Question,Questions & more questions.HELP!

[Spikey92]

First of all : Thank you for taking your time & helping me.
I´m a 20 year old German, currently in Canada with a working holiday visa & I´ve been dating a Canadian (by birth) since October 2011. We are gonna apply for my PR via the Family Class. (Sponsoring a common-law partner).
Now I´ve been doing some research about immigration etc for almost a year now and we are gonna send my application to CIC soon( March or April). I do have some questions though & would appreciate any kind of help

First of all some general questions :
1. My working holiday visa expires May 1st. If we send the application in the middle of April (and we make sure it gets there before May 1st) I dont have to change my status to visitor as I can stay in Canada after my visa expires under the implied status , right?

2. My boyfriend is currently going to college but will be done by the end of March/April. He is a Helicopter pilot but because he will just be done with school in March/April I dont think he will have a job by the time we send the application. I am suppose to check the "Unemployed" box though ,right? Do you guys think theres a way to mention that he just finished school and is going to work as a Helicopter Pilot. Just to point out that he will earn enough money to support me and that hes not that "I´m lazy,stupid and play Xbox all day long" unemployed type.
Also his grandfather has been paying for everything since my bf is in school so he is not in debt or nothing. His grandfather is wealthy and I know that in case we need money he will always be there and help us out.No matter what. Would it be a good thing to add a letter from him saying something that he would support us financially etc. ?

Now some things I couldnt figure out about the forms :

1. Form 0008 ; Question 5 about the Interview. Am I supposed to prefer my native language or am I supposed to check english if I speak english well enough to communicate? I´m just afraid that if I check German they´ll think that I´m not able to communicate in english.

2. Form 0008 ; No. 4 Immigration Office requested for processing this application.
??? I dont know how to answer that...

3. Dependants. They always say Im supposed to mention EVERY family member wheather they come with me to Canada or not. What exactly do they mean by "Family member"? Only children or also brothers of mine and mother and father?

4. Form 5669 No. 10,11
Okay so I understood that I should write NONE and not N/A but am I suppose to write NONE all across the box (write it with hand) or am I suppose to type NONE in every single gap?


I think thats it for now

Thanks again sooo much

 

[Sweden]

Hey,

the answers to your questions are very different depending on whether you're applying inland or outland.
Even if you are in Canada, you can choose to apply inland or outland.
Read the first post about "spousal sponsorship" by Leon, to understand ( you don't have to read the whole thread, just the first page) the pros and cons of both processes.

1 - depending on what type of application - inland or outland. Once you have answered that, I can answer this one!
2 - fill the forms as your current situation ( unemployed), and include a letter explaining how he plans on supporting you. Explain his studies, his current financial situation, his plan when he finishes, and what type of job he will get. Also get a letter from his grandfather saying that he is willing to support you if needed as he has been supporting him during his studies. My partner has been approved despite being a student (with student loan, no wealthy grandfather there - lucky you!) for the last 3 years, so it shouldn't be a problem.

about the forms:
1 - you can choose. Since you're working in Canada already, CIC will know that you speak english. Beside, english is not a requirement for the family class, so even if you didn't speak of word of english currently, it wouldn't play a role in the Spousal application. If you prefer to have an interview in German, then tick German. If you're OK with english, then choose that.

2 - depending on whether you're going inland or outland

3- read the definition of dependent for CIC : it's your own children. Mother, father, siblings go under "additional family members".

4- follow the guideline on that. Write none on the first line, that should be enough.
Good luck,
Sweden

 

[Spikey92]

Hey Sweden,

thanks so much for your fast reply.
We are planning on applying inland. Just because I´ll be able get a working permit until I get the final decision. (even though I probably have to wait for it a little while) & I´m not planning on leaving Canada anyways.

Thanks again for your help so far

 

[Spikey92]

Also do you guys think we could send the application in March even though we started living together May 1st 2012 and you gotta live together for at least a year?? Buy Ive been dating my bf since October 2011 ,we did see each other every day and he lived with me in Germany for a month. The first 6 months of our relationship we couldnt live together because i lived in a city 2 hours away from him, i had my commitments there and he had his work in his city. We did see each other every day though (he drove all the way every day once he was off work and then drove back at 6 in the morning.escept for the weekends of course,which we spent together.
I read somewhere that short absence are okay if they have a legid reason.

