Thread for Outland LONDON, UK Applications!

[saeedar]

You can try sending LVO a case-specific email. Otherwise there's not much to do but wait.

The posted processing time for London is 11 months from the time London receives your application for 80% of decisions to be made. That means that 20% of applications will take longer than 11 months. Your application arrived in London in January of this year, so it's only been in London for 8.5 months. In addition, you are non-visa exempt, and non-visa exempt applications take longer than visa-exempt ones. If you look at the spreadsheet, TooCareless1's application took one year. Heppster's took 8. EagleMan's is still outstanding. Togethersoon's took 9. DesiVoodoo seems to be the exception, taking only 6.

Without knowing more details about your application it's impossible to know what's going on. But you technically are still within London's processing time, and will be for another 2.5 months. Once you pass 11 months in London you can start getting on their case more.

As for saying that 'pending' applications take longer, that's not true. Just look at the spreadsheet and compare dates for 'In Process' to 'Decision Made'. Some are only a few days, others are a few weeks, others are a few months. There's no real pattern.

Send a case-specific email, then wait.

Thanks for your useful answer. The problem is that they have never answered my case-specific questions.
But I will send the extra document next week, although they have not asked me! and will let them know when it is arrived at LVO.

 

[SchnookoLoly]

You need to have lived together for 12 consecutive months when you apply, what you do afterwards doesn't matter. I don't know where you got your information from.

That's not strictly true. The rules lighten up after 12 months, but it is not iron clad. Two years ago there was a poster on BE who was in Canada on IEC and had been living with his girlfriend for about 18 months. His IEC ran out, and not having money to stay in Canada unemployed, and since they had been living together 12 months, he went back to the UK to work while the application was processing.

He informed CIC of his address change, like he was supposed to, and they wrote him back a week later saying that since he had moved to a different country, his common-law status was no longer applicable and as such he could not make an application for PR as a common-law partner. They got married and re-applied as a married couple.

I appreciate your point that it's unlikely that CIC will get grumpy, particularly given the circumstances in this case, but in my opinion, it is not worth the risk. As I said, CIC has asked a few people for continuing and additional evidence of cohabitation; if they are asked for this when OP is in Canada and her partner is in the UK, then there is a risk of invalidating the application.

Lastly, if PR is granted as CONDITIONAL PR, it does mean that you need to continue living together, whether married or common-law; living separately after Conditional PR is granted could get in the way of having proper PR granted (but we'll see what happens when those cases start coming to light from 2015).

 

[Graihn]

That's not strictly true. The rules lighten up after 12 months, but it is not iron clad. Two years ago there was a poster on BE who was in Canada on IEC and had been living with his girlfriend for about 18 months. His IEC ran out, and not having money to stay in Canada unemployed, and since they had been living together 12 months, he went back to the UK to work while the application was processing.

He informed CIC of his address change, like he was supposed to, and they wrote him back a week later saying that since he had moved to a different country, his common-law status was no longer applicable and as such he could not make an application for PR as a common-law partner. They got married and re-applied as a married couple.

I appreciate your point that it's unlikely that CIC will get grumpy, particularly given the circumstances in this case, but in my opinion, it is not worth the risk. As I said, CIC has asked a few people for continuing and additional evidence of cohabitation; if they are asked for this when OP is in Canada and her partner is in the UK, then there is a risk of invalidating the application.

Lastly, if PR is granted as CONDITIONAL PR, it does mean that you need to continue living together, whether married or common-law; living separately after Conditional PR is granted could get in the way of having proper PR granted (but we'll see what happens when those cases start coming to light from 2015).

Ok I see.. Maybe they ask for continuous proof when the proof originally sent was quite weak.

 

[SchnookoLoly]

Ok I see.. Maybe they ask for continuous proof when the proof originally sent was quite weak.

It's possible - but some people who have been asked have insisted that they provided a ton. Without seeing their apps, it's impossible to say whether or not that's the case.

In the interest of always giving advice that errs on the side of caution, I still think OP should make sure they are not living apart, just in case CIC comes calling!

 

[canuck_in_uk]

Common-law is a legal status. Once a couple has established common-law, living apart will not break that status as long as they can prove a continuing conjugal relationship.

www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

OP 2 Processing Members of the Family Class - 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 a part for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists

I had not thought about this for even one second. I had no idea that me going without him for a period could mean that we could fall out of status - is that even the case when we have a daughter together? I guess they could consider us separated right? I honestly thought that common law (and with children) or married had the exact same 'status' but I am wrong.

You will not lose your common-law status if you head to Canada a few months ahead of him.

