A few basic quick Common Law Sponsorship questions.

[KyleT6747]

Hello everyone, first let me say that this website is an awesome source of information and has been a great resource for me.

My questions are fairly basic but a little situational. I apologise if the information is readily available out there but after two phone calls to the immigration office (and two very rude, and unhelpful experiences with the people who answer the phone there) and several days searching I'm feeling very frustrated.

Here we go:

I am on a youth exchange visa, which allows me to work and it expires in May, on the 11th. I am going to apply for a common law sponsorship visa. My first question is am I eligible to apply for an open work permit while I am awaiting my Common law visa to be processed ( I ask because the person I tried to speak to the first time said that this would be possible, but I am reading that there might be certain criteria I must fall into. )

The person I spoke to on the phone also told me that I must apply for both of these before my current visa expires, (I take anything they say on the phone with a large grain of salt as each time I call I get conflicting information). I know once I have applied for my common law visa I should not leave the country. How do I go about extending my visa or staying passed may 11th? I plan to send my application in at the end of april (because I am going home to visit family outside of canada and do not want to apply before I am back from my trip)

Once I have applied for the common law sponsor ship visa will they just extend my visa? Will I apply to change to a visitor visa while I await to hear from them? I am unclear what to do after I apply, as I must leave the country by the 11th.

My hope is to come out of this with an open work permit, while I await my sponsorship common law visa to be processed. Does this all sound possible?

 

[Ponga]

Sorry to be brief, but I'm sending this from my phone and my hands are too big for the kb.

You would only be eligible for an OWP, with your sponsorship application after AIP ( about 8-9 months).

 

[KyleT6747]

So in 8 or 9 months after I receive AIP I should be granted a OWP. Sounds like a long 8 or 9 months.

 

[KyleT6747]

I am curious as to if it is possible to extend a working holiday visa. I read that australians can extend theirs? I am from Sweden and hoping the same is true for me. If I was able to some how extend my working holiday visa while waiting for AIP I might not starve. But I think I am being to wishful in my thinking.

 

[canuck_in_uk]

As a Swede, there isn't really any advantage to applying inland. You wouldn't get a work permit for 8 months (and that processing time could change without notice, it only recently came down from 11 months). You should consider an outland app through London; you can be in Canada when you apply outland. London is a fairly quick office, you would most likely be a PR within 8 months. Have a look at the thread and spreadsheet http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.12750.html.

You cannot extend an IEC visa. You can participate in IEC a second time but only if it is under a different category. Have a look at the Young Professionals visa to see if you can qualify http://www.canadainternational.gc.ca/sweden-suede/experience_canada_experience/young_professionals-jeunes_professionnels.aspx.

You will always need to maintain your own status, regardless of the PR app. If you don't qualify for the Young Professional IEC, then you can ask your current employer if they are willing to apply for an LMO and try to get a closed work permit through them. If not, then prior to May 11th, you will need to extend your stay and change your status to visitor.

 

[KyleT6747]

Thank you so much Canuck, your response was really helpful.

If I do get a closed work permit I still should be all right to apply for a PR through common law sponsorship correct? Then I can work in my closed work permit until I receive my OWP? I *thought* i read you can only stay on a CWP for 1 year and then you have to leave canada for 4 months?

I'm worried about applying outland incase of an interview? I'm feeling like if I could stay here some how for the 8 months and tough it out even on a CWP until I receive my AIP/ OWP that would be the safest way of doing it.

 

[canuck_in_uk]

If I do get a closed work permit I still should be all right to apply for a PR through common law sponsorship correct? Then I can work in my closed work permit until I receive my OWP? I *thought* i read you can only stay on a CWP for 1 year and then you have to leave canada for 4 months?

I'm worried about applying outland incase of an interview? I'm feeling like if I could stay here some how for the 8 months and tough it out even on a CWP until I receive my AIP/ OWP that would be the safest way of doing it.

A closed work permit has nothing to do with your PR app, they do not affect each other. The permit can be valid for longer than a year and no need to leave for 4 months.

Interviews are called when CIC suspects the relationship isn't genuine and is only for immigration purposes. As a visa-exempt common-law partner from a country as equally developed as Canada, with equal human rights etc., there is almost zero chance that you will be called for an interview, unless you have some massive red flag (i.e. she's 40 years older than you, you guys don't speak the same language, you are a terrorist etc.) CIC will not think that you have lived in marriage-like relationship with a Canadian for over a year in order to escape Sweden. In my few years on the forum, I have only seen one visa-exempt common-law applicant called for an interview; that couple hadn't actually lived together for several years, which was a big red flag.

