HELP! Family class or Spouse/Common-law partner in Canada class?

[heathnick94]

I am residing in Canada on visitors status and am originally from the UK. My partner is Canadian and we are in a common law relationship and have been cohabiting for over a year. I am applying for residency and also a work visa however, I am confused as to which class to apply for. It seems that I am legible for both Family class and Spouse or Common-law partner in Canada class. Can someone please outline the key differences and why they might be beneficial? Also if anyone knows if one is likely to get granted faster than the other or it really is just case by case. Thanks so much for your time

 

[CanUK333]

I found this on a thread from a few years ago...not sure if it still applies. Another forum member may be able to confirm.

I hope I'm not too late to help with this. The difference between the Family class and spouse in Canada class is the requirements. If you choose to apply as family class, your application will be considered "outland" and you will not be able to apply for an open work permit, and legally cannot work. You WILL however be free to travel outside of Canada without your application being in danger of being revoked. You may still live with your husband on either family class or spousal in Canada.

If you apply under the spouse in Canada class, you MUST be physically present in Canada for the duration of your application. If you are found to not be in Canada at any point during the application (i.e. you leave Canada and are not allowed back into Canada when trying to return) you application will be tossed and you will not be able to appeal. Under this class, you are able to apply for an open work permit which you will submit along with your PR application. The open work permit is not a permanent program, so from what I'm reading it may not exist come december should it not be renewed. If you plan to apply inland, I would recommend looking more into this.

As far as proof goes, I would recommend starting to accumulate proof now. If you are going to be living in Canada, you should have your husband add a cellphone to his plan (if he has one) under your name so that you will receive statements to the address you will be residing at. If you husband receives supplemental insurance through his work, tell him to speak with HR about getting you listed on his insurance benefits. If your husband has a credit card, tell him to add a supplemental card in your name so that your name starts showing on statements. If possible, open a joint bank account as soon as possible. If you husband is renting, see if he can get you added to the lease. If you are ultimately unable to provide ANY kind of proof that you are living together and dont want to wait to accumulate some, you have two options: you can either 1) write a letter stating all of your circumstances on why you cannot or do not have the appropriate amount/type of proof required, and what you will be doing while the application is in process to start creating a conjugal relationship (meaning combining finances, and creating a more married-like relationship) now that you are reunited with your husband.

OR

2)You can apply as outland and live in Canada with your husband while the application is being processed. Since this class doesn't require proof of combined finances and lives, you wouldn't need to provide things like join bank account proof or a lease with both of your names on it. Instead you'll need to provide proof that your relationship is genuine, which, with a kid that your husband is the father of, will not be hard at all.

The key to your application, especially if common-law, if you go down the common-law IN CANADA route is the proof of you co-habitating. Start compiling EVERY document you can that proves you live at the same address. Even separate documents that show same address submitted together works.

 

[canuck_in_uk]

I am residing in Canada on visitors status and am originally from the UK. My partner is Canadian and we are in a common law relationship and have been cohabiting for over a year. I am applying for residency and also a work visa however, I am confused as to which class to apply for. It seems that I am legible for both Family class and Spouse or Common-law partner in Canada class. Can someone please outline the key differences and why they might be beneficial? Also if anyone knows if one is likely to get granted faster than the other or it really is just case by case. Thanks so much for your time

Family Class = outland.

In Canada Class = inland.

Some of the basics:

If you want to apply for a work permit with your sponsorship app, you must apply inland; note that the processing time for OWPs is 4-5 months and may increase due to the pandemic delays. Outland apps are generally faster, though no one knows if that will stay true with the pandemic delays. Inland apps require you to live together in Canada throughout the whole process; outland apps have no such requirement.

 

[heathnick94]

Family Class = outland.

In Canada Class = inland.

Some of the basics:

If you want to apply for a work permit with your sponsorship app, you must apply inland; note that the processing time for OWPs is 4-5 months and may increase due to the pandemic delays. Outland apps are generally faster, though no one knows if that will stay true with the pandemic delays. Inland apps require you to live together in Canada throughout the whole process; outland apps have no such requirement.

Thanks so much for the info. I am living in Canada now and won't be going anywhere at this time anyways so I will apply via inland/Canada class. Do you know if you are allowed out to make a trip home for a week or two during the inland process or you have to stay completely in Canada until the process has finished? Thanks again

 

[canuck_in_uk]

Thanks so much for the info. I am living in Canada now and won't be going anywhere at this time anyways so I will apply via inland/Canada class. Do you know if you are allowed out to make a trip home for a week or two during the inland process or you have to stay completely in Canada until the process has finished? Thanks again

You can leave but re-entry is never guaranteed. If refused, your inland app is abandoned.