Common Law over Ottawa?

[Julia123]

Hi,

I heared if I have lived in Canada for 12 month and I want to apply for Common Law Sponsorship that I can apply over Ottawa? ( I am german!)
Lived what does it mean? Can it be with tourist visa or with a work visa? (I had a work visa for one year)
Also I would have to send the same Application than if I would send to Mississauga? And I would apply outside or does this change to inside?

Where can I find the information in the internet? (where on the CIC Internetpage)

And I hear they are much faster .. .that would make all so easier!
Thanks everybody!

 

[Rob_TO]

Hi,

I heared if I have lived in Canada for 12 month and I want to apply for Common Law Sponsorship that I can apply over Ottawa? ( I am german!)
Lived what does it mean? Can it be with tourist visa or with a work visa? (I had a work visa for one year)
Also I would have to send the same Application than if I would send to Mississauga? And I would apply outside or does this change to inside?

Where can I find the information in the internet? (where on the CIC Internetpage)

And I hear they are much faster .. .that would make all so easier!
Thanks everybody!

It's in the regular outland guide: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
Immigration Office requested for the processing of your application
Indicate the name of the Immigration Office which serves:
your country of nationality, or
the country in which you are residing, provided that you have been lawfully admitted to that country for at least one (1) year.

So in order to request processing from CPC-Ottawa, at the time of application you need to be holding a valid status/visa in Canada for minimum of 12 months. So if you are just here as a visitor/tourist, you would probably not qualify. It's meant for people who hold study or work permits here.

Also even if you did qualify, and selected CPC-Ottawa, the actual choice of where the application goes is entirely up to CIC. in many cases no matter what the applicant requests, they still send it to the visa office based on their country of citizenship.

 

[Julia123]

hi,
thanks!
So it means if I my work visa did expire and if I am now with a tourist visa in Canada - I can not send my Application to Ottawa?

 

[Rob_TO]

hi,
thanks!
So it means if I my work visa did expire and if I am now with a tourist visa in Canada - I can not send my Application to Ottawa?

If you are just here with visitor status now, then no you most likely can't select Ottawa for processing.

And everyone sends their application to CPC-Mississauga. It's Mississauga that then chooses the appropriate outland visa office, and they send your application there.

 

[Julia123]

While the wording in the act could be interpreted either way (i.e. "has been admitted to canada for a 1-year or greater period", or "has been in canada legally for one year or more") CIC policy is quite clear that it is the former interpretation that is in use.

OP1 section 5.17 explains this.

http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf

"5.17 What is meant by “lawfully admitted”
...
3. R11(1) also stipulates that an applicant must have been lawfully admitted for at least one year
when applying for permanent residence.

Persons who are applying for permanent residence must be residing in and have been legally
admitted for a period of at least one year to the country which the visa office receiving the
application serves. The applicant is not required to have been residing in the country for one year
at the time of application, but to have been lawfully admitted to that country for a minimum one-
year period at the time of application.

For example, under R11(1), an individual may have lawfully entered and be currently residing in a
country on the basis of a one-year work permit. Anytime during that year, the individual would be
eligible under R11(1) to apply for permanent residence to Canada through the visa office
responsible for applications from the country in which the individual is residing."

So what matters is not your original entry into Canada, but whether your current status is granted for one year or more. If you have a 1-year or longer work permit, study permit, or visitor record, you can apply to Buffalo. If you do not, you can't.

 

[Rob_TO]

Feel free to choose CPC-Ottawa.

As I said, it's entirely up to CPC-Mississauga where they actually send your application after sponsor approval. Despite whatever you read online, be prepared to have it processed based on your citizenship no matter what office you select.

Read here: http://www.cic.gc.ca/English/resources/manuals/op/op01-eng.pdf
Special procedure for the family class
The application for permanent residence for members of this class no longer gives applicants a choice as to which office will process their applications. CPC-Mississauga, which receives the applications, will make this determination pursuant to R11 and will forward the file to the appropriate visa office. The option of selecting the office where the sponsor wanted the application to be processed has been deleted from the "application for sponsorship and undertaking."