Which of these solutions sound best?

[ukmike]

Please let me know which of these solutions sounds best or if there is another way:

1. I'm planning to move to Canada in July with no visa just as a visitor for 6 months (i will work for a UK based company remotely over the Internet). In that 6 months my girlfriend who is Canadian will sponsor me as a Common-law partner (we can prove we have lived together for 2 full years with bills, rental agreement, etc) which within Canada is processed a lot faster than the UK.

2. I'm planning to move to Canada in July but will apply for a Temporary Resident Visas (TRV) before i leave the UK and this will give me 6 months to live there (i will work for a UK based company remotely over the Internet). In that 6 months my girlfriend who is Canadian will sponsor me as a Common-law partner (we can prove we have lived together for 2 full years with bills, rental agreement, etc) which within Canada is processed a lot faster than the UK.

3. My girlfriend starts the sponsorship for me while we are in the UK (processing time looks like it can take 9 months) in 5 months I move to Canada as a visitor with no visa in the hope the sponsorship goes through?

Questions:
- Would i be able to just visit Canada for 6 months, passing through customs with no visa or any flight booked to leave?
- Would applying for an extention to a TRV be affected if i had a sponsorship application in?
- How easy is it to get an extention on a TRV, what reasons can you apply for this?
- If sponsorship had been started in the UK would i be able to visit canada or would they refuse as they wouldn't think i would leave?

Thank you so much for any help!

 

[RobsLuv]

First - and very important - let me just say that your assumption in Options 1 & 2 that a PR application processed within Canada is faster than applying through London is absolutely NOT accurate. Inland PR applications take 12-18 months to be finalized!! First stage approval of an inland ap - IF you have documented temporary status in Canada - happens in 6-7 months, but that doesn't give you PR status. All it gives you is the ability to stay in Canada, with your partner, with an open work permit. Unfortunately, though, you're essentially stuck in Canada for the duration because you are required to be resident, in Canada, with your sponsor in order to be approved. If you leave, there's always the risk you'd be refused re-entry and then your inland ap is forfeited. And inland applications have no appeal rights. Outland aps through the UK are actually processed relatively quickly. So, IMHO, Option 3 is your best bet. (Option 2 is not possible. You are from a visa-exempt country, so you can't apply for a TRV.)

If you and your partner can already prove that you've co-habitated for 2 years and are established common-law partners, she should be applying to sponsor you immediately via an outland application filed through Mississauga and processed in London. The sponsorship approval in Mississauga is currently taking about 24 days - processing through London is 3-9 months. If you provide a complete application upfront, with proofs of both your genuine relationship (not entered into just to facilitate your entry to Canada) and your common-law qualification (Read Sections 5.24-5.25 and 5.34-5.36 of the OP2 Processing Manual), and your medical exam proof and required criminal clearances, you can expect a decision at the shorter end of that timeline. If you can get the ap submitted in pretty short order, any required interview (which would be held at the Embassy in London) should happen prior to your anticipated departure date to Canada. You could even receive PR approval before your anticipated leave date!!

Because you're visa-exempt, if you aren't approved for PR before you want to leave for Canada, with an outland PR ap in process you're still able to visit. It's best if your partner accompanies you on your entry to Canada, "vouching" for you (see more info at this US2Canada link Be sure you read the info about Visitor Records.). It's possible you would be issued a VR that would authorize you to remain in Canada for a specific period of time. The advantage to a VR is that you can apply to extend it from within Canada. One hint: don't mention your intention to work for a UK based company remotely . . . even though it's allowed, you don't want to put that out there because it is possible you will be interviewed by an IO who doesn't know it's allowed, or who misunderstands or doesn't believe your intention - and then you're toast. And don't say that you're moving to Canada - you're visiting. Your partner should be carrying proof that she can support you, that you have a qualifying relationship (harder to prove for common-law as opposed to married couples), and that you have a PR ap in process. The best time for coming is after she has received her PR sponsorship approval letter. Also, if she is in the UK with you and applying from there (she can do this only if she is a Canadian citizen), she will need to include proof with the application of her intent to re-settle in Canada.