 

[Sweden]

Hey Sweden,

thanks so much for your fast reply.
We are planning on applying inland. Just because I´ll be able get a working permit until I get the final decision. (even though I probably have to wait for it a little while) & I´m not planning on leaving Canada anyways.

Thanks again for your help so far

just for you to know - inland means that you can NOT leave Canada for the time of the application. Not for a family emergency, and not for a holiday, or anything like this - so it is a serious thing... there are almost no benefits for visa-exempt to apply inland, as you can be in Canada anyway... and outland is almost always faster for most people coming from visa-exempt country....

to answer your first question: if you apply inland, you don't have to apply for a change of status, as long as you send your application before the end of your IEC visa. But it doesn't extend your IEC visa, so you won't be able to work. But you're allowed to stay in the country on a visitor status ( which you can do with an outland application, you just have to apply for it).

question 2: if you're applying inland, it's Vegreville, if you're applying outland, it's Vienna who is in charge of German nationals.

 

[Sweden]

Also do you guys think we could send the application in March even though we started living together May 1st 2012 and you gotta live together for at least a year?? Buy Ive been dating my bf since October 2011 ,we did see each other every day and he lived with me in Germany for a month. The first 6 months of our relationship we couldnt live together because i lived in a city 2 hours away from him, i had my commitments there and he had his work in his city. We did see each other every day though (he drove all the way every day once he was off work and then drove back at 6 in the morning.escept for the weekends of course,which we spent together.
I read somewhere that short absence are okay if they have a legid reason.

No - don't send your application until you have lived together ( and can prove it with a lease etc) for 12 months. if during the 12 months you have been away for 2 weeks, then it's no problem you still qualify, but the "Dating time" doesn't qualify, no matter how many times a day/ a week you saw each other at that time. If you can not prove that you were living together at that time ( shared a lease, received mail at the same address, paid the bills together etc) then you can not count that time for the 12 months Commonlaw part.

If you started living together 1st of May 2012, you can not send your application before 2nd of May 2013 - if you don't have a full year, your application will be sent back.
The fact that you could not live together for work commitment doesn't matter to CIC - it doesn't count as a barrier to living together.

 

[Spikey92]

Thanks again Sweden for your answer. Youre being a big help

So Im just waiting to get my medical done and my birth certificate and then we would technically be ready to go
Now you said that we shouldnt send it before May1 st. Which makes sense as we started living together may 1st a year ago. But the problem ia that my visa expires May 1st and I wasnt gonna apply for a visitor status as were trying to save as much money as possible and I could just stay in canada under the "implied " status.

Do you think we could send it April 29th and would be okay?
It just needs to get there before May 1st right? Or do they actually have to OPEN and start processing it to get implied status? Then Id be scared that theyre busy and open it lets say May 4th(even though they received it lets say May1st or April 30th) and Im gonna be scr**** cause my visa expired 3 days ago.

 

[Sweden]

Thanks again Sweden for your answer. Youre being a big help

So Im just waiting to get my medical done and my birth certificate and then we would technically be ready to go
Now you said that we shouldnt send it before May1 st. Which makes sense as we started living together may 1st a year ago. But the problem ia that my visa expires May 1st and I wasnt gonna apply for a visitor status as were trying to save as much money as possible and I could just stay in canada under the "implied " status.

Do you think we could send it April 29th and would be okay?
It just needs to get there before May 1st right? Or do they actually have to OPEN and start processing it to get implied status? Then Id be scared that theyre busy and open it lets say May 4th(even though they received it lets say May1st or April 30th) and Im gonna be scr**** cause my visa expired 3 days ago.

You need to wait until you have completed the 12 months of living together before sending your application. If you are missing a few days when you file it (ie, send it the 29th April, missing 3 days), you will likely be refused - CIC seems to be really strict about it. Of course, when they open it, you would have been living together for more than 12 months, but the rule is: you have to be living together for 12 months BEFORE you can send your application, and I wouldn't risk it.

