Common Law Sponsorship - Interview location

[potential_resident]

Hi All,

Question: My sponsor (Canadian citizen) resides in Canada along with myself (New Zealand Citizen). I will be leaving to Australia to stay there for about 12 months until my permanent residency has been granted in 12 months time approximately.

If we get asked for an interview, will either of us have to fly to each other's country or will be the interview be conducted separately in our own countries being (Canada for my sponsor and Australia for myself).

Thanks All !!

 

[Carlaganda23]

Hi All,

Question: My sponsor (Canadian citizen) resides in Canada along with myself (New Zealand Citizen). I will be leaving to Australia to stay there for about 12 months until my permanent residency has been granted in 12 months time approximately.

If we get asked for an interview, will either of us have to fly to each other's country or will be the interview be conducted separately in our own countries being (Canada for my sponsor and Australia for myself).

Thanks All !!

Is your Common-Law partner coming with you to Australia? There might be an issue later on since there's a long interruption of cohabitation. As for your Permanent Residency Application, did you apply in Sydney? I think if they have a doubt in the relationship they will ask for an interview,but if you have strong evidence with your application, you should be fine.
Don't forget to update your address,since they will send your correspondence for your COPR(Confirmation of Permanent Residency)

 

[canuck_in_uk]

Hi All,

Question: My sponsor (Canadian citizen) resides in Canada along with myself (New Zealand Citizen). I will be leaving to Australia to stay there for about 12 months until my permanent residency has been granted in 12 months time approximately.

If we get asked for an interview, will either of us have to fly to each other's country or will be the interview be conducted separately in our own countries being (Canada for my sponsor and Australia for myself).

Thanks All !!

Hi

Provided you guys have a straightforward app with no red flags, there's pretty much no chance of being called for an interview.


I'm assuming you submitted your PR app through the Sydney, Australia office? The posted processing of 11 months is not an average; it's how long it took them to process 80% of applications. 50% of apps are done within 7 months. Sydney is actually one of the fastest VOs; several recent applicants have had their apps processed in 3-4 months, start to finish. Have a look at the Sydney thread http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-applications-through-sydney-australia-office-t46958.1500.html.

Keep that in mind if you are planning to stay in Australia for the full year. You will most likely need to land as a PR well before that year is up. Also, you and your partner will be subject to Condition 51, which requires you to live together for at least 2 years after you've landed. If you land and return to Australia for awhile while he stays in Canada, you guys will be breaking that condition. No one knows right now if or how CIC intends to enforce the condition, i.e. random house checks or just relying on reported cases, but it is something to think about.

 

[Rob_TO]

Hi All,

Question: My sponsor (Canadian citizen) resides in Canada along with myself (New Zealand Citizen). I will be leaving to Australia to stay there for about 12 months until my permanent residency has been granted in 12 months time approximately.

If we get asked for an interview, will either of us have to fly to each other's country or will be the interview be conducted separately in our own countries being (Canada for my sponsor and Australia for myself).

Thanks All !!

Interviews are only for the applicant, and are done based on the visa office processing the app. So if you applied through Sydney, then any potential interview would only be for you, and would only be done in Sydney. But as Canuck mentioned, vast majority of apps from Australia do not require interview.

As long as you have established common-law status, then it is fine to live in Australia while your sponsor stays in Canada. Just be ready to move back to Canada when your PR is approved.

 

[little_apple]

Are you even allowed to be apart from your common-law partner for such a long time? I thought you won't meet the requirements for common-law anymore and your PR application might be refused!?

 

[Rob_TO]

Are you even allowed to be apart from your common-law partner for such a long time? I thought you won't meet the requirements for common-law anymore and your PR application might be refused!?

Yes you are allowed. Establishing common-law and then having the sponsor live in Canada while applicant lives in their home country... is very common.

Read here for more: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?

 

[little_apple]

Yes you are allowed. Establishing common-law and then having the sponsor live in Canada while applicant lives in their home country... is very common.

