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| Subject: questions about sponsoring a common law partner |
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I am a 22 year old Canadian citizen and I am wanting to sponsor my Danish boyfriend whome I met while I have been living in London the past year. I have many questions and have only been able to find the answers to a few of them online. I was hoping someone who had been through this could ansewer some questions of mine. Here are a few questions I have....
what are the downsides to applying from London?
is it better for us to go to canada and whil he is there on a visitors visa apply?
we have been together since May 30th 2004, can we not apply now as it has not been one year?
Will he be able to work full time?
If he has applied can he stay in canada until we get the result or will he have to leave the country?
Is the process easier and more gaurenteed if we get married, as we plan on doing that in the near futre anyways?
If anyone can help me out please let me know as Ive never been so confused with anything before!
thanks... Kate
[08-04-2005,17:19]
[**.163.5.165]
Kate |
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(in reply to: questions about sponsoring a common law partner)
Hi Hi,
The average processing time of Spouse/Common-law partner Sponsorship (Family Class) Applications through the London office is 5-11 months (this time includes the month needed by the Mississauga CPC to approve a sponsor). "In-Canada" Spouse/Common-law partner applications take 5-6 months for applicants to receive approval in principle and then anywhere from another 3 to 9+ months for permanent residence to be granted. With "In-Canada" applications, once approval in principle is received, the applicant is eligible to apply for an open work permit (cost: $150 CDN, takes roughly a month to receive once applied for) - before a work permit is issued the applicant is not allowed to work.
Pros of applying "Outside Canada" through London office: he´d be able to work up until he is issued a PR visa and able to land; if his application is denied you will have the option of appealing the decision to the Immigration and Refugee Board; faster processing.
Cons of applying "Outside Canada" through London office: you will have to convince the Mississauga CPC that you intend to return to Canada once your boyfriend is issued a PR visa; if the two of you are living in Canada (yes, you can apply "Outside Canada" even if you are living in the country) and an interview is require you will need to go to London for the interview.
Pros of applying "In-Canada": he would be able to work after roughly 6 months; you won´t have to prove your intention to return to Canada; the two of you will be together in Canada; under the new rules, I believe, he would be allowed to remain in Canada until they reach a decision on his application.
Cons of applying "In-Canada": he wouldn´t be able to work immediately; if the application is denied there is no right to appeal the decision and you will have to begin the process again from "Outside Canada"; slower processing.
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When applying as common-law partners, I believe you have to provide proof that you have lived together for the past year. Since you technically haven´t been, it may be better for you to wait until the end of May to apply. If the two of you intend to get married in the near future, if I were you I´d probably get married before applying. I´m not sure if it looks more favorable (or if the application is more likely to be accepted) if you are sponsoring a spouse compared to a common-law partner, however it is a bit easier to prove that you´re married rather then in a common-law relationship. Either way you will still have to provide proof that your relationship is genuine (and not for immigration purposes). Admittedly, whether or not you get married before or after applying is up to the two of you...being married may make it slightly easier, but that´s not a guarantee.
The whole immigration process is extremely confusing. My husband and I started seriously looking at immigration via sponsorship in January 2003 (8-9 months before we got married), we got married in October 2003, and we weren´t able to submit the Sponsorship/PR application until July 2004 (8-9 months AFTER we got married)...about 16-18 months in total to figure out what we needed to do, fill out the forms & gather supporting documents (i.e - proof of relationship, police clearances, proof of citizenship, etc), schedule/attend immigration medical exam, pay the fees, and finally send in the completed applications. Of course we were doing it all our own without any help anyone with working knowledge of Canadian immigration...so it did take us a while to sort through all the information and get our facts straight.
Hope this helps a little and that I was able to answer atleast some of your questions.
[09-04-2005,03:04]
[***.172.61.136]
Mel |
(in reply to: questions about sponsoring a common law partner)
Kate... Mel just gave you more and better advice than any immigration consultant! that is what is so great about this forum.
[09-04-2005,14:50]
[***.20.170.23]
sharon |
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