Thread for Outland LONDON, UK Applications!

[murphn24]

Err not sure actually. I think usually when you use a rep all correspondence goes to them... but for the COPR I may be mistaken.

Surely your consultant knows the answer?

She believes it will go to her. Only reason I was asking is that the 'Decision Made' notice says they will contact me with their decision. Will keep an eye out for it in any case. Thanks!

 

[rhcohen2014]

She believes it will go to her. Only reason I was asking is that the 'Decision Made' notice says they will contact me with their decision. Will keep an eye out for it in any case. Thanks!

that is just the standard language used on ECAS. if you have a representative it won't specifically state it was sent to them. ECAS can't distinquish between you and your representative. "you" is a general term no matter if you have a representative or not.

 

[CanadianInUK]

In case anyone is interested -

I ordered notes a month ago, not because I expected it to jog them along as I'm not that far in, but because we plan to go to Canada early December to finish waiting and I wanted an idea of where we were at. They came back bang on the 30 days. Not very far along but medical approval was listed. Eligibility, Security and Criminality all say not started. So definitely not as speedy a time line as the Mississauga processed aps seem to be.

I feel like we have a good chance at being on the 7/8 month average. So fingers crossed for early next year!

 

[BChome]

Thanks for the replies, its really appreciated

So... as far as I'm aware (through my own research and advice from the Canadian immigration lawyer I've been using), you are not allowed to apply for PR if you are criminally inadmissible in the majority of cases. However, it is my understanding that in certain extenuating circumstances they have the ability to waive this requirement (my lawyer has dealt with an almost identical case from London where this happened 6 months ago), hence me also submitting a humanitarian and compassionate supplementary application to try and overcome the issue of inadmissibility. I know its a long shot, but I'm not able to apply for an official pardon until April 2018, which is too long. The other possible route that I'm aware of is the issuance of back to back TRP's (with work permit attached) until I am able to apply for a pardon and then put my PR through.

RE my current living arrangements, my Canada address is still my full time permanent home, that I share with my partner (all the bills are still in both our names, it where my bank is registered, truck etc) and I am currently just 'holidaying' at my father's house. I have been living with my partner for 4 years and have provided vast quantities of documentation and photographic evidence to support this. My address in BC is still my valid full time residential home, even if I'm not allowed to be there right now. I chose to apply with my partner Steve as my spousal sponsor, however, I do fit the requirements of many of the PR schemes (Canadian experience class, skilled worker, PNP) and have included all the documentation to show this within my spousal application. I've given them absolutely everything! I should be a good candidate except for this stupid DUI conviction! ...which I only got because it was the arresting officers first ever arrest so I got BOTH roadside AND federal charges AND got deported, all because of 2 bloody gin and tonics! I'm not bitter or anything lol!

I have supplied an awful lot of additional supporting documents to hopefully further my case: over 100 letters of reference from the local community, including charities, church groups, lawyers, doctors, many business owners, societies, bankers and the mayor. I am a respected local youth mentor, sit on the board of directors of the film society and have been integral in implementing plans to buy and preserve the historic cinema on behalf of the community. I raise money fro Relay for Life and am closely involved with many more community activities, al of which I've supplied supportive evidence of. I have skilled open job offers (fisheries biologist and theatre manager).
I have also totally complied with my sentence under BC law. I have letters of recommendation from the administrator of the responsible drivers course I participated in, and have supplied evidence that I had part of my sentence (ignition interlock device) revoked due to good behaviour and full compliance with the other components of my sentence ($1000 fine, 1 year ban and course). I also have the support of the CBSA officer in charge of my deportation. - which incidentally involved being escorted onto a plane by 2 uniformed armed guards just to add an extra dose of humiliation to the scenario! lol!
In addition, I also try and get some hope from the fact stated on the CIC website, that as of April 2012, people that have not yet received a pardon for a single misdemeanour offence (DUI and shoplifting are the examples given), have the ability to enter the country in certain circumstances (which aren't specified unfortunately).

I have to do everything I can to remain optimistic! I don't have a back up plan for my life, I need to get back home ASAP!
I just have to keep hoping and praying that my case falls onto the desk of someone that is willing to view it in its entirety, good and bad, and not just focus on one single error of judgement I made.

A big thank you for running this site it feels good to get that out there!

 

[Petitepoutine]

Spreadsheet update:

Got sponsor approval today (11/04) and our application has been transferred to Ottawa!

Looking at the spreadsheet, I'm pretty happy it's not gone to London (would have preferred Mississauga, but hey!)

So happy this first step is over!

 

[SchnookoLoly]

Hahahaha funny timing, I am just going through the spreadsheet and chasing up with outstanding applications. Just as I got to your name, a notification popped up in my inbox that a new reply was posted! How funny.

Congrats!

 

[anonapplicant8]

Spreadsheet update:

Got sponsor approval today (11/04) and our application has been transferred to Ottawa!

Looking at the spreadsheet, I'm pretty happy it's not gone to London (would have preferred Mississauga, but hey!)