If you don't want to apply online for a visitor visa, you can always try and go to the border and flagpole. You always risk being denied entry, but with a german passport, and the proofs that you are about to apply for PR, that's quite unlikely - just don't say that you are living in Canada - you are visiting... and hopefully you will be given 6 months visitor visa, and you then have time to complete the 12 months living together and then send your application. If you're close to the border, it's cheaper to flagpole than to send an application online.. (75$). But if you live far away, of course not worth it!

To answer your question: implied status starts when CIC receives your package ( from what I understand). But in your case : you need to wait until at least 1st May 2013 before you can file for your PR, otherwise you won't qualify as common-law (even for a few days).

Good luck,
Sweden

 

[Spikey92]

And once again : Thank you so much for your very informative post!

We live in BC and the US border is about 15 -20 mins away from us so that would be an option.

What just came to my mind :
I did leave Canada January 17th to go to my mums birthday in Germany. I came back January 29th and got a new stamp in my passport. Now I dont know if I could use this? They saw the working holiday visa stamped in my passport so idk if the stamp from Jan 29th coukd be used as last entry and I could therefore stay here technically til September 29th?

If I go to the US border do I just have to talk to a person there or do u think I should just go to the US for a minute,then come back and then ask.
Also Im currently not working ,would it be possible that I just remove the working holiday visa from my passport and then enter canada (from the states) without my WHV ,they would think im a normal visitor and give me the right stamp?

 

[Spikey92]

Ok this was weird :
I just called CIC and asked them if I still have to leave canada once my working holiday visa expires or if the new stamp I got when I reentered on Jan 29th allows me to stay until September 29. The agent interrupted and said NO you HAVE to leave before your working holiday visa expires. He actually sounded kinda rude.
Then I asked him about flagpoling and he was like "why would you wanna do that? No dont do that. " and again he sounded rude. He said that if I go to the states chances are theyre not gonna let me back into canada. But i dont understand : as long as I have a valid visa (which i have until may 1st) the border HAS to let me back in.
He suggested I go online and apply for a new visitor visa. Sure thats gonna give them 75 $ whereas the border stamp would be free.

 

[Rob_TO]

I did leave Canada January 17th to go to my mums birthday in Germany. I came back January 29th and got a new stamp in my passport. Now I dont know if I could use this? They saw the working holiday visa stamped in my passport so idk if the stamp from Jan 29th coukd be used as last entry and I could therefore stay here technically til September 29th?

I don't think it works that way. When you re-entered Canada, you re-entered on your existing work visa that's expiring on May 1. You did not suddenly change that to a 6-month visitor visa. So right now you only hold work visa, and since it expires May 1 that is the date you are expected to leave.

as long as I have a valid visa (which i have until may 1st) the border HAS to let me back in.

The border officer doesn't HAVE to do anything. They can deny you at the border for any number of reasons.

I've heard of people running into problems when they try to get back into Canada with a visa expiring very shortly. Sometimes they will ask to see a copy of your onward flight ticket on the date your visa expires, so in your case if you try to go to the US and back, they may ask to see your airplane ticket for you to leave Canada, dated May 1 or earlier.

If the border officer feels that you have no intention to leave Canada after May 1, they have every right to deny you re-entry into Canada even though technically your work visa is still valid. If you want to get a regular visitor visa for when your work visa expires, you should apply for one asap. Again i'm not sure if you can get a valid 6-month visa at the border, while your work visa is still in force.

 

[Spikey92]

Thanks so much Rob_TO

Okay now Im not sure anymore if I wanna risk it :/

Do you think it would change anything if my bf came with me and we both tell them about our cicumstances(that were gonna apply for my PR but have to wait until May 1st to send it?

Is it possible that I could give them my working holiday visa back? Like they take it from me and switch my status into visitor (im currently not employed anyways)

 

[Spikey92]

Alright so I figured I better dont risk anything so I ended up applyinh for a visitor visa. Even though the visa and the priority mail cost me about 100 $ for a single day -.- my visa expires may 1st ,we will send the application on May 2nd and I would have gotten implied status anyways if I only could send the application before May 1st. But apparently CIC is very strict about the "live in a common law realtionship for at least 1 year". So Im technically paying 100 $ for a single day !!!
Now I just hope that Ill get my visitor visa.
I told CIC about the circumstances, showed them that I have enough money to provide for myself, that I have a private health insurance etc.