Urgent - should I change from outland to inland?

[centralpork]

I have all my materials ready for an application for common law sponsorship, outland. I'm a US citizen in Canada on a PGWP who has been living with my boyfriend (5 year relationship) for the past year, and working in Canada for the last two years.

We had consulted with a lawyer at the beginning of the process (just to get a sense of all the options and risks); he suggested I do inland for job security, but emphasized that there would be travel risks involved. After a lot of research and consideration, I decided to take the risk and do outland because I understood the processing times were moving faster and it was important for me to travel freely to see my family in the States. I also wanted to start fulfilling the "time in Canada" piece as early as possible.

After completing all the forms, getting my FBI clearance, doctor, etc. we connected with a different lawyer today for a final pulse check and to go through any final questions. This second lawyer told us that outland is a big risk, that he's seeing processing times of 1 year, that I shouldn't have issues with traveling while I have a valid PGWP. He also thinks that because my partner and I exchange finances via etransfers rather than joint bank accounts, it looks like we're roommates... we have a decently documented 5 year relationship, complete with affidavits about our relationship and common law status from his parents, our friend, photos from throughout the years and screen caps of conversations with each other, family, etc.

I'm now out hundreds of bucks on these legal fees and am second guessing everything, particularly the strength of our common law proof and whether we should do inland after all. Any thoughts on our case would be appreciated, thank you.

 

[Ponga]

What exactly is the "time in Canada" part that you're talking about?

Outland is still substantially faster for the overwhelming majority of U.S. citizens, as long as it's a pretty straightforward application. Most are completing the entire process in ~ 6 months.

 

[centralpork]

I meant proof of time in Canada to fulfill PR requirements, the 2/5 yrs. My PGWP expires in March 2017 so I'm not sure if it's worth the risk now...

 

[Rob_TO]

We had consulted with a lawyer at the beginning of the process (just to get a sense of all the options and risks); he suggested I do inland for job security,

What does applying inland or outland have anything to do with your job security? Perhaps he means the OWP you get with an inland app?

An outland PR app should be done before your PGWP expires, but no guarantee.

This second lawyer told us that outland is a big risk, that he's seeing processing times of 1 year,

This lawyer seems out of touch. Most US applicants are getting processed in under 6 months these days.

He also thinks that because my partner and I exchange finances via etransfers rather than joint bank accounts, it looks like we're roommates... we have a decently documented 5 year relationship, complete with affidavits about our relationship and common law status from his parents, our friend, photos from throughout the years and screen caps of conversations with each other, family, etc.

What actual proofs do you have of cohabitation? i.e. joint lease/rent agreement, joint accounts showing same address, mail to each of you going to same address, insurance docs with each other as beneficiary, changing from single to common-law with CRA or for work benefits, etc etc.

Testimonials, photos and money transfers are just supporting items, they don't actually prove you live together.

 

[Rob_TO]

I meant proof of time in Canada to fulfill PR requirements, the 2/5 yrs. My PGWP expires in March 2017 so I'm not sure if it's worth the risk now...

Time spent before getting PR status is completely irrelevant.

The 2/5 years residency obligation only starts AFTER you become a PR.

 

[Ponga]

Testimonials, photos and money transfers are just supporting items, they don't actually prove you live together.

The required Statutory Declaration letters (2 needed for Common-Law) can, and should, include the fact that the author knows that the couple is cohabiting. While certainly not as solid as having a joint lease or tenant agreement, it's better than nothing.

 

[centralpork]

We lived in two places together. The first was a nightmare apartment, initially just mine that had no lease or english-speaking landlord, so I don't have proof of that time together except: signed affidavit from his parents who helped with the move as well as a friend, proof of address change with employers on his end, mover's receipt in my partner's name. AFter that, we have a joint lease and shared renter's insurance.

Yes, I meant 2/5 years after PR - I'd like to fulfill this ASAP so I'll have the flexibility to do some travel/work abroad down the road.

 

[Rob_TO]

Yes, I meant 2/5 years after PR - I'd like to fulfill this ASAP so I'll have the flexibility to do some travel/work abroad down the road.

This is a rolling 2 years out of any 5. So after becoming PR, theoretically one could leave immediately and live in another country for up to 3 years before they are in violation of the residency obligation. Or if a PR is living with the Canadian citizen spouse/common-law partner, they can live outside Canada forever and still satisfy the RO.

Then there is the "Conditional PR" status you will probably get, which means you must live in the same house as your sponsor for first 2 years of being a PR. Of course this could be anywhere in the world as long as you're together.

 

[centralpork]

This is a rolling 2 years out of any 5. So after becoming PR, theoretically one could leave immediately and live in another country for up to 3 years before they are in violation of the residency obligation. Or if a PR is living with the Canadian citizen spouse/common-law partner, they can live outside Canada forever and still satisfy the RO.

Then there is the "Conditional PR" status you will probably get, which means you must live in the same house as your sponsor for first 2 years of being a PR. Of course this could be anywhere in the world as long as you're together.

This is very helpful and much more clear than what the lawyers I spoke to described. For some reason, I didn't think the conditional status would apply to us since we've been in a relationship for 5 yrs.

On the outland/inland piece, I'm trying to understand if the <6 month processing times is the trend or norm - the lawyer I spoke to today said he was seeing 1 year processing times, the other lawyer said 6 months, online I'm seeing everything between 2 and 8 for Americans with completed applications (medical and FBI). I know it varies, but it's hard to make a decision about this with such different reference points. Any thoughts on this?

 

[Rob_TO]

This is very helpful and much more clear than what the lawyers I spoke to described. For some reason, I didn't think the conditional status would apply to us since we've been in a relationship for 5 yrs.

The length of relationship in general is irrelevant. You would need to be in an official status common-law relationship for 2 years, meaning 3 years of living together (1 year to qualify and then 2 years as common-law status) BEFORE you submit the application.

On the outland/inland piece, I'm trying to understand if the <6 month processing times is the trend or norm - the lawyer I spoke to today said he was seeing 1 year processing times, the other lawyer said 6 months, online I'm seeing everything between 2 and 8 for Americans with completed applications (medical and FBI). I know it varies, but it's hard to make a decision about this with such different reference points. Any thoughts on this?

Better to check the CPC-Ottawa thread for US applicant's latest experiences for processing time.

 

[profiler]

If you are living inland together, the application will take a while to process. You are entitled to apply for an open work permit (not that it's an issue here, but you are entitled) and if you were living together during that time, you have plenty of evidence to support your claim. I did have an immigration lawyer tell me that they do consider the time you are waiting as well.

$0.05

 

[canuck_in_uk]

On the outland/inland piece, I'm trying to understand if the <6 month processing times is the trend or norm - the lawyer I spoke to today said he was seeing 1 year processing times, the other lawyer said 6 months, online I'm seeing everything between 2 and 8 for Americans with completed applications (medical and FBI). I know it varies, but it's hard to make a decision about this with such different reference points. Any thoughts on this?

The only reference points to compare are ~6 months for outland vs. up to TWO YEARS for inland.

There is no question which is the better app for an American. Apply outland.

 

[StormForce]

If you've sufficient evidence then do Outland cause it is faster. Inland is slower but you can work