How best to see each other during spousal PR sponsorship process?

[can_in_phils]

I'm a Canadian citizen living in the Philippines. My common law partner is Filipino. We've been living together for three years (can prove it). Now, I've been offered a job at home in Canada and we want to take it and start the immigration process for him to receive permanent residency.

I have some questions about when he can come during the process, visiting, etc.
Apologies if these are basic that have already been answered on the forum. Please send links if you have a thread to direct me to The forum is full of great info.

Our key concerns are about not being separated for too long, at least not without a longish visit in there somewhere (we want to start a family and you can't do that without being together! haha) and the best way forward for him to be able to continue work and earn incomes while waiting. My questions:

1. He has a work here that can help him save money and get prepared for moving, so it seems best to apply outland so he can stay in Manila and continue to work while the application goes through processing. From what I understand that is only possible as outland application, correct? If he is 'inland' he needs to be in Canada and can't work, leave, etc? I think as inland you can get an open working visa, but that still takes months and he would have a hard time finding a job i think for a while - so best to stay in manila and work we thought.

2. I understand from reading threads that it is hard to successfully get a visitor's visa while also being an applicant for permanent residency as they think you will overstay. Advice please on the following two options for us (see above, don't want to not see each other for the year or more it might take to get PR):
- he currently has a multiple entry visa for canada valid until june 15. if we submit the PR application in January (i understand his current visa is not canceled), he could come to visit in May and then apply to extend the visa? how long is the extension granted? it would be best if we could get a multiple entry again so that he can visit but still be able to work in manila until PR comes through

-another option i was thinking - before we submit PR application, we reapply for a new visitor's visa for him, let's say in January. If it is approved he would then have a visitor's visa valid for all of next year with multiple entry (apparently that is the default here in Manila at the processing centre now) THEN we file the PR application. BUT the big risk is that he doesn't get approved and then he has no visa at all because they cancel the old one when you apply. We wouldn't have a flight booked like we did last year when we got the visa, but would say that we want again to visit in the summer (july august) and his visa expires in June so we want to get the process finished?

Of course, I can visit him in Manila, but we truly would like to have time in the summer in canada together and with my family here.

3. Just to be clear on the steps - it is not until he has actually been approved for permanent residency (the second stage after my sponsor approval) that he can actually come to Canada, right? Is there any interim visa offered or contingent way to travel while waiting (I guess just the visitor's visa?) ?
I guess we are just worried that we start the process, I move back to take this job and then we end up in limbo land for years and how can we start a family then...

Thank you for any light you can shed.
So many decisions!

 

[Buletruck]

1) Personally, I would apply outland, just for the appeal benefits that it allows. And it's usually a shorter wait than inland applications. He can also travel while you wait for the processing.

2) If he's got a visitors visa already, I would consider applying for a new one (you're only 6 months from the expiry of the current one). most TRV's are now 5 year multi entry, particularly if you have travel history and haven't overstayed.

3) He can come and stay in Canada while you apply outland. We came back in May (me Canadian, she is Indonesian) with her 5 year multi entry. We renewed her passport prior to returning and applying for the visa to ensure it would cover any delays. Once we were here, we applied outland. Applied June 17 and landed as a PR November 27 (Singapore VO). We applied for an extension just prior to November, in case there were any delays.

 

[can_in_phils]

Thanks for the tips.

So you guys applied for a new visa before starting the PR application? or did your partner already have an existing visa?
Do you have to request a 5 year multiple entry when applying?
The visa centre here last time said we can't request - they just give us based on our travel dates, but in the end they gave a one year multiple entry.
I'm just worried that since we won't have a plane ticket when applying this time for a new visa and my job circumstances will have changed, it won't be as easy to get a new visa for him. Did you have a ticket before applying for the 5 year visa?
If we could get a 5 year visa that would be alot of stress off!

Wow - so your whole process only took 6 months for both sponsor approval and PR granting? That is really short compared to what I've been looking at - upwards of 15 months in the Manila office.

Are we allowed to request any office for outland processing or just the home country?

 

[Buletruck]

I wanted to have all my ducks in a row before we applied for the PR. Her passport only had 6 or 7 pages left, so we had her apply for a new one, based on the travel history she had and the expiry the following year. We then got the new 5 year visa (and I'm pretty sure that is the standard they offer now), using her travel to Canada previously, along with other countries as proof she wouldn't overstay. Probably helped that I was working overseas at the time, so apply for it before you leave.

We did have a flight booked, although all we did was print out the ticket and cancel it right away. Should be no penalty for doing that on someone like Air Canada if it's done within 24 hour (depending on the ticket class....read the fine print). However, when he comes, he needs to have a valid return ticket. Make sure you get one that you can change dates if necessary.

If you are looking at the CIC website for processing time, they are an average. Manila is currently showing 16 months to process family class. Singapore, on the other hand is 27 month, but we were done in 6, and that included a delay due to submitting a police clearance from the RCMP in Canada (she had been in Canada more than 6 months total on various visits). Don't let the numbers scare you. Pretty sure that if you've got a straight forward case, the processing will be done much quicker that what's listed.

