Quick Question about Travel.

[JamesSparrow]

So, the story goes as thus. My girlfriend is who is from the UK is in the process of getting her common law sponsorship from me. It hasn't begun processing yet because they're on novembers right now and she is also currently living with me in Canada on a visitors visa which she has a few months left on. My question is this.

She is going to be traveling down to Chicago to visit family soon, and will be coming back to me in Toronto. I won't be able to be on this trip due to work but I'm wondering is there going to be any issues for her to get back in?

 

[RajaJi]

She will be able return to Canada without any problem. Re-entry is never guaranteed though.

 

[canuck_in_uk]

She should carry proof of the PR app and proof of finances. She isn't "living" with you; she is visiting you while her PR app is processed.

 

[draxz1289]

She should carry proof of the PR app and proof of finances. She isn't "living" with you; she is visiting you while her PR app is processed.

canuck: If they arent living together and showing it wouldnt that be a problem considering they are applying as common-law?

 

[Ponga]

canuck: If they arent living together and showing it wouldnt that be a problem considering they are applying as common-law?

CIC wants to see that the couple is living together.

CBSA does NOT want to see that the couple is living together.

The semantics associated with this whole immigration process is ridiculous, IMHO. Living together...or, is it visiting...or, is it residing...it's all ridiculous.

Telling CIC one thing, while telling CBSA something different is...you guessed it...ridiculous!

This is one reason why people that are actually IN Canada, think that they have no choice but to apply Inland, since the instruction guide tells them to use the Outland application if they are LIVING outside of Canada.

Living as defined by CIC or CBSA?!?!

 

[draxz1289]

CIC wants to see that the couple is living together.

CBSA does NOT want to see that the couple is living together.

The semantics associated with this whole immigration process is ridiculous, IMHO. Living together...or, is it visiting...or, is it residing...it's all ridiculous.

Telling CIC one thing, while telling CBSA something different is...you guessed it...ridiculous!

This is one reason why people that are actually IN Canada, think that they have no choice but to apply Inland, since the instruction guide tells them to use the Outland application if they are LIVING outside of Canada.

Living as defined by CIC or CBSA?!?!

Ah I didn't think it was two separate organizations cause I always assumed you will tell the CBSA whats with CIC since they are connect in someway.

The gf being from the UK I would presume shouldn't have a problem re-entering Canada. Also sorry not to alarm the OP but I am under the impression that common-law partners cannot break cohabitation does that apply only after you have submitted the application or pretty much till its processed - just for my understanding

 

[Ponga]

Ah I didn't think it was two separate organizations cause I always assumed you will tell the CBSA whats with CIC since they are connect in someway.

The gf being from the UK I would presume shouldn't have a problem re-entering Canada. Also sorry not to alarm the OP but I am under the impression that common-law partners cannot break cohabitation does that apply only after you have submitted the application or pretty much till its processed - just for my understanding

Taking a short trip without the partner is generally not a problem, since CIC does state that this is acceptable. The question, however, is what does CIC deem to be a `short' trip?
Most people here seem to agree that a week or two is not a big deal, but anything beyond that could be a problem.

 

[draxz1289]

Taking a short trip without the partner is generally not a problem, since CIC does state that this is acceptable. The question, however, is what does CIC deem to be a `short' trip?
Most people here seem to agree that a week or two is not a big deal, but anything beyond that could be a problem.

Ah I see Ponga and this wont apply before you have applied correct since a couple have to be living together for 12 months straight

 

[Ponga]

Ah I see Ponga and this wont apply before you have applied correct since a couple have to be living together for 12 months straight

No, it also applies to a couple that has not yet met the 12 months of cohabiting that is required. As long as the separation is `short' (in the eyes of CIC), they're still eligible to be deemed common-law after 1 full year living together.

 

[Rob_TO]

So, the story goes as thus. My girlfriend is who is from the UK is in the process of getting her common law sponsorship from me. It hasn't begun processing yet because they're on novembers right now and she is also currently living with me in Canada on a visitors visa which she has a few months left on. My question is this.

She is going to be traveling down to Chicago to visit family soon, and will be coming back to me in Toronto. I won't be able to be on this trip due to work but I'm wondering is there going to be any issues for her to get back in?

I assume she applied OUTLAND (to be processed in London visa office), correct?

Since you have already reached the required 12 months cohabitation and are an officially common-law couple, you are now free to live apart for any duration of time, and still maintain the common-law status. So for example if she needed to return to the UK for work while the PR app is processing while you stayed in Canada, even if you were apart for over a year that would be fine since you have already established your common-law status. You would just need to show the common-law relationship is continuing if asked. This is actually a common occurrence for common-law apps where sponsor is in Canada and applicant stays in their home country.

It's only with INLAND apps that there is a mandatory requirement to remain cohabiting in Canada during the entire duration of processing.

 

[draxz1289]

I learn something.

So the continuous cohabiting only applies to in-land interesting

Thanks guys

 

[Rob_TO]

Here is some more clarification of this:

OUTLAND: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation.

INLAND: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
Cohabitation
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada.
Documents provided as proof of the relationship should also establish that the
spouse or common-law partner and the sponsor are living together.
Persons who are not cohabiting with their sponsor at the time CIC seeks to
grant permanent residence (persons who have been removed or who have left
Canada voluntarily), are not eligible to be granted permanent residence in the
Spouse or common-law partner class and may apply in the family class
(overseas).

 

[canuck_in_uk]

Summed up nicely Rob

 

[draxz1289]

Thank you for answering and the reason I was asking was for my friend who applied being married but isnt living together

I dont want to continue to hijack the OP's thread.

Could you all chime in a new thread I have created

http://www.canadavisa.com/canada-immigration-discussion-board/applied-under-being-married-and-not-living-together-inland-t270903.0.html

 

[JamesSparrow]

Hey guys, thanks for all the responses.

Hopefull she doesn't run into any problems coming back in, at the moment we're still waiting for the application to begin so we don't have any numbers or references to give. We've received nothing since sending in the documents around the beginning of January. She isn't going to be in Chicago long, maybe a week and a bit at max. She'll still have plenty of time on her visitors visa here as that doesn't go out until April.

I've explained to her if any issues arise just to mention she is here visiting me and went down to the states to visit family.