I'm coming to the end of a 1 year Canadian working holiday visa and I have a few questions regarding the PR application for anyone gracious enough to donate a little of their time.
1. My girlfriend is a Canadian citizen and we're proposing that she sponsor me as a common law partner in the family class for PR. With regard to common law, we first lived together in Canada for 6 weeks whilst I looked for work. Not finding any companies willing to sponsor me, I returned to the UK, got onto BUNAC's working holiday visa programme and came back to Canada. I was in the UK for two months as required by the application. Over a year has passed since that first visit to Canada and I'm wondering if that counts towards the 12 months cohabitation required to qualify for common law. If not then I will have to wait until my full consecutive year is up. For proof of common law, both our names are on the rental agreement, bills and we share a bank account. Does the forum consider that sufficient?
The six weeks might count, but I wouldn't risk it. It's too subjective - and you don't want the application refused on such a simple technicality. Believe me, they won't give an inch in your favour. Best to start the qualification period when you arrived on your BUNAC visa. Yes, the rental agreement, bills and bank account are good evidence of common-law qualification. But that's just proof of that. You will still need to be able to demonstrate the development of your relationship, communication between you while you were apart, etc., to show that this relationship is "genuine" and not just for the purpose of facilitating your permanent status in Canada.
2. We're intending to pursue my PR via the family class sponsorship based on our common law relationship. Just before my visa expires, we'll get the common law declaration and fly to the UK where I'll get any necessary documentation for the application (police check/medical etc.). We'll then return to Canada (me on tourist visa) and immediately apply for an outland PR application through Mississauga. Whilst entering Canada, my girlfriend will 'vouch' for me to obtain a visitor record which I believe will allow me to extend my tourist visa if necessary. If the forum thinks it helpful for immigration purposes for me to purchase a return ticket, I will. If I need to go for an interview in London I'm prepared to go, of course. Does anyone see any reason that this route might be problematic?
The biggest problem I see is that there is no guarantee you would be allowed re-entry to Canada. That would probably be the case if you were married, because it's very easy to flash a marriage licence and erase any doubt that you are a qualified PR applicant. But proving a common-law relationship at the border is a lot more subjective, and if the IO wants to be a pain, you could get turned around. Consider instead
applying to extend your status from within Canada (as a visitor) before the expiration of your BUNAC visa. If you get the application submitted to CIC (track the delivery) BEFORE your visa expires, you have implied status to remain in Canada until they make a decision. You could say that you want to spend some time traveling now that your work visa has expired - and as long as you can show that you've got enough money to support yourself without having to work illegally, they should give you at least a couple of months extension. All you need is enough time to get that common-law qualification intact so that you can file the PR ap. Once you have the PR ap in process, you'll file extension applications each time your visitor status is due to expire (just like the first time - received before expiration) until you finally have PR approval. Your new reason on subsequent extension aps will be your common-law qualification and a PR ap in process.
Also, you don't have to do the medical in the UK. Under this scenario you can absolutely still file an outland PR application, and you can get your medical done in Canada without a problem. Just let the DMP know that your results need to be sent to the Regional Medical Centre in London, not Ottawa. As far as criminal clearances - I don't come from the UK, but I'm pretty certain others have gotten their clearances from there by mail. I think this plan gives you the best options for being able to stay together, and probably will cost you a lot less, too. If an interview is required, you will have to attend in London - that would be the time for the two of you to travel there so that she's with you when you re-enter Canada. The Visitor Record you will be issued as a result of your request for an extension to your status from BUNAC to visitor will not be a re-entry permit, although some IOs look at it that way and allow you entry without all the customary hassle. Otherwise, you'd only be going through the motions that you already intended to do to get a VR - just a little later, and one trip to the UK instead of two . . . and maybe being able to avoid that altogether. Hope this helps.
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