Alberta Common Law TFW/PR - Help & Advice Needed

[CncrndCDN]

Hello Everyone,

My GF and I live in Edmonton, Alberta and are about to apply for Common Law.

Long story short - My GF is a TFW from the Philippines and was working for an employer that unjustly let her go back in February. ->Not the point of this thread.... a whoooole different conversation! We have been living together officially since Nov 2014 but have been together since July of 2014. We also have a joint account and have traveled quite a bit.

I'm hoping to seek some advice from this forum.... We've met with two different Agencies to Apply for Common Law, Open Work Permit (4 mths) and Eventual PR (24mths). I'm a little disappointed by the time frames .... but more shocked in the difference in prices. Anywhere from $2000->$8000+. She also has a Daughter back home which we hope to bring her to Canada.

Is this process something we can do on our own?

Can anyone recommend an agency/legal firm that they've dealt with?

Does anyone have any general advice?

I appreciate any insight and help!

 

[kimzie]

you don't need to hire an agency. you can fill the forms on your own. she will qualify for the 4 month pilot program if she is still in status. goodluck

 

[mikeymyke]

Hello, I also live in Edmonton (not relevant but anyway).

If you're disappointed with the time frames and if she has a daughter back home, what I would do is apply outland.

Once you've reached common law this November, apply outland instead. This will allow her to leave Canada so she can be with her daughter. Also the processing time will be short provided you guys have minimal red flags.

And no, please do not hire a consultant or agency, it's a waste of money. You can fill the forms yourself and you can post questions here so that veterans like scylla, zardoz, canuck_in_uk can help you out.

 

[CncrndCDN]

So this is where I'm getting really confused..... If my gf was a Canadian, we couldn't apply for Common-Law (based on AB Law) until after three years of living with each other... 'adult interdependent relationships'

However, because my GF is a TFW... We can be considered "Common Law" and start the Open Work Permit / PR process after a year?

I'm not sure OutLand Status would be the best option, because based on Alberta Law, we are not common law. How much quicker would this be compared to Inland?

Please let me know if I understand this correctly :S Thanks

 

[kangamoose]

So this is where I'm getting really confused..... If my gf was a Canadian, we couldn't apply for Common-Law (based on AB Law) until after three years of living with each other... 'adult interdependent relationships'

However, because my GF is a TFW... We can be considered "Common Law" and start the Open Work Permit / PR process after a year?

I'm not sure OutLand Status would be the best option, because based on Alberta Law, we are not common law. How much quicker would this be compared to Inland?

Please let me know if I understand this correctly :S Thanks

Ignore the Alberta law, its not relevant for the purpose of the application. CIC recognise common law as 12 months this is all you need to worry about for sponsorship.

 

[canuck_in_uk]

So this is where I'm getting really confused..... If my gf was a Canadian, we couldn't apply for Common-Law (based on AB Law) until after three years of living with each other... 'adult interdependent relationships'

However, because my GF is a TFW... We can be considered "Common Law" and start the Open Work Permit / PR process after a year?

I'm not sure OutLand Status would be the best option, because based on Alberta Law, we are not common law. How much quicker would this be compared to Inland?

Please let me know if I understand this correctly :S Thanks

Understand that CIC's definition of common-law has absolutely NOTHING to do with the provincial definitions of common-law. Different provinces have their own rules regarding common-law. Even some federal government agencies have different definitions of common-law.

For CIC, if you live together continuously for a year, you are common-law.

 

[CncrndCDN]

Ahhh... So we wouldn't even qualify or be seen as Alberta "Common Law" under the 'adult interdependent relationships' act?

If we decide to apply for this on our own, with no firm or lawyer... where do we begin?

We have proof that we've been together since July of 2014 and living together since November of 2014, primarily pictures from a big trip and then Address Change and Joint Account came around March-May this Year.

Also, she needs to renew her Canadian Visa so we can travel... where do we start with this? Her work permit does not expire till July of Next year.

 

[KelseyTVS]

Ahhh... So we wouldn't even qualify or be seen as Alberta "Common Law" under the 'adult interdependent relationships' act?

If we decide to apply for this on our own, with no firm or lawyer... where do we begin?

We have proof that we've been together since July of 2014 and living together since November of 2014, primarily pictures from a big trip and then Address Change and Joint Account came around March-May this Year.

Also, she needs to renew her Canadian Visa so we can travel... where do we start with this? Her work permit does not expire till July of Next year.

I'm in Edmonton too

Your first step towards getting her PR is here:
http://www.cic.gc.ca/english/information/applications/fc.asp#immigrate (outland)
or
http://www.cic.gc.ca/english/information/applications/spouse.asp (inland)

You'll need to put together Sponsorship forms, Immigration forms, and any Philippines-specific forms you will require. If you apply outland, processing times will be faster and your GF will be able to travel outside of Canada during the processing time. If you apply inland, she cannot leave the country, and the processing times are much longer. Most people here will recommend applying outland.

Regardless of if you choose inland or outland, she will need to stay in status while in Canada. She's set until her work permit expires but then she will have to extend it or switch to a visitor visa or obtain some other kind of status.

 

[CncrndCDN]

I need some clarification for the OutLand.

If we decide to apply for OutLand, how much quicker would the processing time be?
Can we do this while she's in Canada? Or does she have to go back to the Philippines?

The Inland looks better for us because she'll be able to work with the OPW while here. She wants to get back to work asap.

Also, if the above message is the "First Step" what is the second.. third...fourth step? Is there a timeline or something outlining this entire process?

Also... again... haha. I've heard that the OPW Project ends as of Dec 31, 2015. Is this true and if that's the case... how does this affect us?

