Tier 5 YMS in UK Wanting to Bring British Commonlaw to Canada?

[Polychromize]

Hello everyone,

I have been lurking these forums for a while and trying to decipher which would be the best route for myself and my partner. Any help is greatly appreciated. I'm going to try and break it down as simple as I can, because as we all know these things aren't as simple as we'd like.

I am a Canadian citizen (21) in the UK on a Tier 5 YMS since January of 2014. I met my partner (22) in March, and made it official in September. We have been living together since November, first in a house share and now in our own house. My current visa runs out in January of 2016.

We both need to stay in work, and would both like to attend school sometime in the near future (a year or so). We are both employed, but he is self employed. We don't necessarily want to get married this soon, and I can't stand the idea of getting married just to live in a certain country. However, we both can't stand to be apart for each other. What is the easiest way for us to stay together with that being said?

I was thinking of sponsoring him as a commonlaw in November as an outland application, bring him back with me in January as a visitor while we wait to hear back? It seems to be the cheapest route and would enable him to work and go to school if it gets approved... However when I've done the eligibility test, there is a question that says "Did you enter into your relationship before you turn 22?", does this affect anything? Where would we stay if we do an outland application - could he come back with me while it's being processed as a visitor and then stay? Would it really take 28 months from the London office if we had everything complete?

Opinions or insight is greatly appreciated. ;D

 

[blink1ate2]

Hiya

I am in the exact situation as you, Canadian in UK on Tier 5 YM Visa. Arrived in UK Sept 2013 & leaving next month. However I did marry my spouse a couple of weeks ago. My now husband will be returning with me as a visitor with duel intent. Our application was received Dec 15 2014

As long as you have proof of cohabitation for a period of 1 year you would be able to apply outland as common law. Your partner would be able to return with you as a visitor for 6 months then apply for extension. However you say you both need to work? Best to maybe look into Canada's working holiday visa?(hard to get) Or student visa? I would say that at the moment it would be about a year wait time, possibly longer.

The last 20 decisions made in London took an average of a little over 12 months

There is an Outland London UK thread that has information and spread sheet about these times

Also there is a loophole in the Tier 5 rules to not changing visas. If you were to marry the family class visas are not points based therefore you could switch while in the UK, we did not look very hard into this though as we always knew we would go back to Canada.

 

[Polychromize]

Hiya thanks for your response and congratulations!!

I don't mind not working - my parents have invited us to stay in their home in renovated basement (only thing that's shared is a kitchen) however my partner doesn't want to seem like a "free loader" as he's not met my family yet. 12 months is an awefully long time - I remember freaking out around Christmas time about sorting my visa out and he told me to relax, we have plenty of time. It makes me sad that it could have almost been sorted now.

So, could we apply Outland and him come to Canada with me in January with dual intent, and this would allow him to work while he waits? Does he have to apply for this dual intent or just mention it when he's at the border? Or would applying inland be easier or quicker? I've read so much that everything seems to contradict what I've read or confuse me even more.

Thanks so much for responding, it's comforting to know that someone else is in the same boat as me!

 

[MiriamT]

However when I've done the eligibility test, there is a question that says "Did you enter into your relationship before you turn 22?", does this affect anything?

Where did you see this? I just went over the sponsorship eligibility and did not find this question (or test).

I entered my relationship (which is no longer) when I was 19, and sponsored when I was 21. It never mattered. The only situation in which I'd think the age 22 would matter is under the old definition of "dependent child" for immigration programs — it has now changed and it's 19 years —, which isn't applicable to you.

 

[Polychromize]

As far as I can tell from the eligibility list I am fine. But when I was pretending to be in my partner's shoes and go on the "found out if you're eligible to come to Canada" page, and this was one of the questions. :-X I answered as "common law spouse who have lived together" as relation to family member, entered his DOB and where we currently live, where we would live in Canada, and then that question, "Did you get married, or begin a common law relationship before your 22nd birthday?" I answer yes and say I / he's not eligible. :/

"Your Results

We used your answers to see if you may qualify for any of Canada's primary immigration programs. Based on your answers, it appears that you are not eligible to immigrate to Canada at this time under a federal program.

It is possible that a change in your situation could make you eligible (for instance, if you want to study in Canada you may become eligible if you are accepted into a study program). Your specific situation may alter your results.

You can find out more about requirements for studying, working or visiting Canada on this website temporarily.

Most provinces have special programs to help people move there. In most cases, you must already have a job offer, an investment plan or work experience in the specific province. The rules for application are different for each province."

 

[blink1ate2]

Hiya thanks for your response and congratulations!!

I don't mind not working - my parents have invited us to stay in their home in renovated basement (only thing that's shared is a kitchen) however my partner doesn't want to seem like a "free loader" as he's not met my family yet. 12 months is an awefully long time - I remember freaking out around Christmas time about sorting my visa out and he told me to relax, we have plenty of time. It makes me sad that it could have almost been sorted now.

So, could we apply Outland and him come to Canada with me in January with dual intent, and this would allow him to work while he waits? Does he have to apply for this dual intent or just mention it when he's at the border? Or would applying inland be easier or quicker? I've read so much that everything seems to contradict what I've read or confuse me even more.

