Staying in canada during an common law application

[sjennions]

Hello,

I am looking for some advice from people whop may have been through the process. I am currently in canada on my second working holiday visa, i have been here since May 2013. i am living with my canadian fiancee (i am from England) and we are expecting a baby in September.

We are looking to apply for a common law visa but are wondering if i apply from within canada, will i have to leave the country next year when my working holiday visa expires and we are still waiting on our common law application?

Thank you for any advice people can give us.

Simon

 

[TorontoEH]

It depends if you apply Inland v Outland.

I am in Canada on a visitors visa and we have applied Outland. We made a decision to go with Outland because it should be quicker for the entire process to complete and there is a right to appeal in the event that the application is denied.

You should obviously compare opinions and most importantly do some research but you will most likely find that it is quicker to apply Outland. The UK VO seems to be pretty responsive.

 

[Alurra71]

Hello,

I am looking for some advice from people whop may have been through the process. I am currently in canada on my second working holiday visa, i have been here since May 2013. i am living with my canadian fiancee (i am from England) and we are expecting a baby in September.

We are looking to apply for a common law visa but are wondering if i apply from within canada, will i have to leave the country next year when my working holiday visa expires and we are still waiting on our common law application?

Thank you for any advice people can give us.

Simon

Because you are british passport holder, I would suggest you file an outland application as it will be faster than an inland application. Roughly a month before your whv expires, you should send in an application to change the status / conditions of your stay and change that to visitor and note that you have an ongoing spousal sponsorship application and you would like to remain with your family until a decision has been made. Until that application is either approved/denied you can remain in Canada, however you can not continue working so don't do it! You are very likely to be approved and given a 1 year extension that should be more than enough time to get your full PR approved.

Good luck!

 

[Chevy23]

I'm applying outland but I have a friend who did apply inland and I believe she applied for a work permit whilst she was waiting for her PR to come through, but this will not be granted until you have passed the initial assessment which is about 10 months at the moment... so it depends when your current visa runs out

You have the option to apply outland to London as well which is a lot quicker than applying inland but you cant apply for a work permit through the outland method

 

[Rob_TO]

Hello,

I am looking for some advice from people whop may have been through the process. I am currently in canada on my second working holiday visa, i have been here since May 2013. i am living with my canadian fiancee (i am from England) and we are expecting a baby in September.

We are looking to apply for a common law visa but are wondering if i apply from within canada, will i have to leave the country next year when my working holiday visa expires and we are still waiting on our common law application?

From your other post your WH visa expires April 2015. If you spend the next month putting together your common-law OUTLAND application and submit it in July 2014, then there is a very good chance your full PR would be approved by April 2015. And even if it isn't, 1 month before your WH visa expires you can just submit a request to turn it into a regular visitors status for an additional 6 months.

Since you have a valid visa iin Canada for at least 1 year, you can also request CPC-Ottawa as your visa processing office. In this case any potential interview (though very rare) would be held in Canada, instead of in London if you applied via London office. I believe both visa offices are similar in processing times though, so the choice is up to you. In the end CIC may just send your app to London anyways, even if you request CPC-O.

Do you have provincial healthcare for your pregnancy and delivery?

 

[yvr1234]

From your other post your WH visa expires April 2015. If you spend the next month putting together your common-law OUTLAND application and submit it in July 2014, then there is a very good chance your full PR would be approved by April 2015. And even if it isn't, 1 month before your WH visa expires you can just submit a request to turn it into a regular visitors status for an additional 6 months.

Since you have a valid visa iin Canada for at least 1 year, you can also request CPC-Ottawa as your visa processing office. In this case any potential interview (though very rare) would be held in Canada, instead of in London if you applied via London office. I believe both visa offices are similar in processing times though, so the choice is up to you. In the end CIC may just send your app to London anyways, even if you request CPC-O.

Do you have provincial healthcare for your pregnancy and delivery?

His canadian fiancee should have provincial healthcare, since she is Canadian.

 

[Rob_TO]

His canadian fiancee should have provincial healthcare, since she is Canadian.

Ah yes... missed his name was Simon so obviously the sponsor is the pregnant one!