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thestormtrooper

Full Member
Oct 30, 2019
42
15
Hi,

The more I research, the more confused, anxious, and unsure of everything I become. Which it's safe to say is making we feel quite down. However, I do learn a new acronym every few mins.

Myself (Scottish) and my partner (Canadian Citizen) are currently compiling our application to apply via Common Law (and an Open Work Permit at the same time). We just want to make sure we're not missing an obvious alternate route? is it possible to apply via more than one? Common Law and Express Entry at the same time?

I've split this long post into two sections, section one about potential options, and section two about potentially travelling home?

SECTION ONE

Common Law (and Open Work Permit)

I've been in Canada for almost 18 months, we've lived together the whole time. Can prove the last 10 months in the home we bought together (May 2020 onwards). The previous 2 months before the house purchase (Feb-Apr 2020) of the last 12 we'd be relying on a notarised letter from her mum stating we were living with her while we looked for a suitable house and saved enough funds to buy our own. It's also the address I received my extension approval at.
While living together we have in either my name or joint names: home internet, my name on my partners benefits, joint credit cards, joint bank account, home internet, my cell phone, water and waste bill, money transfers between us, 4 years of photos while in Scotland, Canada and abroad while together and with family and friends. As well as a few other documents and things I can't remember at the moment.

Express Entry
Someone had suggest I can apply for Express Entry at the same time? The things I have going for me with regards to this are; I'm a native English speaker, I have a Masters in IT, and I have work experience which I believe is classed as NOC B. Web site management via a database system.
Against me... which leads me to think I'd be wasting my time? I'm 42, age seems to be the biggest negative to my score. I'll be 43 in June. I've no previous Canadian work experience. So I believe if I get my Masters verified, and I ace an English test I'd be looking at a score of 399 which doesn't seem high enough to apply with no Canadian work experience?
I'd seen some recent low acceptance scores for PNP Alberta (where I am) however, they seem to apply to applicants with previous Canadian work experience only.

Study Permit
I know nothing about this, or if it is even an option? I wouldn't want to spend a fortune on another University course, but I'd happily investigate carpentry, welding, or a similar trade if the course was more affordable and an option that would allow me to stay in Canada.

Marriage / Spousal
If possible we'd like to avoid this option for now as we'd rather not get married at the moment as it would seem or feel like we'd only be doing it for visa reasons, and would prefer to pursue in the next couple of years on our own terms. As far as I can see the application for Common Law and Spousal seems very similar with Common Law requiring a bit more proof of co-habiting, but similar processing times and everything else.

SECTION TWO

Travelling Home?

Initially our plan was for me to be here for 6 months, then return home to sort a few things, then investigate moving to Canada. However, the whole pandemic thing happened and things changed. We bought a house, decided to go for a Common Law application, extended my visitor record. I have another extension in at the moment to cover last November to this May, but I've had no response on it yet. Processing times are longer than the 6 months I asked for...

My mother has been very ill in Scotland and in hospital, and I've not been able to visit her which is hugely concerning. In an ideal world I'd like to go home for 5-6 weeks in June/July to see family, sort some things at home, potentially get a vaccine? and to enable driving again in Canada for another year (on a visitor visa they remove the right to drive after 12 months, leaving and returning would reset it).

Currently the UK Foreign Office suggests I stay in Canada, I also couldn't afford to currently get back into Canada with the hotel stay and quarantine, if I'd even be allowed to attempt a trip home?!

Most applications seem to recommended you stay in Canada, no guarantee of getting back as a visitor while an application is in progress? which makes this all very confusing and stressful. I'd rather have the option of visiting home and not being restricted to only Canada. I've been here for almost 18 months, and an application may take a year or longer, 3 years without seeing family will be incredibly tough.

If we go with the Common Law application, which seems the most logical? with current processing times it means I'll potentially have been in Canada 2-3 years while not allowed to work, drive, have any health cover, etc.

Sorry for the very long post, in truth it could probably be ten times longer. I'm just so confused and worried about everything.

Hopefully someone can advise/reassure us on our route going forward, and most logical plan of action?

Would also be amazing if anyone could give advice on including a trip home during all of this? if possible as well? (I know this is probably a non starter and seems very unrealistic unfortunately :-( )

Any help and guidance on which would be the most logical route for us to take is greatly appreciated!

Thanks.
 
Hi,

The more I research, the more confused, anxious, and unsure of everything I become. Which it's safe to say is making we feel quite down. However, I do learn a new acronym every few mins.

Myself (Scottish) and my partner (Canadian Citizen) are currently compiling our application to apply via Common Law (and an Open Work Permit at the same time). We just want to make sure we're not missing an obvious alternate route? is it possible to apply via more than one? Common Law and Express Entry at the same time?

I've split this long post into two sections, section one about potential options, and section two about potentially travelling home?

SECTION ONE

Common Law (and Open Work Permit)

I've been in Canada for almost 18 months, we've lived together the whole time. Can prove the last 10 months in the home we bought together (May 2020 onwards). The previous 2 months before the house purchase (Feb-Apr 2020) of the last 12 we'd be relying on a notarised letter from her mum stating we were living with her while we looked for a suitable house and saved enough funds to buy our own. It's also the address I received my extension approval at.
While living together we have in either my name or joint names: home internet, my name on my partners benefits, joint credit cards, joint bank account, home internet, my cell phone, water and waste bill, money transfers between us, 4 years of photos while in Scotland, Canada and abroad while together and with family and friends. As well as a few other documents and things I can't remember at the moment.

