common law application

[marta cocchi]

I'm an italian citizen applying for a common law visa.
My canadian boyfriend will offer to be my sponsor and next week the lawyer who is helping me with my application will send all the documents required.

Since I started gathering the documents, two months ago, I told my lawyer that I need to go to Italy if my parents need me (my mom has been in hospital last summer, I'm an only child and I strongly feel the need to go there if she needs me) and I always go back for Christmas holidays. At first my lawyer said it would be no problem, but now he's saying that I can't leave Canada untile I get my PR.
Is it true?
What would happen if I went home for Christmas and come back in January 2016? Would they really send me back to Italy?
What if my mom was sick and I had to go back? Would the application still be valid?
How long does it usually takes for a common law visa to be processed?

Sorry about all the questions, I'm a bit upset by the news that I can't leave Canada for... well... I don't know how long.
Thank you so much for your time and help.

 

[Rob_TO]

I'm an italian citizen applying for a common law visa.
My canadian boyfriend will offer to be my sponsor and next week the lawyer who is helping me with my application will send all the documents required.

Since I started gathering the documents, two months ago, I told my lawyer that I need to go to Italy if my parents need me (my mom has been in hospital last summer, I'm an only child and I strongly feel the need to go there if she needs me) and I always go back for Christmas holidays. At first my lawyer said it would be no problem, but now he's saying that I can't leave Canada untile I get my PR.
Is it true?
What would happen if I went home for Christmas and come back in January 2016? Would they really send me back to Italy?
What if my mom was sick and I had to go back? Would the application still be valid?
How long does it usually takes for a common law visa to be processed?

Sorry about all the questions, I'm a bit upset by the news that I can't leave Canada for... well... I don't know how long.
Thank you so much for your time and help.

If you submit an INLAND application then you are supposed to stay in Canada during the duration of processing. With an inland app you are looking at 2 years to complete.

If you submit an OUTLAND application then you can come and go from Canada as you like during the process as a visitor. Most outland apps take around 1 year, sometimes less or more. Most people that are from visa-exempt countries find it's better to apply outland due to quicker processing times, ability to leave during processing with no risk, and can easily stay in Canada during the process.

Do you have ample proof of living together with your partner for 12 continuous months?

Oh and if your lawyer can't explain the basic inland vs outland choices to you and if you can or can't leave Canada, then he doesn't sound like a very good lawyer at all for immigration. This is super basic stuff.

 

[marta cocchi]

Thank you.
What would happen if I submit an inland application and then leave the country for a few weeks while I wait for a response? If I went to visit my family for a month around Christmas, for example? Would I be allowed to entry Canada?

 

[scylla]

Thank you.
What would happen if I submit an inland application and then leave the country for a few weeks while I wait for a response? If I went to visit my family for a month around Christmas, for example? Would I be allowed to entry Canada?

It's impossible for any of us to say if you will be allowed to re-enter Canada or not. That decision is up to the immigration officer you speak to when you arrive in Canada. You will likely be allowed into Canada - but there's always some chance (although small) that you won't be.

 

[Gemini020]

If the application hasn't been sent yet you could consider changing to outland. It might take longer (or shorter) and you won't be allowed to work while you're waiting but at least you can visit your family (or go on holiday outside Canada) without having to worry

 

[marta cocchi]

Thank you very much everyone.