Common law Application help

[killborn]

Hoping for all you experienced members to chime in on some answers for my US outland application.

Am working on a common law application. My partner is Canadian and I am US Citizen looking to apply outland. We currently live together in Canada with me on a visitor status (its been almost 15 months). I drive back to the US frequently. I have most of the application done, ave the notarized declarations, evidence, but do have a few challenges and need some help.

1. I have only just been able to apply for my FBI check and one from my country of birth. Both will be using agents to assist, but still think they will be delayed. Do I need to wait until I have them before I submit?
2. Do I need to do medical before I submit or wait for request from CIC?
3. I have a young daughter in Ohio and understand that she needs to complete a medical. Unfortunately there is no panel doctor within a 4 hour drive of where she lives with her mother. Do I submit without her medical and when requested ask CIC for options? Does hers need to be done before I submit the application?
4. Is there an email address for CIC to ask about some of these queries?

Also, I work from home for my US employer. Any of you who do that and anything I need to consider that I might not know right now? Tax implications etc? I still have a physical address in the USA at this time.

I plan on getting someone to review my application before I submit, but trying to find out how much I need to get the process started and how much I will be able to supplement as I get documents from FBI etc?

Thanks for the help..

 

[Ponga]

1. By saying "agents", do you mean the use of a 3rd party Channeler for the FBI IHSR letter? If so, be advised that CIC does not accept these. You need to order it directly from the FBI, which takes ~ 12 weeks to process. You should wait until you have this before submitting your Outland application. Inland applicants can usually include a note stating that the letter will be forwarded upon receipt, but since Outland is so much faster [for most Americans], you should wait, to avoid CIC deeming the application incomplete.

2. Outland applicants are strongly advised to do the medical upfront. You can use a CIC Panel Physician in Canada, since you're already here.

3. Contact CIC before you submit the application (since you need to wait ~ 3 months for the FBI letter anyway).

4. Unfortunately, there really isn't one.

Working remotely from Canada is a bit of double-edged sword. You don't need to have a work permit, but the tax issues are a pain! Check the Tax forum here to find out what you need to know.

Good luck!

 

[CDNPR2014]

1. no, police checks can be sent in later once the application is transfered and/or when it is requested from the visa office.
2. technically, no, though waiting for it to be requested will delay the processing. it's best practice to submit this upfront and have the appt close to when the application is submitted
3. i will defer this to others with dependant experience. I would agree that writing a letter in the application and asking for options is a good way to go. her medical doesn't need to be submitted upfront. again, not having it upfront will delay the process.
4. no

 

[Ponga]

Regarding the police checks, I suggest seeing what others have done:
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.6435.html

I know that CIC has been lenient with Inland applicants, because they are well aware of the FBI delays. Maybe most Outland applicants (from the U.S.) are sending them later. *shrug*

 

[killborn]

1. By saying "agents", do you mean the use of a 3rd party Channeler for the FBI IHSR letter? If so, be advised that CIC does not accept these. You need to order it directly from the FBI, which takes ~ 12 weeks to process. You should wait until you have this before submitting your Outland application. Inland applicants can usually include a note stating that the letter will be forwarded upon receipt, but since Outland is so much faster [for most Americans], you should wait, to avoid CIC deeming the application incomplete.

2. Outland applicants are strongly advised to do the medical upfront. You can use a CIC Panel Physician in Canada, since you're already here.

3. Contact CIC before you submit the application (since you need to wait ~ 3 months for the FBI letter anyway).

4. Unfortunately, there really isn't one.

Working remotely from Canada is a bit of double-edged sword. You don't need to have a work permit, but the tax issues are a pain! Check the Tax forum here to find out what you need to know.
Good luck!

Thank you for the feedback. You are correct in saying that I plan to use a 3rd Party Channeler. I also understood that is wasn't accepted, but I think it might have changed. Please see link which directly mentions the FBI channelers on the FBI website. http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp#notes

If you are a citizen of United States:

If you live in United States:
If you live outside of United States:
Option 1:

You can download the application form from the FBI website or send a request by mail (see Special notes and considerations for complete address).

You must fill out the applicant information form and obtain a set of your fingerprints.

Please mail your completed fingerprints card along with a certified cheque or money order for the applicable processing fees, payable to the U.S. Treasury (see Special notes and considerations for complete address).

The FBI will send you a letter with the results of your record check. That letter will be your police certificate. You should send the letter and any attached documents to the Citizenship and Immigration Canada office processing your file.

Option 2:

For U.S. citizens and permanent residents only: you may apply to an FBI-approved channeler (a third party that helps deliver your information to the FBI). They will collect your application form, fingerprints, any fee(s), and give them to the FBI.

Once the FBI completes their background check, they will send the results to the channeler. The channeler will then then give you your record check letter.

Please include the FBI letter with your application, and send us the complete package.



Also, not worried about my medical. I can get that done, just worried about my daughters medical since I have nowhere to take her and don't want it to delay things. The one panel Dr within the region is no longer in business and number doesn't exist anymore.

Will check out the tax forum, thanks for the tip.

 

[killborn]

Regarding the police checks, I suggest seeing what others have done:
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.6435.html

I know that CIC has been lenient with Inland applicants, because they are well aware of the FBI delays. Maybe most Outland applicants (from the U.S.) are sending them later. *shrug*

Thanks! Looks like we may be in luck and they are now accepting documents from FBI Channel agents.. see above post.

 

[CDNPR2014]

Regarding the police checks, I suggest seeing what others have done:
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.6435.html

I know that CIC has been lenient with Inland applicants, because they are well aware of the FBI delays. Maybe most Outland applicants (from the U.S.) are sending them later. *shrug*

yes, because of the recent wait time for FBI checks to be completed, CIC has been "looking the other way" and does not consider outland applications incomplete if it's not submitted up front. this is a pretty common thing these days. while it will delay processing, it has been acceptable since the FBI changed their process.