 

[canuck_in_uk]

If we decide to apply for OutLand, how much quicker would the processing time be? Can we do this while she's in Canada? Or does she have to go back to the Philippines?

The Inland looks better for us because she'll be able to work with the OPW while here. She wants to get back to work asap.

Also, if the above message is the "First Step" what is the second.. third...fourth step? Is there a timeline or something outlining this entire process?

Also... again... haha. I've heard that the OPW Project ends as of Dec 31, 2015. Is this true and if that's the case... how does this affect us?

Manila averages around 10-12 months. She can be in Canada while an outland app processes. She wouldn't need to return to the Philippines unless she is called for an interview' chances of an interview are low.

I suggest you apply outland. It's a shorter processing time and if she wants to leave Canada during the processing, there is no risk to the PR app. With inland, it is always a risk to leave Canada because if she is refused re-entry, the inland app is cancelled.

You really need to start researching this process yourself. Read through the CIC website, the guides, the checklists, the forms, look at the processing times etc.

No one really knows what will happen with the OWP Pilot Project at the end of the year. Most likely, it will become a permanent program.

 

[KelseyTVS]

I need some clarification for the OutLand.

If we decide to apply for OutLand, how much quicker would the processing time be?
Can we do this while she's in Canada? Or does she have to go back to the Philippines?

The Inland looks better for us because she'll be able to work with the OPW while here. She wants to get back to work asap.

Also, if the above message is the "First Step" what is the second.. third...fourth step? Is there a timeline or something outlining this entire process?

Also... again... haha. I've heard that the OPW Project ends as of Dec 31, 2015. Is this true and if that's the case... how does this affect us?

Canuck is right. If you want her to stay in Canada with you and you're okay with her being unable to work during the application processing time, outland is the way to go. If you want to do inland and she gets a work permit, keep in mind that the OWP is only valid for one year, and inland applications usually take much longer than a year.

The first step (getting all the documents/forms) is the most complicated. After the application is sent to CIC in Ottawa, they will look over your files. They will approve you for sponsorship and send the rest of the application to the Manila office where they will look at your girlfriend's files. They'll request any documents if they don't think you've provided enough information, and they may (but this is rare) ask for an interview with her. After that, if all goes well, she'll be approved.

So after you send in the application, there's not much to do besides the agonizing wait, as Canuck said, 10-12 months outland.

 

[CncrndCDN]

Thank you again for everyone's help! This forum and the people here have been far more helpful than any Firm/Agency, Lawyer or even the CIC directly (phone Call).

As per the CIC, the open work permit validity is on a case by case basis... but I guess it can also be renewed? I understand the time frames when comparing OutLand and Inland, but for the sake of my GF's sanity and well being (keep in mind she hasn't been working since Feb), she wants to get back to work asap.

Here's another scenario... My gf was on a LMO and worked in a skilled position for 7 months. We tried express entry but unfortunately, she needs a minimum of 12 months.... She meets all other requirements. If we apply for Inland and my GF gets a Skilled Job (after 2-4 months for OWP and roughly 1 month to obtain a job, Total 5 mths) and she works for another 5 months (were now at 10 mths), can she apply for Express Entry? I believe EE is about 6 months for a PR. We may be able to shave roughly 6-8 months from the 18-24 months of Inland/Common-Law Application.

 

[Mapleson]

Thank you again for everyone's help! This forum and the people here have been far more helpful than any Firm/Agency, Lawyer or even the CIC directly (phone Call).

As per the CIC, the open work permit validity is on a case by case basis... but I guess it can also be renewed? I understand the time frames when comparing OutLand and Inland, but for the sake of my GF's sanity and well being (keep in mind she hasn't been working since Feb), she wants to get back to work asap.

Here's another scenario... My gf was on a LMO and worked in a skilled position for 7 months. We tried express entry but unfortunately, she needs a minimum of 12 months.... She meets all other requirements. If we apply for Inland and my GF gets a Skilled Job (after 2-4 months for OWP and roughly 1 month to obtain a job, Total 5 mths) and she works for another 5 months (were now at 10 mths), can she apply for Express Entry? I believe EE is about 6 months for a PR. We may be able to shave roughly 6-8 months from the 18-24 months of Inland/Common-Law Application.

You forget the processing time for them to even open your Inland application. Doing you hybrid Inland/EE application is still longer for her to receive PR status. You need to focus of what is your main goal (PR status, being together in Canada, etc.) and how critical is any income she would be earning.

 

[Ponga]

Thank you again for everyone's help! This forum and the people here have been far more helpful than any Firm/Agency, Lawyer or even the CIC directly (phone Call).

As per the CIC, the open work permit validity is on a case by case basis... but I guess it can also be renewed? I understand the time frames when comparing OutLand and Inland, but for the sake of my GF's sanity and well being (keep in mind she hasn't been working since Feb), she wants to get back to work asap.

Here's another scenario... My gf was on a LMO and worked in a skilled position for 7 months. We tried express entry but unfortunately, she needs a minimum of 12 months.... She meets all other requirements. If we apply for Inland and my GF gets a Skilled Job (after 2-4 months for OWP and roughly 1 month to obtain a job, Total 5 mths) and she works for another 5 months (were now at 10 mths), can she apply for Express Entry? I believe EE is about 6 months for a PR. We may be able to shave roughly 6-8 months from the 18-24 months of Inland/Common-Law Application.

The potential problem, would be that if you [in essence] cancel her Inland application when she later applies under the EE stream, her OWP would likely become null and void, because it was issued to her because of the Inland application that she submitted.

 

[CncrndCDN]

Thank you for those good points! That's an oversight on my part and understand the OWP would most likely be voided if we decided to do the EE.

According to her, work is most important.