Thanks so much for responding, it's comforting to know that someone else is in the same boat as me!

You would most certainly want to have sponsorship approval before he comes as a visitor but he will not be able to work at all, why I suggested the possibility of the other visas?

see link about dual intent.
http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

Applying Inland can take even longer and he would still not be able to work as a visitor.

I cannot believe how similar situations are LOL we are moving in with my dad converted apartment only sharing kitchen!

 

[Polychromize]

You would most certainly want to have sponsorship approval before he comes as a visitor but he will not be able to work at all, why I suggested the possibility of the other visas?

see link about dual intent.
can't post links yet so had to delete

Applying Inland can take even longer and he would still not be able to work as a visitor.

I cannot believe how similar situations are LOL we are moving in with my dad converted apartment only sharing kitchen!

I have just read that it takes longer for Inland. Did you ever think about trying to stay in the UK? The application fees are so much more here! I guess he's just going to have to be at my beck and call until it gets approved as PR in Canada ;D. It is so weird how similar the situations are! How much total did it cost you for the application? Can I ask about your marriage? I have thought about doing it on the down low, just for simplicity's sake, and then having a "vow renewal" or something like a big wedding when we get financially sorted, but I'm not sure. It's all overwhelming and I feel like I have no time to sort anything haha.

 

[truesmile]

The question that you are concerned about, does not apply to spousal sponsorship.

 

[blink1ate2]

I have just read that it takes longer for Inland. Did you ever think about trying to stay in the UK? The application fees are so much more here! I guess he's just going to have to be at my beck and call until it gets approved as PR in Canada ;D. It is so weird how similar the situations are! How much total did it cost you for the application? Can I ask about your marriage? I have thought about doing it on the down low, just for simplicity's sake, and then having a "vow renewal" or something like a big wedding when we get financially sorted, but I'm not sure. It's all overwhelming and I feel like I have no time to sort anything haha.

I did look into staying in the UK, that's how found out we could switch to family class since it isn't points based. I think in total with medical, police check and application fees it cost about $2000ish CAD

I wouldn't suggest that you get married "on the down low" the CIC will look at that as suspicious, there is a form you fill out where you have to write in detail about ceremony and reception, would be a red flag if you don't have details and photos as you need to try and prove that you are in a legitimate relationship that other people support.

We had a two year engagement, in our application we included all of the receipts for deposits from vendors, copies of contracts with vendors, invitations, guest lists and then we did do the BIG white wedding two weeks ago almost.

 

[kettle]

ehhh...

I might get dinged for this but here goes:

The common-law application wasn't designed for people who weren't ready to be married. Its not a back door entry system so people can continue testing the relationship waters. It was designed for people who are in a committed marriage like relationship who choose not to get married for whatever reasons.

You are both young, and there are plenty of open work visas available for young people. It doesn't have to be in Canada either, you two can travel to other countries together potentially if that interests you. There is an open work visa scheme for British youth, I can find the exact visa if you want. It is the visa my spouse used to come to Canada for the first time.

 

[Aquakitty]

I agree, settling in Canada as a PR is a big commitment, even as common-law. You are responsible for him for 2 years, and time and money for the application. There is no need to go through this process right now, get a working holiday visa for him and move to Canada and try it out.

 

[Polychromize]

We are committed to each other most definitely, but there are a lot of things in life we haven't experienced. He has never been out of the country before, and you guys are right that it is a long term commitment to sponsor him.. It just seemed cheaper and less complicated than any options I've seen.

If that's not a good direction to take, then what is? He is a labourer/tarmacker and wants to go to school to be an electrician.
Working visas are hard to get from what I understand - I work as an office administrator and as much as I've read, you need sponsors from Employers and it sounds dead complicated and expensive, we're nothing special in the employment world but I just know I can't stand to be apart from him. :/

Should I get an immigration lawyer? I'm starting to panic now as it seems every route I explore leads to nowhere and I'm scared I'm gonna have to go back without him. The waiting list for the current IEC is over 3300 and we can't really afford to live elsewhere. I just want something stable where we can save up for school and start making a future for ourselves. :/

 

[kettle]

All I am saying is you are not ready to commit to marriage, filing an application to sponsor him under common-law seems fraudulent to me. Others may disagree.

Electrical training is better in the UK. IMO, and he could be finished in two years. I don't believe he will get a study permit in Canada that allows him to apprentice as an electrician, its either a work visa or a study visa, but not both (which is required for our system)

I can understand the appeal of applying common-law, it seems like the easiest and cheapest solution, but it wasn't designed to be either. You will be responsible for him even after the breakdown of your relationship (should that happen) it is quite a serious undertaking.

I can very much appreciate where you are coming from. It was devastating to think I'd have to be separated from my partner back in the early days when he had to renew his work visa annually. I was a mess from August until October while we waited for LMOs and the visas themselves.

 

[Polychromize]

Thanks everyone for your input - I'm just trying to gather as much clarification and information before submitting so that I don't waste time, money, or end up leaving a mark on my or his passport for any reason.

Just curious, if we were to apply for common-law sponsor outland, would I have to prove that I have a job to come back to in Canada if I was moving back in with my parents? I have a job in England and could show proof of income, but as for anything in Canada it would be starting from scratch.

Cheers everyone.