 

[SchnookoLoly]

Common-law is a legal status. Once a couple has established common-law, living apart will not break that status as long as they can prove a continuing conjugal relationship.

.....

You will not lose your common-law status if you head to Canada a few months ahead of him.

Green5, I am simply sharing what I have seen CIC do in the past. I'm aware of what their handbook says on the matter, I have quoted it myself. However, it doesn't change the fact that CIC still gets stick-up-the-ass about it sometimes. I agree that once it's established that it should be fine to live apart, and it's likely that Green5 will not have issues moving ahead of her partner, however it cannot be guaranteed.

It's the kind of thing that would probably win on appeal if CIC did decide to check and reject the application... but that adds MONTHS to the processing time.

Better safe than sorry.

Green5 - your call. You have conflicting bits of advice, up to you which you choose to listen to!

 

[canuck_in_uk]

Green5, I am simply sharing what I have seen CIC do in the past. I'm aware of what their handbook says on the matter, I have quoted it myself. However, it doesn't change the fact that CIC still gets stick-up-the-ass about it sometimes. I

What else have you "seen CIC do in the past"? I've been on the forum for a few years now and have never seen a comon-law couple denied because they were living apart. Quite the opposite, I've seen many couples that have lived apart after becoming common-law be aproved without issue. Occasionally, they are asked for proof of the ongoing relationship but not often. Have a look at a user named CDAN; they lived apart for 3 years and their common-law app was approved in November.

From your previous posts, you are basically using one person's story from a few years ago, which you have no way of knowing is actually true, as your basis.

 

[Graihn]

Decision Made today! Yaaaay!!

Same day as I received my notes I got it. In the notes security hadn't even started as of August 26.

 

[Green5]

Hi everyone and thank you to everyone for offering advice and guidance it's incredibly appreciated really.

I can see there are conflicting info but this often happens and i am quite certain that in fact - probably you are all somehow right. Maybe the difference lies here with the fact that Common Law partners could only be appart for the exceptions mentioned (illness of relative being one). The reality in our case is that we would not really want to be appart for all this time (2 months +) so - the debate can rest because at most we would be appart a month I think and my partner would come to join me in Canada I think. Maybe 1.5 months.

But we are note there yet. I might ask for the GCMS notes - although seeing that our case according to the cic online status is 'received' but not in process - I suppose the notes might just say - 'received and waiting to be processes' ?!

Does anyone think it would help to actually ask for them at this point?

I could see that a few people had their paperwork done real quick - Congrats!!!

 

[SchnookoLoly]

Canuck_in_UK, I take your point. I agree with you generally that it *shouldn't* be a problem, but I am just pointing out that there is a chance, however slim, that it COULD be a problem. 99.9% chance that OP is going to be fine, 0.1% chance that someone grumpy from CIC is having a bad day. As I said, it's the kind of thing that would probably be allowed on appeal, if it came to that, which is unlikely.

Green5 - ordering GCMS notes is probably premature at this stage, and it just gives CIC extra work that they don't need. If you had been waiting ages then that would be different, but your application was only filed in June, so it's only been 3 months. THere isn't much information you're going to get from your notes. There are people from 2013 still waiting... just leave it for now and don't give them extra work. At least that's my opinion!

Hopefully everything goes smoothly. GOod luck!

 

[Becki567]

Decision Made today! Yaaaay!!

Same day as I received my notes I got it. In the notes security hadn't even started as of August 26.

Congratulations!!!! Spreadsheet Updated. Don't forget to let us know once your COPR arrives

 

[SchnookoLoly]

^ Congrats, sorry I missed your post!

ALso let us know where you're located, so we can add that column in too! And which office processed your application! So many missing fields!! Aaahhh.

 

[Graihn]

Congratulations!!!! Spreadsheet Updated. Don't forget to let us know once your COPR arrives

Thanks, hopefully by next week. Want to start making the necessary plans for international office transfer to Canada.

Saw that holgerdanske got his in 3 days to Denmark.

So you can also update that my VO is London and location is Stockholm, Sweden.

tHanks

 

[SchnookoLoly]

Done, hopefully it's not too long!

 

[MrPineappleHead]

My application was received back in mid Jan with sponsorship approval exactly a month later. I've not heard a peep from CIC in London since they requested additional proof of cohabitation on the 7th of April.

My medicals will expire in mid November, when should I get in email contact with CIC about getting this extended?

I'm truly peeved off at the totally lack of communication from CIC and the ridiculous amount of time this process is taking. It's great seeing other people who applied around the same time as me get their 'Decision Made' updates, but I'm starting to feel quite left behind :'(. It's a pretty isolating experience being out of the workforce for almost 6 months. I'll try not to become too bitter though.