Asking for Help Clarifying my "Inland Family Common-Law Permanent Resident" Application Plan

[thomson55]

Hi All,

I am currently going a bit crazy trying to find the answers to all of my questions relating to a planned inland family common-law permanent residency application for my girlfriend. If someone can confirm whether or not my plan makes sense (or can find any holes in my plan) that would be amazing! Thank you very much in advance.

Situation: I am a Canadian citizen and want to sponsor my German girlfriend (29 years old) under the "Inland Family Common-Law Permanent Residence" visa category

My plan so far:

1. We have lived together in a common-law relationship for over 1 year in Germany. We have the documents to prove this. But we have never lived together in Canada (I am not sure if that is a problem or not)
2. My plan is for the two of us to move to Canada at the end of August 2019, and my girlfriend will get a temporary 6 month visitors visa (as is her right as a German citizen).
3. As soon as we arrive in Canada, we will apply for the "Inland Family Common-Law Permanent Residence" visa.
4. We will also apply for an open work permit and a visa extension at the same time
5. Once she receives the open work permit she will start looking for work, and then hopefully within 12 months she will receive her permanent residency.

Clarification Questions:

1. We lived together in a common-law relationship in Germany but have never lived together in Canada. Is it a problem that we have only lived together in Germany?
2. When we arrive in Canada, we want to apply for the inland visa and open work permit as soon as possible. I am worried that when we apply for the visa, it will take a long time for me to be approved as a sponsor and will delay her receiving an open work permit. Does anyone know how long it takes to be approved as a sponsor? And will her open work permit be processed while my sponsorship is being evaluated, or do I have to be approved as a sponsor first?

Thank you very much in advance, I know this was a long post!

 

[Hurlabrick]

Some useful reading for you here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada

1. We lived together in a common-law relationship in Germany but have never lived together in Canada. Is it a problem that we have only lived together in Germany?

No problem at all. Only 'issue' will be that you will have to provide official and approved translations of all German documents you submit as proof (e.g. rental agreements etc.).

2. When we arrive in Canada, we want to apply for the inland visa and open work permit as soon as possible. I am worried that when we apply for the visa, it will take a long time for me to be approved as a sponsor and will delay her receiving an open work permit. Does anyone know how long it takes to be approved as a sponsor? And will her open work permit be processed while my sponsorship is being evaluated, or do I have to be approved as sponsor first?

Approval time as sponsor irrelevant. You send the OWP and Spousal Sponsorship paper in together in the same pack and CIC take care of the rest. OWP approval times around 4 - 5 months from receipt of pack.​

 

[thomson55]

Hi Hurlabrick,

Thank you very much for the quick response and for putting my mind at ease! We have already started getting the German translations ready, so I'm hoping they will be ready in time!

And thanks for the british expats link, some very good information there!

Some useful reading for you here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada



No problem at all. Only 'issue' will be that you will have to provide official and approved translations of all German documents you submit as proof (e.g. rental agreements etc.).

Approval time as sponsor irrelevant. You send the OWP and Spousal Sponsorship paper in together in the same pack and CIC take care of the rest. OWP approval times around 4 - 5 months from receipt of pack.​

 

[canuck78]

You don't need to apply to extend her visitor status if she receives AOR for the OWP. OWP application gives her implied status.

 

[thomson55]

That's great to know, thanks canuck78!

You don't need to apply to extend her visitor status if she receives AOR for the OWP. OWP application gives her implied status.

 

[thomson55]

One more question I just thought of is about dual intent, if someone can help:

Question: If I book a one way ticket for my girlfriend to fly to Canada, is there a chance that she might be refused entry into the country? I know customs would probably ask how long is she staying, and then she would respond "Well actually, I am planning on applying for permanent residency", and then it would basically be up to the customs officer believing her, am I correct? Obviously if permanent residency did not work out, she would have to leave anyway after 6 months.

The recommendation from the British Expats site is: "The PA should book a RETURN ticket to the UK. S/he does not have to use the return ticket, but booking a return ticket is better for two reasons: One, it shows CBSA of an intention to return to the UK if required, and two, airlines are highly unlikely to allow boarding of a passenger with only a one-way ticket without legal status to remain permanently in Canada."

So I guess we would book a return ticket and then just not use it. Does anyone else have dual intent experience?

Thanks in advance!

 

[canuck78]

One more question I just thought of is about dual intent, if someone can help:

Question: If I book a one way ticket for my girlfriend to fly to Canada, is there a chance that she might be refused entry into the country? I know customs would probably ask how long is she staying, and then she would respond "Well actually, I am planning on applying for permanent residency", and then it would basically be up to the customs officer believing her, am I correct? Obviously if permanent residency did not work out, she would have to leave anyway after 6 months.

The recommendation from the British Expats site is: "The PA should book a RETURN ticket to the UK. S/he does not have to use the return ticket, but booking a return ticket is better for two reasons: One, it shows CBSA of an intention to return to the UK if required, and two, airlines are highly unlikely to allow boarding of a passenger with only a one-way ticket without legal status to remain permanently in Canada."

So I guess we would book a return ticket and then just not use it. Does anyone else have dual intent experience?

Thanks in advance!

Would book a return ticket and then cancel it when you arrive in Canada. When dealing with CBSA don't lie but don't volunteer information. If they ask if you are going to file for inland spousal sponsorship say yes. If they ask what you are doing you should reply visiting your bf and his family which is true. Would not show up with all her belongings at the airport.

 

[thomson55]

That makes a lot of sense, thanks a lot for the quick response!

Would book a return ticket and then cancel it when you arrive in Canada. When dealing with CBSA don't lie but don't volunteer information. If they ask if you are going to file for inland spousal sponsorship say yes. If they ask what you are doing you should reply visiting your bf and his family which is true. Would not show up with all her belongings at the airport.