Common Law questions

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Subject: Common Law questions
  Hi there,

A few questions wondering if anyone can help to explain this a bit better.
My common law and I are wanting to move to Canada around March 2009. I am originally from Canada and am working in the UK on a work permit, where he is a UK citizen. We have looked at lots of options and common law seems the best for us.
My question is this: are we able to move to canada in March and then apply from there? He obviously wouldnt be able to work but would be in the country as a visitor I assume until the application is processed. Any idea how long it is (ball park figure) before he can work?
We dont mind doing that as long as isnt some horrendous waiting time till he can work such as over a year.

But having said that we also don´t really want to apply while I am in Canada and he is in the UK as being separated for a year or whatever scary processing time it takes!

Ideally we´d like whatever allows us to be separated the least amount of time and have him working as fast as possible. We are not in a rush to do the complete application with perm. residence, just more want him to be able to be working so that he doesnt go crackers sitting at home all day waiting!

Any help is really appreciated!

[03-05-2008,15:09]
[**.105.71.147]
Jenn
(in reply to: Common Law questions)
how long have you been living together so far?

if you are a Canadian citizen (not a PR) you have the option to apply to sponsor your common law partner while you are both in the UK. What CIC will be looking for in addition to all the genuine relationship stuff is your explicit intention to return to Canada - which you suggest is the plan anyway. They may want some specifics but that is not the end of the world.

you may be looking at a year before he would be issued a work permit based on your sponsorship approval.

another option... and people are doing it - he is in Canada with you but you file as if he is still living in the UK. That would require a UK address which I am sure you could work out. He may have to go home for an interview or may get barred from re-entering the country until after everything is finished but the entire process is faster, you have the option to appeal and for at least some of the process you can be together.

[03-05-2008,15:16]
[**.155.160.37]
Sharon
(in reply to: Common Law questions)
Hi there,

we were thinking of coming to canada with me next spring but filing as if he is in the UK - mainly because we heard that the application wait time is a lot shorter! We´ve been together a while but only started living together in February, which is why we have to wait until next spring to file an application. But at least we can spend this year filing away and accumulating evidence.

At this point I think the best thing to do is build up at least 12 months of evidence and then file through the UK but be in Canada. its funny with my job because I am a teacher I can only leave at certain points during the year. So we were thinking of applying at the end of Feb when the 12 months has passed, staying here until the end of my work term (start of april) and then moving to Canada and waiting out the rest of the application.
Is that allowed?
I have read on some other sites that some people get their common law sponsorship within 4-6 months which wouldnt be too bad.

Another thought - he works as a graphic designer here in London and does the occasional freelance job from home. Would he be able to keep up those freelance jobs from the UK while we wait? That way he´d have some random income coming in from the UK while we wait it out.

Thanks in advance

[03-05-2008,16:49]
[**.105.71.147]
Jenn
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