Leaving Canada to US before applying for PR

[TracyCa64]

Hello there,

I was hoping someone might be able to answer this question for me.
I am a US citizen and have been living in Canada for a year on April 27. I will be considered "Common Law" with my Canadian boyfriend.
I had always planned on going back to California for my son's graduation and recently my Mother has become ill so I need to see her as well why I am back there. I will be gone for about 6 weeks. I had originally planned on sending out my PR before I leave on my trip but now I am thinking it might be easier to wait until I get back.
Here is my question: If I leave before I apply will my "Common Law" status become null even though we did live together for a year? I know that they may question why I left at the border upon my return, but I will just be honest and let them know. But my main concern is that I will lose the "Common Law" and have to start over again. I probably have time to send out my PR application before I leave but it will feel rushed and also I probably won't get back the FBI letter in time. My stomach is in knots over this. I wish it all could be easier.

I am for sure leaving on May 31 as my "visitor" status ends on June 1, 2015. I knew I would be leaving so I wasn't worried about my "visitor" status ending.

Thank you in advance for any help.
Hugs & Smiles!

 

[Ponga]

Once you reach the required 1 year cohabiting requirement, you're Common-Law. That doesn't go away, if you...go away, BUT...you will need to show that the relationship has continued. The longer you stay apart (physically), the more difficult it can be to prove this to CIC, so in your case you should be fine. There's no reason to wait to submit your Outland application, so do it as soon as you can (after April 27th, obviously). Unless you really need the Open Work Permit that is available for an Inland applicant (takes ~ 4 months to receive), there's no point in applying Inland because the processing time is substantially faster with an Outland application (~ 6-8 months versus over 2 years for Inland).

The Outland application can be submitted while you are in the U.S. and you then return to Canada (as a visitor) while you await your PR approval. This is very common and most Americans have little trouble doing this. Having proof that you have submitted your PR application will be beneficial, but you may need to show that you understand that you are not allowed to `move' to Canada yet, and that you have strong ties back to the U.S. (job, home, bank account, etc.) but it will depend on the border officer that you encounter when returning to Canada as to how many `hoops' you need to jump through.

Good luck!

 

[Rob_TO]

To support what Pongs has just said, read here:
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a commonlaw
relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such as visits,
correspondence, and telephone calls.

 

[canuck_in_uk]

I had originally planned on sending out my PR before I leave on my trip but now I am thinking it might be easier to wait until I get back.

Don't wait until you get back. If you can get the app completed before you leave, send it. Or send it when you are in the US. CBSA is generally more lenient with those who already have a sponsorship app in process.

 

[TracyCa64]

Thanks to you all for your comments. It's good to know that the Common Law does not have to start over if we are apart.
It makes sense to send my PR before I leave for my trip or send it while I am in the States.

I am a little worried about my fingerprints being rejected by the FBI. I had them taken at our local Police Dept and they had trouble
getting good prints. I didn't have the lines in the prints that the FBI might be needing. It was taken live scan and then printed out so it isn't even on the FBI card that was stated that they needed. I guess if they come back I can just get more taken while I am in the States, but I know it will delay me sending out my PR application. It's all so overwhelming!

Thanks again!! I love this Forum, it has helped me soo much.
Have a great day!!