Which category to apply for PR?

[LT1013]

Hi Everyone, long time reader, first time poster!

I'm getting ready to apply for permanent residency status finally and am very excited!

I need some input under what class to apply for PR under.

I'm a natural born Citizen from the USA, and I've lived with my Canadian fiancee in a common law relationship starting June 2011 in British Columbia.

In Sepetmber 2011 to June 2013, I was under a study visa, where I completed my Bachelor's degree. I was offered a permanent NOC A level job (Software Development) and have worked under the 3-year Post Graduation Work Permit since August 2013, which expires in August 2016..

Now, as I'm approaching 1 year to my employment and with the family class taking about 2 years to fully complete, I was wondering if I could get some input as to under which class I should apply for PR.

I understand that the Canadian Experience class has had some major changes, and I'd be at the benefit of the 8,000 application cap, however I think this won't pose a problem. I also know if I apply under this class, I'd have to take an English test...even as an American.

I fully support my fiancee through my job as she is unemployed with no college education. Between the both of us we have no children or dependants. I understand that this is not an issue for spousal applications during the family class. I have plenty of documentation and testimony from family members if nessecary to validate our relationship; this shoudn't be an issue. We've lived together for 3 years now as common law, have filed taxes together as well for 2012 and 2013; I claimed my fiancee for the spousal deduction as well. We have our Notice of Assessments etc..

Basically, I'm wanting to make sure that I'm not in a situation if I apply under family class and if the process gets delayed further I won't be screwed over by applying for a new Work Visa before my PGWP expires (it's another 2 years, but I'd rather be safe than sorry.) and having to potentially apply for an LMO, even though at that point I'll have been with my company for 3 years, I don't know the full rules under NAFTA either. I already own a car and some expensive personal belongings so this would be a big hardship.

So, with that said, which would probably be the safest path for me to apply under? If I apply under family, I understand I could have done it months or even years ago, but I never had the money; but I can do it immediately. If I apply under Canada Experience, I have to wait a month and potentially take an english test, but at the chance of getting acceptance faster.

Thanks for your input!

 

[LT1013]

Bump, it's about that time for me to fill out the application, unfortunately I got no responses here, still would like some input from anyone experienced!

I should note that my sponsor does not currently work, even though I make more than enough to support us both.

 

[scylla]

Safest is CEC if you want to make sure you keep working. This allows you to apply for a Bridging Open Work Permit once your PGWP is close to expiry.

 

[Laura22]

Hi LT1013. I'm no expert, but I understand that to sponsor someone the sponsor must prove they can financially support the applicant. It doesn't sound as though your fiancée would meet this condition?

When you sponsor one of these relatives to become permanent residents of Canada, you must support them financially. This means you have to meet certain income guidelines.

If you have sponsored relatives to come to Canada in the past, and they have later asked the government for financial help, you may not be allowed to sponsor another person. Sponsorship is a big commitment, so you must take it seriously.

To be a sponsor you must:

agree in writing to give financial support to your relative, if they need it
for a spouse or partner, this lasts for three years from the date they become a permanent resident, and

 

[scylla]

Hi LT1013. I'm no expert, but I understand that to sponsor someone the sponsor must prove they can financially support the applicant. It doesn't sound as though your fiancée would meet this condition?

When you sponsor one of these relatives to become permanent residents of Canada, you must support them financially. This means you have to meet certain income guidelines.

If you have sponsored relatives to come to Canada in the past, and they have later asked the government for financial help, you may not be allowed to sponsor another person. Sponsorship is a big commitment, so you must take it seriously.

To be a sponsor you must:

agree in writing to give financial support to your relative, if they need it
for a spouse or partner, this lasts for three years from the date they become a permanent resident, and

There is no income requirement to sponsor a spouse. You just can't be bankrupt or on social assistance. There are plently of people on this forum who have successfully sponsored a spouse while unemployed.

 

[Laura22]

Okay man, like I said - no expert. Just tying to help the guy out.

 

[LT1013]

Safest is CEC if you want to make sure you keep working. This allows you to apply for a Bridging Open Work Permit once your PGWP is close to expiry.

I also understand after Stage 1 of Spousal I would also have implied status and that I would file for an Open Work Permit with my PR application. It seems like the information is varied even on the CIC's website. Do you know any information about that?

