WHEN and WHERE should we apply for common-law spousal sponorship VISA?

[Apricity]

I am a Canadian Citizen sponsoring my common-law partner (he is Australian). I am currently in Canada, but headed back to Aus early January on my 2nd Working Holiday Visa. He has already used his working holiday Visa's (2 years) for Canada. We are in the process of filling out forms and researching... and have more than a few questions.

At what point in time should I get a lawyer to look over our application, and should this be a Canadian Immigration Lawyer?

How/Where should we apply? From what I've read, electronically is best. Will we be able to apply for Outland while I am in Australia with him?

Inland or Outland? Because he can only now come to Canada on a visitor visa, does it even make sense to apply Inland (as I assume he is not eligible to get an OWP. Or if he gets rejected he has to stay here and not work?)

We would rather be in Canada as of June next year but are unsure if this is possible. Can he be in Canada when it is approved if he applies Outland? What if they want an interview - does he have to fly to Australia for that if he is in Canada on a Visitor Visa? Would we have to do an interview together?

Obviously I'm new to this.... very confused and not ready to pay for a lawyer just yet!

Any and all help VERY much appreciated. Cheers

 

[np08]

Your title is confusing as you're asking about a visa, but you're actually interested in PR sponsorship which is not a visa. It's permanent resident status.

At what point in time should I get a lawyer to look over our application, and should this be a Canadian Immigration Lawyer?

The vast majority of couples don't need any lawyers or consultants. It's usually just a waste of several thousand dollars. Do you have any special issues, complexities, or big red flags in your relationship? If not, a Canadian and an Australian should be able to easily apply on their own without much issue. Most people do it alone.

How/Where should we apply? From what I've read, electronically is best. Will we be able to apply for Outland while I am in Australia with him?

You cannot apply online. Application packages must be sent by normal post. Later on you get to link your application to an online account, follow its progress there and upload any additional documents they might ask for online.

Inland or Outland? Because he can only now come to Canada on a visitor visa, does it even make sense to apply Inland (as I assume he is not eligible to get an OWP. Or if he gets rejected he has to stay here and not work?)

He could come to Canada as a tourist and apply inland. With your PR application you can also submit an OWP application for him which he would get within four months of applying. Visitors can apply inland as long as they can get to Canada first (this can be problematic for people who aren't visa exempt as they may be denied visitor visas) and they can work in Canada while waiting for the PR process to complete.

We would rather be in Canada as of June next year but are unsure if this is possible. Can he be in Canada when it is approved if he applies Outland? What if they want an interview - does he have to fly to Australia for that if he is in Canada on a Visitor Visa? Would we have to do an interview together?

The processing times currently average 12 months.

He can be in Canada if you do an outland sponsorship as a tourist, but if an interview is requested he'll have to go back to Australia to do it. Also, once everything is complete, they will send him his COPR (a document he needs to land) also to Australia.

Obviously I'm new to this.... very confused and not ready to pay for a lawyer just yet!

No need for lawyers at all. Take a moment, do some research. You need to grasp the basics obviously as even your initial post is (understandably) full of misconceptions. Read the guide (https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html), look around the forum. Then come back and ask for further advice and any questions you may have. The forum is extremely active and will be able to deal with the vast majority of issues or possible questions out there.

 

[Apricity]

Your title is confusing as you're asking about a visa, but you're actually interested in PR sponsorship which is not a visa. It's permanent resident status.


The vast majority of couples don't need any lawyers or consultants. It's usually just a waste of several thousand dollars. Do you have any special issues, complexities, or big red flags in your relationship? If not, a Canadian and an Australian should be able to easily apply on their own without much issue. Most people do it alone.


You cannot apply online. Application packages must be sent by normal post. Later on you get to link your application to an online account, follow its progress there and upload any additional documents they might ask for online.


He could come to Canada as a tourist and apply inland. With your PR application you can also submit an OWP application for him which he would get within four months of applying. Visitors can apply inland as long as they can get to Canada first (this can be problematic for people who aren't visa exempt as they may be denied visitor visas) and they can work in Canada while waiting for the PR process to complete.



The processing times currently average 12 months.

He can be in Canada if you do an outland sponsorship as a tourist, but if an interview is requested he'll have to go back to Australia to do it. Also, once everything is complete, they will send him his COPR (a document he needs to land) also to Australia.



No need for lawyers at all. Take a moment, do some research. You need to grasp the basics obviously as even your initial post is (understandably) full of misconceptions. Read the guide (https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html), look around the forum. Then come back and ask for further advice and any questions you may have. The forum is extremely active and will be able to deal with the vast majority of issues or possible questions out there.

Thank you, I really appreciate your time to answer my silly, novice questions. Even just taking a look back over all of my own documents I could of answered these all myself... it's just a lot to wrap your head around!

See you around.

Cheers

 

[np08]

Thank you, I really appreciate your time to answer my silly, novice questions. Even just taking a look back over all of my own documents I could of answered these all myself... it's just a lot to wrap your head around!

See you around.

Cheers

No problem! That's what the forum is for and you will find a ton of information here once you know what to look for.

I know it can be overwhelming at the beginning so break it up into parts by focusing on different sections of the guide as they appear. Basic definitions (common law vs spousal, inland vs outland, etc), eligibility requirements, document requirements, how the process goes, how a relationship is proven to be genuine, etc.

Good luck!