Common Law application while in Canada

[elfut]

Hi

We would like to gather some opinions and suggestions. We have been in a relationship for more than a year and my guy has been living with me in Canada, and has some stuff under our name.
What is the best was to apply him as my common law while he is still in Canada? He is still on a 6 month Visa and he is from Singapore.

1: To apply overseas application?
2: Apply within Canada and wait for 9-10months?

What is the best recommendation?

Thanks

Elfie

[ThirstyDeer]

There are advantages and disadvantages to each method.

The outside route is definitely quicker, but should an interview be required, it will have to take place in Singapore.  They won't accommodate the fact your partner is actually residing in Canada, and therefor have the interview there.  Also, when the PR visa is received, your partner would have to leave Canada and come back in to make the PR status active.  Also, he would need to extend his 6 month visa to accommodate the time required for the application to undergo the process.

For the inside route, it actually takes a few years to reach final-stage PR approval.  The 9-10 months (in best case situations) is for 1st stage approval, which is when a work permit would be issued too (if applied for one with the PR application).  Also, by sending in the application, the 6 month visa your partner has is automatically extended to accommodate the processing time till 1st stage approval is met, at which point he'd be able to stay in the country (provided final stage approval is denied).

In my case with my wife, we decided to do the outside route, even though she moved to Canada during the application process itself (when we mailed it in, she still lived in the UK, but moved to Canada a month before she was approved).  This was her timeline:

March 3 - Application sent to CIC-M
March 6 - Application received by CIC-M
April 1 - Application process started
April 2 - Approved for sponsorship
April 14 - Application process started at CHC London
May 22 - PPR and photos request by CHC London
June 30 - PR visa received from CHC London
July 15 - Wife became a PR at the Stewart, BC port of entry

Hopefully this helps you make a decision.

[RobsLuv]

I think Thirsty is a little "off" on the inland timeline . . . and, in my opinion, filing inland is best for your situation because your partner is from a non-visa-exempt country.  If you file inland, and include an Open Work Permit application and the required fees for that, in the same envelope with the inland PR ap, your partner does not have to apply separately to extend his status in Canada and has implied legal status until first stage approval is reached.  At that time he will automatically be issued the open work permit, which means he can take any job offered him.  The current timeline at CPC-Vegreville for first stage approval is 4-5 months, down from the 9-10 months it was a little over a year ago.  The second stage of the process can take anywhere from another 6 months to over a year - but he'd be able to stay in Canada with the work permit and pretty much have a life with you. 

I recommend to anybody who is from a non-visa-exempt country, in Canada with legal status . . . absolutely file an inland application.  That's exactly the situation they were designed to address.

[elfut]

Thank you for your inputs.

We would like to stress again if it is the best to APPLY IN CANADA since my other half common law is from Singapore (visa exempt country) and we have live in BC for more than 20 months and we have an apartment under our name, bank account, phone bills (text messages dated 2007 - present) etc. to prove our continous relationship since Feb 2007, hence, we are getting married but that would take some time to do that. It is hard not to have two people having a job and it would be nice if a an open work permit was given. We have used a lot of money for my common law to fly in and out of Canada after the 6 month visa expires. Kinda stressful when we have kids.

We should be applying the common law in Canada in August however, what other files do we need to submit? Open work permit and extension of visa?
Thanks again.



 

[RobsLuv]

Sorry - I think I was assuming Singapore was non-visa-exempt . . . but you're right, it's visa exempt.  If you don't want to pay to have him fly back and forth - you should just be applying from within Canada to extend his temporary status.  I'm certain he is getting a stamp in his passport every time he enters Canada - that's usually sufficient to extend his status . . . especially if you have a PR ap in process.

If you file inland: you won't have the right of appeal if something goes wrong, BUT you will be able to include an open work permit application with the PR ap that enables him to have legal status in Canada until a decision is made on the first stage of approval . . . and then he'll be issued the open work permit and he can go to work.  The drawback to all of this is that it could take up to 18 months for him to finally have his permanent status.  If you file outland, he can still stay in Canada - renewing his temporary status by filing the extension application each time before his status expires- and he will benefit from a faster timeline to permanent status (Singapore is finalizing aps in 3-7 months).  You preserve your right to appeal the decision if something goes wrong and the ap is refused but, if an interview is required (most spousal sponsorship interviews are waived, but common-law can be a bit more problematic), he would have to attend the interview in Singapore.  Common-law is more problematic because you not only have the burden of proof that yours is a genuine relationship that wasn't entered into just to bring the foreign national to Canada, but you have to prove that you have lived in a qualifying relationship for at least one year.  If you have really strong proof (and it sounds like you do with kids together and an apartment lease, etc.), you might well avoid an interview. 

It's all a personal choice - advantages and disadvantages to both - but know that you have both options.   

[elfut]

Thank you for the fruitful information.

I would like to know where I could find him the open work permit form?

[elfut]

where do we mail it to? Missiauga or Vegreville, Alberta?

we are confused...

http://www.cic.gc.ca/english/information/applications/guides/5289E7.asp

could someone link us the CIC website for my partner to apply sponsorship within Canada.
http://www.cic.gc.ca/english/information/applications/spouse.asp < - is this the link?

Thanks