Common-law sponsorship-Outland Application, Temporarily Apart for Visa Procedure

[mhamilton]

I need some clarity on a few things related to our current situation and how that figures into our application. First of all I've exhausted all efforts to find an answer to this other posts, so please redirect me if it has been covered to death. Here's my situation: My fiance (ROK) and I (Canadian Citizen), after spending 3 years in Korea, earned common-law status while living together and sharing finances in Canada for the duration of her stay as worker then student (14 months). She left Canada prior to December to ask her parents to consider our marriage, and I joined a month later to formally ask for her hand. In preparation for our Outland PR application she stayed in Korea, while I returned to Canada. (She still has a valid Student Visa for another 7 months.)

My questions, Did we void our common-law status by living apart, even if it's temporary?

And if not, will she be able to stay in Korea until an interview is scheduled, if we require one (lets say 6+ months)?

If everything is still on track and we can carry on with our outland application, what is considered her current country of residence? Canada or Korea?

Thanks for the insight! I appreciate any advice I can get!

 

[Sweden]

Hey,

it's a bit of a grey zone... you have established common-law status by living together for at least 12 months. After that, you're allowed short separation for visa/work etc reasons.... but you should have all intentions to re-establish a common living place as soon as possible.

So in your case, if you apply soon, you should be good.

What I would do : prepare the application, and your partner should come back to Canada as soon as possible, as there is no barrier... she can come to Canada and stay ( first on her student visa, later on a visitor visa if the PR is not done), and like this you show that the common-law is ongoing.... You can still apply outland even if she is in Canada - and it will be faster than inland. If an interview is required, she would have to fly back to Korea, but I would say that if you have been in a relationship for 3 years, have been living together for 14 months, and are already engaged, and you have met her family and she has met yours etc... there are very few chances that you would be asked for an interview. So she could stay in Canada, and not have to go to Korea at all. As she is from a visa-exempt country, she won't even have to submit in passport.... only the scanned copy of it, and she will get the COPR (confirmation of PR) directly at her address in Canada.... and she can flagpole (leave Canada at the nearest entry point, US border), and come back and become a PR.

Her current country of residence would be Canada in that case.

I'm not sure why she is staying in Korea - she has a valid status in Canada, and most likely you have a place together in Canada already - she is allowed to be in Canada while applying outland, a lot of people do it.

good luck,
Sweden

 

[Sweden]

Also - it seems that Seoul is a really fast office, some applicants get done in 2 months for stage 2, so you're luck to go through this one!