Express Entry
Someone had suggest I can apply for Express Entry at the same time? The things I have going for me with regards to this are; I'm a native English speaker, I have a Masters in IT, and I have work experience which I believe is classed as NOC B. Web site management via a database system.
Against me... which leads me to think I'd be wasting my time? I'm 42, age seems to be the biggest negative to my score. I'll be 43 in June. I've no previous Canadian work experience. So I believe if I get my Masters verified, and I ace an English test I'd be looking at a score of 399 which doesn't seem high enough to apply with no Canadian work experience?
I'd seen some recent low acceptance scores for PNP Alberta (where I am) however, they seem to apply to applicants with previous Canadian work experience only.

Study Permit
I know nothing about this, or if it is even an option? I wouldn't want to spend a fortune on another University course, but I'd happily investigate carpentry, welding, or a similar trade if the course was more affordable and an option that would allow me to stay in Canada.

Marriage / Spousal
If possible we'd like to avoid this option for now as we'd rather not get married at the moment as it would seem or feel like we'd only be doing it for visa reasons, and would prefer to pursue in the next couple of years on our own terms. As far as I can see the application for Common Law and Spousal seems very similar with Common Law requiring a bit more proof of co-habiting, but similar processing times and everything else.

SECTION TWO

Travelling Home?

Initially our plan was for me to be here for 6 months, then return home to sort a few things, then investigate moving to Canada. However, the whole pandemic thing happened and things changed. We bought a house, decided to go for a Common Law application, extended my visitor record. I have another extension in at the moment to cover last November to this May, but I've had no response on it yet. Processing times are longer than the 6 months I asked for...

My mother has been very ill in Scotland and in hospital, and I've not been able to visit her which is hugely concerning. In an ideal world I'd like to go home for 5-6 weeks in June/July to see family, sort some things at home, potentially get a vaccine? and to enable driving again in Canada for another year (on a visitor visa they remove the right to drive after 12 months, leaving and returning would reset it).

Currently the UK Foreign Office suggests I stay in Canada, I also couldn't afford to currently get back into Canada with the hotel stay and quarantine, if I'd even be allowed to attempt a trip home?!

Most applications seem to recommended you stay in Canada, no guarantee of getting back as a visitor while an application is in progress? which makes this all very confusing and stressful. I'd rather have the option of visiting home and not being restricted to only Canada. I've been here for almost 18 months, and an application may take a year or longer, 3 years without seeing family will be incredibly tough.

If we go with the Common Law application, which seems the most logical? with current processing times it means I'll potentially have been in Canada 2-3 years while not allowed to work, drive, have any health cover, etc.

Sorry for the very long post, in truth it could probably be ten times longer. I'm just so confused and worried about everything.

Hopefully someone can advise/reassure us on our route going forward, and most logical plan of action?

Would also be amazing if anyone could give advice on including a trip home during all of this? if possible as well? (I know this is probably a non starter and seems very unrealistic unfortunately :-( )

Any help and guidance on which would be the most logical route for us to take is greatly appreciated!

Thanks.

Common law is your best option but unless you have bills in your name with the address and the date during the initial 2 months I would suggest delaying your application for 2 more months. If you apply for inland common law sponsorship plus OWP you are required to remain in Canada. A short visit for 2-3 weeks seems to be overlooked. You will require proof that you are common law and that your partner is a citizen or PR will be required to board a plane back to Canada. Currently you'd need to do the hotel quarantine. It is still unclear when the program may end and whether getting a vaccine may exempt people. You would need around 2 weeks after a vaccine to see the protection.
 
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Hi,

Thanks for the response, was greatly appreciated.

Yeah it seems like Common Law is our best approach. Failing that I'll apply FSW Express Entry and hope for the best.

Hopefully we have enough documents and bills with my name to make it obvious I'm living here, and have been for 18 months.

My visitor extension (which I've had no response to) is due to expire on May 21st and one year of owning the house would be on May 28th. So we're thinking we should apply shortly before my extension would expire so that the letter from my partner's mum would only need to cover a few weeks. By the time they open the application it will be kind of redundant, so hopefully common sense would prevail.

Failing that, we send our application to arrive with them on May 28th, and remove the need for the letter.

We're eager to get some kind of OPW response.

I'll also need to apply for another extension before May 21st, even though I've not heard about the previous extension yet.

Although... I'm hoping if quarantine to arrive in Scotland, and back in Canada is lifted by June I'll hopefully be able to go home for a 2-3 week family visit. I've no intension of going anywhere while quarantines exist.

I've no idea what happens if I submit a visitor extension asking for only a few weeks, then leave the country before a response, and then return (as a new visitor, with all paperwork with me) before the response if that would even be ok? or if I'm basically trapped? (Viktor Navorski)

That probably requires a whole new post of questions...

It's all so very stressful and confusing.