Which type of Spousal sponsorship

[tt777]

My boyfriend is Canadian and we have been together nearly 2 and half years. But have known each other 16 years and dated back when we first met. I am English and work in the UK and will continue to work out of the UK even after gaining Canadian Residency. I live with him in Canada for between 7 and 21 days a month when am not working in the UK. Each time I enter Canada I list my address as my UK address (I am a UK resident for tax purposes with work). I am however on our lease in Canada, have a Canadian bank account and am on a number of bills for our house. Do I count as living with him and am therefore a Common Law partner and can apply on this basis from within Canada as I only leave Canada to work or should I apply as Conjugal partner based on the fact I can't live in Canada full time due to my job in the UK? Any advice much appreciated

 

[canadianwoman]

They won't give you a PR visa if they know you will continue to work in the UK. For a PR visa, you have to intend to come live in Canada.

If you spend more than half your time with him every month, then they might consider you his common-law partner. I say 'might'.

When you apply, inland means you have to be in Canada and stay in Canada. The application is sent to Vegreville. Flying back and forth for work might not work - it is true UK nationals don't need a visa, but at some point the border agent might decide to not let you back in, in which case your inland application is over.
Outland means the application will be processed in London, but the applicant can be visiting in Canada during processing, or stay outside Canada the whole time. In your case, an outland application makes more sense, since you will be coming in and out of Canada during processing. Outland is also usually faster, and you can appeal a refusal.

Conjugal won't work. For conjugal, you need a reason you two can't marry or live together for a year. Not wanting to live together because of a job is not considered an adequate reason by CIC.

Why do you want a PR visa right now? Based on the description of your life, it doesn't seem you need one. Also based on this description, I am afraid your application would be refused because you can't prove you will be living in Canada. Maybe give us more info about exactly how many days you would be expecting to be in the UK per month if you did get a PR visa.

 

[herewecome]

Agree with the above. Also being a Canadian permanent resident which you will become once you land with your PR will most likely impact your tax and status as a British resident.

What do you want a PR visa for if you don't intend to become a permanent resident?

 

[Rob_TO]

I live with him in Canada for between 7 and 21 days a month when am not working in the UK. Each time I enter Canada I list my address as my UK address (I am a UK resident for tax purposes with work). I am however on our lease in Canada, have a Canadian bank account and am on a number of bills for our house. Do I count as living with him and am therefore a Common Law partner

Here is the definition of common-law you must satisfy: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs
and set up their household together in one dwelling. To be considered common-law partners, they
must have cohabited for at least one year. This is the standard definition used across the federal
government. It means continuous cohabitation for one year, not intermittent cohabitation
adding up to one year. The continuous nature of the cohabitation is a universal understanding
based on case law.
While cohabitation means living together continuously, from time to time, one or the other partner
may have left the home for work or business travel, family obligations, and so on. The separation
must be temporary and short.

You have joint accounts, share household expenses and are on the lease... so technically that more than fulfills the criteria. However the section that says "left home for work from time to time" is open to interpretation. Due to the fact you leave so frequently for long durations of time, the VO could come to the conclusion that you are living in 2 places at once (not solely in Canada) and are actually "living" in the UK every time you go there for work, and therefore you wouldn't meet the "continuous" criteria. Or they could feel its for work only and the trips are "temporary and short" (again open to interpretation) and will allow it. Since the rule is not crystal clear... it really depends on what the VO thinks.

As mentioned already you would NOT qualify for conjugal, so no point in even trying this.

 

[tt777]

Thanks for replies. In regards to Residency, as far as I am concerned I live with my boyfriend and my friends and main life are in Canada therefore I do live there. I only return to England to work and am part time. I stay with family when in the UK and don't work in England but from there as am an Airline Pilot. So in 2012 I spent 174 nights in Canada, 107 nights in the UK between trips and 85 nights abroad with work. My nights in the UK mean that I still qualify as a UK tax resident and have been told by someone in my company who is Canadian, that he was a Canadian Resident but just paid tax in the UK. One of the reasons I would like PR status is that as my boyfriend and I are not married I am concerned that at some point I might be refused entry. I also feel being a PR might help with a mortgage as we are planning on buying a house together in the near future. If I apply for PR and am refused could this also affect my travelling to and from Canada? Thanks again for the help

 

[chipits]

I can't answer your immigration questions, but you really need to talk to a tax accountant, since you spent more than half the year in Canada and have residential ties here (your name on a lease) there is a good chance you ARE in fact a Canadian resident for tax purposes, and may have to deal with whatever tax treaties Canada and the UK have.

 

[AnaMaria]

It is very much subject to interpretation. But if your work is based in UK, and only "visit" Canada when you have time off, you may not qualify for common-law. What is important is not what you consider but what CIC officers perceive. I personally think it is a tough one.

If you continue your life like this and you are serious about the relationship, I think it is a good idea to apply for PR as even though you are from UK, you can be denied entry any time if you spend so much time in Canada and so often. You will have to consider PR obligation once you get it. If your PR application is denied, I think it would affect your ability to travel to Canada.

You need to file tax return in Canada as well. From CRA standpoint, not CIC, you are a resident. This does not mean you have to pay tax in 2 countries as UK and Canada have bi-lateral agreement, I believe.

 

[herewecome]

They are bilateral.

If marriage is on the cards in the near future, you may wish to consider applying then.