There is no income requirement to sponsor a spouse. You just can't be bankrupt or on social assistance. There are plently of people on this forum who have successfully sponsored a spouse while unemployed.

From what I understand my partner would need an Option C form. Would it be a good idea to also provide my own income, employment contract, paystubs, etc?

 

[scylla]

I also understand after Stage 1 of Spousal I would also have implied status and that I would file for an Open Work Permit with my PR application. It seems like the information is varied even on the CIC's website. Do you know any information about that?

You will only qualify for an open work permit if you submit an inland spousal sponsorship application. First stage approval for inland sponsorship applications is currently taking 12 months to complete. For US citizens, it almost never makes sense to apply inland. Right now the entire outland process is only taking 4-5 months for some applications. So outland spousal sponsorship would certainly be another way to go (although it comes with no open work permit). Whatever you do don't go inland (even if you're attracted to the OWP). Pretty much every American on this forum who goes inland ends up regretting it big time.

 

[canuck_in_uk]

So, with that said, which would probably be the safest path for me to apply under? If I apply under family, I understand I could have done it months or even years ago, but I never had the money; but I can do it immediately. If I apply under Canada Experience, I have to wait a month and potentially take an english test, but at the chance of getting acceptance faster.

I strongly suggest you apply Family Class outland through Ottawa. As scylla said above, apps are going through in only a few months right now.

Have a look at the Ottawa thread http://www.canadavisa.com/canada-immigration-discussion-board/cppottawa-t118769.5715.html.

 

[LT1013]

I strongly suggest you apply Family Class outland through Ottawa. As scylla said above, apps are going through in only a few months right now.

Have a look at the Ottawa thread

Sounds like a good idea, it does seem like less time. I guess I can always apply under CEC if something goes wrong, I still have 23 months left on my work permit.

Even if I send the application outbound, will they application materials to my Canadian address? Also, is the fact we are living together still factored in to the merit of the application? Additionally, if they request my passport whilst I'm in Canada, is that entirely safe?

Edit: I also checked that Ottawa month processing time currently says 14 months..I guess this actually isn't an accurate representation?

Double Edit: I'm assuming if I do outbound I'll need to send my Medical Exam, FBI File/Police Certificate, etc as part of the initial application package?

 

[canuck_in_uk]

Even if I send the application outbound, will they application materials to my Canadian address? Also, is the fact we are living together still factored in to the merit of the application? Additionally, if they request my passport whilst I'm in Canada, is that entirely safe?

Edit: I also checked that Ottawa month processing time currently says 14 months..I guess this actually isn't an accurate representation?

Double Edit: I'm assuming if I do outbound I'll need to send my Medical Exam, FBI File/Police Certificate, etc as part of the initial application package?

Yes, you can use your Canadian address and any correspondence will be sent there. The entire merit of the app is the fact that you are common-law relationship. You are visa-exempt, so they will not request your passport at any point.

It is a common misconception that the posted processing times are averages. They aren't. As it says at the top of the webpage, the times are how long it took a VO to process 80% of applications. If 79% of apps were done in 6 months but that last 1% took 14 months, the posted time will still be 14 months.

Yes, you will need to submit everything with the app. PCCs must be received by CIC within 3 months of being issued. The medical expires after a year, so try not to do it too long before actually submitting the app.

 

[LT1013]

Yes, you can use your Canadian address and any correspondence will be sent there. The entire merit of the app is the fact that you are common-law relationship. You are visa-exempt, so they will not request your passport at any point.

It is a common misconception that the posted processing times are averages. They aren't. As it says at the top of the webpage, the times are how long it took a VO to process 80% of applications. If 79% of apps were done in 6 months but that last 1% took 14 months, the posted time will still be 14 months.

Yes, you will need to submit everything with the app. PCCs must be received by CIC within 3 months of being issued. The medical expires after a year, so try not to do it too long before actually submitting the app.

Thanks you so much for the helpful insight. I'm just waiting for my PCC from the FBI to be issued and I'll be ready to submit my application!

 

[canuck_in_uk]

Thanks you so much for the helpful insight. I'm just waiting for my PCC from the FBI to be issued and I'll be ready to submit my application!

You're welcome, good luck!