Have a look at the London link I posted; there are several Swedes on there. If you apply outland, you will be a PR in around the same amount of time you will be waiting for the OWP from the inland app. As well, you will be able to leave Canada if you need to; there have been people who missed things like weddings and funerals because they didn't want to leave and risk their inland app.

 

[KyleT6747]

Very sound advice Canuck, I will consider it. As long as there is no issue from applying inside canada. We have not done a medical exam and were planning on waiting until they ask us for it. This won't cause an issue at all will it? Getting a medical exam for a outland visa inside canada?

Just don't want future problems you know? My main concern is getting to work, after that I don't mind waiting.

 

[benjis_monikuss]

I'm going to second this. REALLY look into your options regarding inland VS outland. I was initially going to go inland and then was urged by members of this forum to go outland instead (Aussie national, visa exempt, no red flags) and I just got my full PR after 3 months. I wouldn't even be half way towards my AIP had I applied inland. London and Sydney have similar processing times but it seems like the Sydney office is on crack right now with the way they're pumping through apps. You can leave Canada whenever you want via outland too. That would be my biggest piece of advice to anyone on this forum that is just looking into their options right now;

UNDERSTAND INLAND VS OUTLAND

I feel like inland should almost be a last resort hahaha.

 

[Ponga]

Very sound advice Canuck, I will consider it. As long as there is no issue from applying inside canada. We have not done a medical exam and were planning on waiting until they ask us for it. This won't cause an issue at all will it? Getting a medical exam for a outland visa inside canada?

Just don't want future problems you know? My main concern is getting to work, after that I don't mind waiting.

Medical and FBI PCC (if applicable) need to be submitted with an Outalnd application.

Submitting an Outland application while in Canada is no problem, but, unlike an Inland application, you must maintain your legal status throughout the entire process.

 

[KyleT6747]

Thank you Ponga, I have not really read into outland ones because, well, logically, I'm inside canada so I was thinking inland.

Are there any other little things like that that would screw me up? I'm going to go read up on outland app's now I guess.

 

[Ponga]

Thank you Ponga, I have not really read into outland ones because, well, logically, I'm inside canada so I was thinking inland.

Are there any other little things like that that would screw me up? I'm going to go read up on outland app's now I guess.

Not really.

If you can maintain your status, you should be golden with an Outland application.

Plus...if your application is denied, you have a right to appeal (not available for an Inland applicant).

Good luck!

 

[KyleT6747]

When you guys say "visa exempt" what does that mean. That you can just show up and get a visa in canada? Like, as in, don't have to apply online first for a tourist visa?

So if I have this straight, I should go Outland and apply. Make sure I have my medical done before hand. It is OK to have a medical done in Canada and still apply Outland..?

Thank you all so much for your help.

 

[Rob_TO]

I have not really read into outland ones because, well, logically, I'm inside canada so I was thinking inland.

CIC even recommends right in the inland guide, that people who are residing in Canada, apply outland instead where possible: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

The family class is aimed at faster processing of spouse or common‑law partner applications from applicants outside Canada.
Processing times for spouses or common‑law partners in Canada are generally longer.
The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site.

 

[benjis_monikuss]

When you guys say "visa exempt" what does that mean. That you can just show up and get a visa in canada? Like, as in, don't have to apply online first for a tourist visa?

So if I have this straight, I should go Outland and apply. Make sure I have my medical done before hand. It is OK to have a medical done in Canada and still apply Outland..?

Thank you all so much for your help.

Exactly right on visa exempt, so you just need to find out if you are.

For outland you are guaranteed a faster processing time if you submit a correct and complete application, so if you can send it all at once. Medical, police checks, traffic histories if needed. Just keep in mind a lot of your police checks have a 3-6 month expiry so you want to leave these until you are almost ready to submit. Medical has a one year expiry, this can be an issue for inlanders as it commonly takes a lot longer so CIC is ok with them submitting their medical's later. As outland you could be completely done in 8-10 months so you want to have it upfront. I got my medical done by a guy in Vancouver. It's no problem where in the world they are, as long as they are on CIC's list.

If it makes you feel any better I was literally a few days away from submitting when I changed my mind and went outland; had all forms filled, signed, validated, organized. It didn't take a hell of a lot of trouble to switch it over to outland and it was very much worth it in the end.

My other piece of advice; make sure you check your country specific guide! Certain things vary from country to country: what you need, what needs to be original and copy, what needs to be certified, how many photos you submit etc etc. Join threads for your outland office and your month of submission. This will help you out the most.

So the real question seems to be can you maintain you status? Can you apply for another youth program? I was on Working Holiday Permits and was able to just reapply every two years. You can stay in Canada as a visitor but you will not be able to work and study, that would be your only downfall.