One other thing - if your partner and you are not currently living together, you will still qualify as common-law partners, as long as you can demonstrate that your separation has been temporary and "short". They talk about that in Section 5.36 of the manual.

 

[ukmike]

RobsLuv, Thank you for this information! I tried emailing the London, UK office but they replied with exactly what was on the cic website and i tried to call them but its just an automated version of the same information! Not very helpful for specific answers.

I just have a few more questions of you are willing to help:

1. "via an outland application filed through Mississauga and processed in London" I still need to look through the application forms but does this mean i simply send it to London, UK?

2. So we apply for the sponsorship, if that doesn't get processed in time i can still move to Canada in July (as a visitor) hoping to get this VR. My girlfriend is on a visa in the UK at the moment which means she has to leave in June before i can leave, will i still be able to get through customs if i was alone but have all the same information we would be sending for the Sponsorship? What if we get a no back from the sponsorship application, would i be able to visit canada?

3. As my girlfriend is in the UK at the moment she doesn't have a job in Canada, would she still be able to sponsor me with no income (this would change as soon as she got back to Canada?)And also with that how much proof of common-law do we need to provide? e.g. We have a joint bank account, Rental agreement, Telephone bills, Council tax bills, we can get letters stating we will be living with her parents and letters from both sets of parents for financial support, i am police checked for work so can include that. (should i get a medical up front and send that with the application?) Would this be enough?

4. "Also, if she is in the UK with you and applying from there (she can do this only if she is a Canadian citizen), she will need to include proof with the application of her intent to re-settle in Canada." Would this just be her current visa which says she has to leave in June?

Thank you once again!

 

[frolic]

Best thing that anyone can do is download all the guides and forms and read them all. Even try to fill in much of it as you go. Since you are trying to decide which way to do things you should read both routes perhaps.

1. You get both the sponsorship and pr application ready and everything goes to Mississauga. Once sponsorship is approved they send the PR app to London for you.

2. Be VERY careful how you think here. Border guards will refuse you entry if you "MOVE" to Canada in July (as a visitor). You can't move to Canada on a temp visa...you can only visit. If they think you are trying to stay they will refuse you entry.

3. Sposes are exempt from income requirements. I will leave the common-law proof question alone however because that was not the route I took. You might want to start calling her your "wife" though. Haha. Police check is only good for 3 months I believe...so you would need a new one to send in with the app. Medical is done ahead of time as well.

4. Proof of intent to re-settle in Canada would be arranging things IN Canada. A visa for a foreign country expiring is nothing to Canada.

 

[ukmike]

Thanks frolic, I will read through all the guides tonight and start filling in application forms!

RE #2, as you said I do need to be careful here, when i said 'move' i did mean 'visit' and would leave before that ran out. What would re-assure border guards to let me into Canada if I was traveling alone? Would my sponsorship information help or make things worse if i hadn't heard back from first stage approval? And if i did get through how long would i be able to stay for?

RE #3, so i would need a medical and a new police check done just before we sent the application?

Any other advice or your own experiences on this would be appreciated, its a scary process, i've no idea why i thought it would be a walk in the park to get into Canada!

 

[frolic]

Once you read everything you should have a better idea of whats ahead and the procedure they expect you to follow.

2. Since you are from the U.K. I am not sure how that would work really since you dont need a visa to visit. For us, once we had sponsorship approved my wife applied for a temp visa to visit over Christmas. She had a job and our son at home to provide a good indication that she would be going back and not overstaying. They granted the visa so she was able to visit.

If you quit your job and pack all your belongings and show up in front of a border guard he will be suspicious that you are coming to stay before you have your PR. Sponsorship could help or hinder you...it can show you are following the rules and are not likely to overstay because it could hurt your PR app...or it could make them suspect you more and want to just move there NOW. If you wait til after the sponsor part is approved they will look on it more favourably. If you get in, you can stay for 6 months usually although they can shorten that if they want and you could extend it. And remember you could be asked for an interview...which would be in London. And when the PR visa is granted your passport has to be sent to London for that as well.

3. Yes check the forms but that is how it usually goes. Spouses do everything ahead of time and send everything in at once. Speeds things up.

