COMMON-LAW SPONSORSHIP VS. SKILLED WORKER ???

[Elizabethxo]

Hi,

I'm writing on behalf of my Chilean common-law partner..we met in Chile and have been living together for a year and a half (in Chile, and in Canada). We are currently in Vancouver, B.C. and he is here on a Work and Holiday Visa, which will expire at the end of April 2011.

We are wondering, which is faster/better/easier overall to obtain, the common-law visa sponsored by me, or a skilled worker visa?

On one hand, I feel like the common-law visa requires less of him, no contract of employment, no language test (though his English is pretty good, AND he has excellent reference letters from his past employers and will probably have been working the full year of fulltime employment), BUT..with the common-law visa, I notice that *I* am required to agree to sponsor him financially for 3 years. I love and trust my partner and everything, but I'm also realistic..and you never know what could happen. I just don't know if I want to commit to something like that.

Another point, I've seen that when applying WITHIN Canada, it can take up to 12 months to receive word on your common-law application? As opposed to I'm not sure how long for the skilled worker...

I hope someone has some insights on this! Thank you!

Elizabeth

 

[steaky]

Check out this webpage for the information about federal skilled worker processing times in Lima:

http://www.cic.gc.ca/english/information/times/international/02b-skilled-fed.asp#west

 

[BeShoo]

Spouse/partner visas (I guess any visas for reuniting families) are supposed to receive priority treatment. In theory, after 1 or 2 months to process the sponsorship, outland visas aim to be processed in 6 months. You can apply outland even while you are "visiting" Canada on a temporary basis. A family class visa should be much faster than a skilled worker visa, although there are many variables.

You do need to show in your application (and in an interview, if there is one) that yours is a genuine relationship, and not just entered into for immigration purposes. Among other things, you need to be in an ongoing relationship. It worries me a little that you are so unsure of your relationship that you think there is a real possibility of it ending before 3 years. Yes, anything can happen in life, but 3 years seems a short commitment to make. Even if your relationship broke up, you'd really only need to support him if he was out of work and had to rely on government assistance to get by. He seems eminently employable from your description and I don't really see a real prospect of him going on welfare and sticking you with the bill.

Read the excellent message at the beginning of this thread for the basics of spousal/partner applications:
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[matthewc]

Common-law sponsorship is for couples who are in a "marriage-like" relationship. If you're unsure whether you really want to sponsor him, it seems possible you don't really meet the definition of common-law in terms of extensive combining of your affairs, mutual interdependence, commitment to a shared life together, etc - even though you've lived together for long enough that (in that respect) you qualify. Only you can decide, of course, but I'd suggest reading over OP2 sections 5.25 - 5.26 and 5.34 - 5.36 in terms of what CIC is expecting to see of common-law applicants, and ask yourself whether that applies to your relationship (and whether you have enough evidence to prove it).

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

In terms of speed, sponsorship is one of the fastest routes to PR status. Skilled worker will take much, much longer.