 

[Rob_TO]

I drive back to the US frequently.

I assume that on these frequent trips, your partner accompanied you or the trips were relatively short in duration (like around 2-3 weeks or less each time)?

3. I have a young daughter in Ohio and understand that she needs to complete a medical. Unfortunately there is no panel doctor within a 4 hour drive of where she lives with her mother. Do I submit without her medical and when requested ask CIC for options? Does hers need to be done before I submit the application?

You may be able to delay her medical, but eventually it will need to be done. So if the closest panel physician is 4 hours away, that's what she'll need to do. There are no other options here except to use a CIC panel physician.

Also, I work from home for my US employer. Any of you who do that and anything I need to consider that I might not know right now? Tax implications etc? I still have a physical address in the USA at this time.

If you've been "living" in Canada the past 15 months as a visitor, you are a resident here for tax purposes. So you need to file Canadian income tax on your US income. You will most likely need to apply for an Individual Tax Number from CRA. http://www.cra-arc.gc.ca/E/pbg/tf/t1261/t1261-15e.pdf

You'll get a credit for taxes already paid to the US, so would only owe the difference to get up to Canadian tax rate.

Your Canadian common-law partner should also have changed her marital status with CRA from single to common-law effective the date you reached 12 months of cohabitation. As of that date, CRA will use your combined family income to determine any credits/payments she would be eligible for.

 

[killborn]

I assume that on these frequent trips, your partner accompanied you or the trips were relatively short in duration (like around 2-3 weeks or less each time)?


You may be able to delay her medical, but eventually it will need to be done. So if the closest panel physician is 4 hours away, that's what she'll need to do. There are no other options here except to use a CIC panel physician.

If you've been "living" in Canada the past 15 months as a visitor, you are a resident here for tax purposes. So you need to file Canadian income tax on your US income. You will most likely need to apply for an Individual Tax Number from CRA. http://www.cra-arc.gc.ca/E/pbg/tf/t1261/t1261-15e.pdf

You'll get a credit for taxes already paid to the US, so would only owe the difference to get up to Canadian tax rate.

Thanks for the info. Yes, my trips to the US are usually very short and no more than say 1 week for business trips around the country. Longest trip we had was a two week joint vacation.

As for medical as I understand the medical for my daughter I found this information:

On the CIC website, it says if the nearest panel physician is more than 4 hours away/250 km to contact them for further assistance. Does anyone know what assistance they offer? I can't call them because their # is for in Canada only
How would I contact them? I believe from what I have read that if I contact them with the details of a doctor the CIC will vet the information and give me a go ahead. Just trying to verify that I can apply and deal with her medical later once I have established a case and communication with the CIC

Your Canadian common-law partner should also have changed her marital status with CRA from single to common-law effective the date you reached 12 months of cohabitation. As of that date, CRA will use your combined family income to determine any credits/payments she would be eligible for.

 

[Ponga]

Thank you for the feedback. You are correct in saying that I plan to use a 3rd Party Channeler. I also understood that is wasn't accepted, but I think it might have changed. Please see link which directly mentions the FBI channelers on the FBI website. http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp#notes

If you are a citizen of United States:

If you live in United States:
If you live outside of United States:
Option 1:

You can download the application form from the FBI website or send a request by mail (see Special notes and considerations for complete address).

You must fill out the applicant information form and obtain a set of your fingerprints.

Please mail your completed fingerprints card along with a certified cheque or money order for the applicable processing fees, payable to the U.S. Treasury (see Special notes and considerations for complete address).

The FBI will send you a letter with the results of your record check. That letter will be your police certificate. You should send the letter and any attached documents to the Citizenship and Immigration Canada office processing your file.

Option 2:

For U.S. citizens and permanent residents only: you may apply to an FBI-approved channeler (a third party that helps deliver your information to the FBI). They will collect your application form, fingerprints, any fee(s), and give them to the FBI.

Once the FBI completes their background check, they will send the results to the channeler. The channeler will then then give you your record check letter.

Please include the FBI letter with your application, and send us the complete package.

Wow, that's good to see [again].

CIC was only allowing Channeler letters for a brief time last Spring (for ~ 5-6 weeks).

+1 for the info.

 

[Rob_TO]

On the CIC website, it says if the nearest panel physician is more than 4 hours away/250 km to contact them for further assistance. Does anyone know what assistance they offer? I can't call them because their # is for in Canada only
How would I contact them? I believe from what I have read that if I contact them with the details of a doctor the CIC will vet the information and give me a go ahead. Just trying to verify that I can apply and deal with her medical later once I have established a case and communication with the CIC

ACtually in this case, yes you may be able to get away with using a local doctor in place of CIC physician, if CIC pre-approves them.

Here's another post with a similar situation, and response from CIC: http://www.canadavisa.com/canada-immigration-discussion-board/cic-panel-physicians-all-12-hours-away-t221679.0.html;msg3252471#msg3252471

You should be able to call CIC's number in Canada, to ask more details and start the process to get the doc approved. Or as you mentioned wait until the app is in progress, and ask directly to the visa office processing the app.

 

[killborn]

ACtually in this case, yes you may be able to get away with using a local doctor in place of CIC physician, if CIC pre-approves them.

Here's another post with a similar situation, and response from CIC: http://www.canadavisa.com/canada-immigration-discussion-board/cic-panel-physicians-all-12-hours-away-t221679.0.html;msg3252471#msg3252471

You should be able to call CIC's number in Canada, to ask more details and start the process to get the doc approved. Or as you mentioned wait until the app is in progress, and ask directly to the visa office processing the app.

Thanks for the input all.. look forward to getting the application submitted