Read here for more: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?

Yeah, I read this. Still... For Periods of time sounds less than a year. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists. I'm even afraid to go on a vacation without my common-law partner for more than a week

 

[Zarilenth]

Yeah, I read this. Still... For Periods of time sounds less than a year. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists. I'm even afraid to go on a vacation without my common-law partner for more than a week

If you applied as common law, you have to have cohabited for a year prior to sending in the application. Once you've submitted it, you no longer have to be living together to maintain common law status, as they understand some people have to wait in their home country during the application process.

 

[little_apple]

If you applied as common law, you have to have cohabited for a year prior to sending in the application. Once you've submitted it, you no longer have to be living together to maintain common law status, as they understand some people have to wait in their home country during the application process.

Sounds good ;D

 

[Rob_TO]

Still... For Periods of time sounds less than a year.

No, there is no time specified. The generally acceptable time would be as long as it takes to process the application.

If CIC accepts your proofs that you are common-law, then you are basically the same as married. They wouldn't try to claim a couple is no longer married, simply because they can't live together during the processing.

You do need to be able to show (for both married and common-law couples) that the relationship is continuing during the time separated. So in case they ask, should be prepared to show updated proofs of emails, phone logs, chats, etc, plane tickets visiting each other, gift/money sent, etc etc.

 

[little_apple]

No, there is no time specified. The generally acceptable time would be as long as it takes to process the application.

If CIC accepts your proofs that you are common-law, then you are basically the same as married. They wouldn't try to claim a couple is no longer married, simply because they can't live together during the processing.

You do need to be able to show (for both married and common-law couples) that the relationship is continuing during the time separated. So in case they ask, should be prepared to show updated proofs of emails, phone logs, chats, etc, plane tickets visiting each other, gift/money sent, etc etc.

So in case my PR approval takes much longer I would be able to go back to Germany to earn some money. That's a relief. I was a little worried about it

 

[potential_resident]

Thanks for all the replies here!

I should have elaborated on my initial message which was not as clear I think.

Elaboration: So my common law partner (Canadian Citizen) and myself (New Zealand citizen) have already cohabited for 1 year and 1 month in Canada. Now that we have cohabited for the minimum requirement of a year, I am seeking to go to Australia to find work because I CANNOT WORK OR STUDY during the time it will take to process my common law application via Sydney-Australia (website quotes 12 months give or take how many every on each side).

Just to clarify instead of replying to each individual thread.

Interesting to read that someone here said that only the principal applicant (myself) gets interviewed.

THANKS TO ALL

 

[CLinds]

Hey there,

I just wanted to see how you are getting on with your PR status? I am also a NZ citizen, living with my Canadian boyfriend in Canada. We met in NZ 2013 and now I'm in Canada on my one year working holiday visa. We are beginning to think about how I will be able to stay in Canada long term...I don't want to be kicked out at the end of my work visa! I was here as a visitor for about 5 months to begin, so in December this year we will have been living together for 12months and will then be able go down the Common Law path...

My understanding is that once we have declared Common Law he can then apply to sponsor me, but I also have to apply for PR right?

Have you received your PR yet or are you still waiting for that? The processing time seems crazy! So you had to move to Australia without your partner (or with him).. Are you both allowed to leave the country while the PR application is being processed?

Any advice would be suuuuuper amazing,

Thanks ;D

 

[canuck_in_uk]

My understanding is that once we have declared Common Law he can then apply to sponsor me, but I also have to apply for PR right?

Have you received your PR yet or are you still waiting for that? The processing time seems crazy! So you had to move to Australia without your partner (or with him).. Are you both allowed to leave the country while the PR application is being processed?

Hi

The sponsor and applicant forms are all sent together; they are 2 parts of one complete application.

The processing time isn't crazy. Sydney is one of the fastest offices, with 50% of apps being finished within 7 months.

If the sponsor is a Canadian citizen, s/he can be outside Canada while the app processes.