Once you apply outland, CIC determines which office will process your application. Not much choice there.

 

[NadiaVan]

If you are looking at the CIC website for processing time, they are an average. Manila is currently showing 16 months to process family class. Singapore, on the other hand is 27 month, but we were done in 6, and that included a delay due to submitting a police clearance from the RCMP in Canada (she had been in Canada more than 6 months total on various visits). Don't let the numbers scare you. Pretty sure that if you've got a straight forward case, the processing will be done much quicker that what's listed.

Once you apply outland, CIC determines which office will process your application. Not much choice there.

Wow they got your wife's PR done in 6 months! That is very nice. My husband and I wanted to avoid the Singapore office because we thought the processing time is too long and he has to be back in Canada to start working. So we came to Canada and applied inland. We only been together for 3 years (married 2 years, 1 year before married). No kids. We stayed with each other the whole time in Asia and NZ (we were travelling). Maybe our case is strong enough(?), but still cannot wait that long outside of Canada.

 

[Buletruck]

Maybe our case is strong enough(?), but still cannot wait that long outside of Canada.

Based on some of the feedback I got here, our case was really weak. We lived together only briefly in Indonesia (external influences), I then went to Thailand to work , and because we aren't married, she couldn't stay longer than 30 days in Thailand, so there were gaps (2-3 weeks sometimes) in some of the timeframe to allow common law applications. No joint bank account, very few picture (relative to what I have seen people supply on the forum...I hate having my picture taken!!!), un-notarized letters from family and friends (call them and ask them if you have doubts about their letters was my feeling). But we did have extensive travel history together, 3 Canadian visa applications, a US visa application and an Australian that reference me as the sponsor/provider or as the travel companion and an excellent record of never overstaying anywhere.

When we applied outland, she stayed here the whole time. Similar situation where I had to come back to work.

 

[yvr1234]

So did you and your partner live together continuously for 1 year?
This is the minimum to qualify for common law.

 

[Buletruck]

We did....there is the interpretation that to be common law, you can't spend any time apart more than a week or so. That actually isn't true, as they allow you to travel for work if it's part of your employment (for the sponsor at least). And CIC seems to agree.

 

[NadiaVan]

Based on some of the feedback I got here, our case was really weak. We lived together only briefly in Indonesia (external influences), I then went to Thailand to work , and because we aren't married, she couldn't stay longer than 30 days in Thailand, so there were gaps (2-3 weeks sometimes) in some of the timeframe to allow common law applications. No joint bank account, very few picture (relative to what I have seen people supply on the forum...I hate having my picture taken!!!), un-notarized letters from family and friends (call them and ask them if you have doubts about their letters was my feeling). But we did have extensive travel history together, 3 Canadian visa applications, a US visa application and an Australian that reference me as the sponsor/provider or as the travel companion and an excellent record of never overstaying anywhere.

When we applied outland, she stayed here the whole time. Similar situation where I had to come back to work.

Really appreciate this insight. The only thing that bother us is if in case of emergency and we have to go back to Malaysia and possibility of border officer not letting me back in is the main concern, which will void our inland application. But of course, there's outland application. Somehow this makes me feel less stress.

Maybe Singapore office is more familiar with stories of Canadians meeting their significant others while travelling/ working in South East Asia. Well, hopefully all is well with the office here too.

 

[NadiaVan]

We did....there is the interpretation that to be common law, you can't spend any time apart more than a week or so. That actually isn't true, as they allow you to travel for work if it's part of your employment (for the sponsor at least). And CIC seems to agree.

One thing I have to ask, which address that you guys use in your application? Do you put Canadian address on the residential/mailing address?

 

[Buletruck]

We used her parents address as her home address, but my/our Canadian address as the mailing address. We signed up for e-mail notifications, so we never received anything by mail. When we got the COPR, we submitted the passport to Ottawa CPC for the visa....took about 3 weeks to get it back from Ottawa (you send them a Expresspost envelope with the address you want it sent to in Canada)

 

[NadiaVan]

We used her parents address as her home address, but my/our Canadian address as the mailing address. We signed up for e-mail notifications, so we never received anything by mail. When we got the COPR, we submitted the passport to Ottawa CPC for the visa....took about 3 weeks to get it back from Ottawa (you send them a Expresspost envelope with the address you want it sent to in Canada)

Very nice to hear about your story. Heads up for the new year. May everything work well for everyone!

 

[can_in_phils]

Thanks for the insights.
Very helpful.
I think we will be applying for a new visa first thing in the new year and hoping that comes through fine. Then we will file the outland application as soon as we can after that.

Happy New Year

 

[truesmile]

How about passport? While 5 year M/E visas may be the standard, your M/E visa (if approved) will only be valid up to the "valid until" date of the passport provided. Just a thought. No where on the thread is this point mentioned.

 

[can_in_phils]

Thanks truesmile

He got his passport renewed before we applied for the visitor's visa last year, so it is valid until April 2020. That's why I'm wondering why he didn't get a 5 year visa last year with a new passport and was only given 1 year? Maybe because we just indicated one trip in our travel IT?

There seems to be no way to ask for a certain time frame on the visas - depends on the visa officer's discretion.