So happy this first step is over!

Glad you finally got your SA. I was wondering if you had heard anything as we sent similar forms around the same time. There doesnt seem to be any consistency.

 

[Petitepoutine]

Glad you finally got your SA. I was wondering if you had heard anything as we sent similar forms around the same time. There doesnt seem to be any consistency.

Thanks! Sure hope our application goes in process as fast as yours

 

[dj322]

Me and my wife would like to go to the UK for a short period of time to live there and work. My question is, can my wife work in the UK or would she need some kind of visa? I am a UK Citizen / Permanent Resident and she is a Canadian Citizen.

 

[SchnookoLoly]

Me and my wife would like to go to the UK for a short period of time to live there and work. My question is, can my wife work in the UK or would she need some kind of visa? I am a UK Citizen / Permanent Resident and she is a Canadian Citizen.

This is not the right forum for you. I suggest posting elsewhere that can give you UK-specific advice. Try this - http://britishexpats.com/forum/moving-back-uk-61/

 

[taffy7]

Me and my wife would like to go to the UK for a short period of time to live there and work. My question is, can my wife work in the UK or would she need some kind of visa? I am a UK Citizen / Permanent Resident and she is a Canadian Citizen.

No she can't work in the U.k WITH A WORK VISA . Snooky is right try the site she suggested. She also won't have any heath care so much sure you take out insurance . Even with me begin a British citizen i had to pay for heath care because i didn't at that time have a permanent residence .

 

[BChome]

I'm hesitant to add you to the spreadsheet right now because I'm not certain you're eligible to be sponsored anymore. First is the DUI and removal from Canada; I don't know the rules around convictions and sponsorship, but I seem to have it on my mind that you can't be sponsored for PR while you are inadmissible to Canada, but I'm not certain about that.

The second thing that's jumping out is that you say that you and your partner are common-law, but that you are living apart - that's a HUGE problem. Someone 2-3 pages back just posted that CIC requested additional proof that they have been living together the past 12 months, and that was after they filed their application. They are still living together, so it's not a problem, but if you are living apart then you may not be considered common-law partners.

Presumably CIC knows that you are no longer in Canada and that you were removed as a result of the DUI?

Sorry it's so pessimistic, hopefully I'm wrong. Would like for others to weigh in here. May also be worth posting your story in the main forum to get some additional advice.

zqdot I don't know, I'm wondering if s/he is actually inactive. I do need to do a chase up with some people who I think should be completed by now. Saeedar is non-visa exempt, those cases very often take far longer than normal, that's why we have that column. In Process is also notoriously unreliable - just look at the number of people who don't go to In Process at all! My advice usually is that if ECAS changes to update a particular status then it's probably accurate, but if ECAS hasn't changed then it doesn't mean nothing is happening. When I applied in 2012 (me as sponsor, husband as PA), ECAS for my husband never changed to In Process at all, and only changed to Decision Made four days AFTER we received COPR in the post.

Yes CIC are aware of my entire situation, and I have been in direct communication with London since May.
Each time they've requested new information, or the new medical and ROPF, I've seen it as positive steps forward, do you think I'm being overly optimistic? I know I'm up against it, but I hope its not impossible? Would they not just say 'no' if the inadmissibility was absolute?
Also, I am now very worried as the updated schedule A that I very recently submitted, has my fathers address as my current one, do you think I should send an email to them clarifying that I have 2 addresses at present, both in Wales and in BC? My ECAS still reflects my BC address even though I did inform them I was currently staying at my fathers.
I'm a fan of providing as much information and documentation as possible, and being as transparent and honest about every aspect of ours lives as possible. I think if I'm to be successful with my difficult case, then they've got to see the full picture of our lives, and not base their decision on the limited information usually provided in the basic application form. Do you think this is the right approach? I just want my case to be as strong as possible.
I have recently let my incompetent lawyer go, so am tackling this myself now, so any advice or info that might help would be really appreciated.
Many Thanks

 

[SchnookoLoly]

Honestly, your case is above my pay grade. I don't know enough about criminal inadmissibility and criminal records to know for sure. I know that living apart and applying as CL is likely (but not guaranteed) to cause problems. You said you have kids in Canada, so there might be a case for H&C, but honestly I don't know enough about criminal/H&C cases to give you sound advice one way or another. Sorry...

Might be worth checking around for recommendations on another lawyer.

 

[Petitepoutine]

I have been looking at the spreadsheet and noticed there isn't a column for CSQ timeline. I know there aren't that many Québec applicants, but can anyone tell me anything about the MIDI part of the application might impact our timeline?

Thank you!

 

[canuck_in_uk]

I know that living apart and applying as CL is likely (but not guaranteed) to cause problems.

When you state this, please reference the fact that you are basing your belief on one person's post that you saw on another forum a few years ago.


I will once again state that I've seen many couples on this forum who were living apart after becoming common-law be approved without issue and reference the CIC manual:

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