Really to avoid the "sticky" issues of the visit and temp visa and all that...start NOW and get the application IN. If you get it in quick enough...you might have your PR in time for your move anyway.

For intent to move home get letters from her parents showing support to move home perhaps. Since you are common-law and really husband and wife now...maybe put each other as beneficiaries of insurance if you haven't already...it is another good thing to send as "proof" of the relationship I thought.

Good luck.

 

[mitamata]

One of the easiest to get indicators that you're not planning to stay in Canada longer than you're allowed to is a return plane ticket. Though it seems you don't know when you'll be going back, especially if you get an interview, that could alter your plans. But, you know, the option is out there

Whatever you two decide to do, good luck!

 

[ukmike]

Thank you, we all need as much luck as possible on this forum by the sounds of it! Yeah i could book a flight back for January 2010 (6 months after i plan to go there) but I've no idea how long they plan to let me stay and if that can be extended, if it would help i would gladly book something in advance?

We have started filling out part 1 of the sponsorship application with the aim to get it all sent off in the next few weeks, but wow this is complicated! It makes it even more confusing that she is currently in the UK on a work/holiday visa so when it asks for address we are sort of stuck as to what to write, and when it asks, are you a permanent resident or a Canadian citizen i guess she is classed as just a citizen but do you put down both? Even simple sections that don't apply it says write "Not Applicable" but where do you write it, there isn't space on some questions?! (I just don't want to do it wrong).

Is it worth seeking advice from someone (a lawyer or similar) who may be familiar with these forms to help? Is there anyone you can just call to ask how a question should be answered (i mentioned before i called the London UK office but didn't hear any option to actually speak to anyone)? And if not to either of those and we get really stuck on some questions would it be too much to post here asking how you guys recommend we answer the questions? :S

Thanks!

 

[RobsLuv]

If she is a Canadian citizen she is NOT a permanent resident. A permanent resident is a landed immigrant, like you will be. As far as address, if she is in the UK on a working holiday visa she should use her address in the UK . . . and provide proof with the application of her intent to return to Canada permanently.

As far as "non-applicable", you can write "n/a" anywhere that it makes sense that it's for that section of the ap. And we're here to answer those exact questions - what do I put for Q#22 on form IMM (whatever). Pretty much all of us have filled out our own forms - once you get used to them, they're not that hard. It's just overwhelming at first. You'll get it.

 

[ukmike]

ok great, I am going to try and book a medical tomorrow (which is £260!) and find out when my police check was last done (if not within 3 months ill apply for another at £35), and we are going to gather other evidence over the weekend and fill out the forms some more so I'm sure i will be back on asking more stupid questions soon enough

Here are a few now:

- We are going to get letters from both sets of parents stating things such as financial support and to assist our answers on the PR application. Would these letters need to be originals with a signature, or can it be faxed? or printed with no signature? or doesn't it really matter if it has contact details so they could double check its real?

- If everything went perfectly and passed the first stage, got the PR and were living in Canada... would i be able to 'visit' the UK easily just as a holiday? Would i also be able to leave and return to the UK if i wanted to (not that it's something I see myself doing)?

Once again, thank you so much for your advice.

 

[frolic]

260 pounds for a medical? Does it come with a happy ending?

And make sure you follow all the instructions regarding the medical. There are designated medical practitioners and things you need to bring with you for the appointment.

Police check must not be older than 3 months old when CIC gets it in Mississauga so keep that in mind. It might not be 3 months old now, but might be by the time you have everything ready to apply.

My opinion is that the better you can make all your paperwork the faster things will get provided. So if you can get originals and signatures do so.

If everything went perfectly and you got the PR you are well past the first stage. Did you mean Temp visa? Anyway...you dont give up your UK citizenship by becoming a PR so you can return there anytime.

 

[ukmike]

We are a little confused as to what 'exclusively outside of canada' means and what to put.

Application To Sponsor And Undertaking:
For A Number 5 we put our UK address, then for E Number 4 we have put 'Yes' and F is NA - is that correct?

Also

Sponsorship Evaluation:
Q4 - We have entered 1 for 5(A) and 0 for the rest which is a total of 2. Does that mean 5(B)i to 6(B) is Not Applicable?


Thank you!