Overwhelmed.. where do we start?

[CarrieLeigh]

Hi Everyone!
I'm hoping for some help here with where to start our sponsorship / immigration stuff. Here's a quick back story.

- I'm Canadian born, and should have my Option C printout any day now. No criminal record, never been on Gov't assitance etc.
- My Common-law is Aussie born, and also has no record. He's here on a work visa
- We've been living together for almost 3 years, and have no children. We've been pregnant twice but had a stillbirth and a miscarriage.
- We will be applying in-land

So.. do we send in the sponsorship application first? Or does everything go in together? I've got most things compiled already, basically just have to hit "print" and our applications will be ready to go.

Also, is it better to apply as common-law, or as a married couple? We do plan on getting married some day, but there's no rush for us to.

Do you have any tips for us?

Thank you for the help

 

[rjessome]

No, it's not better to be married since you've met the requirement for common law.

Why inland? Sydney, Australia is one of the fastest visa offices with files processed between 3 and 8 months. It will take 8 months to get first stage approval for inland. Your partner could be a PR by then or very shortly thereafter.

 

[RobsLuv]

Everything goes in together. You need to be sure that you also include an application to extend his work permit WITH the inland PR application. That protects his status during the 7-8 months before CPC-V will look at the application to assess it for first stage approval, and it allows your partner to continue working under the terms of his current work permit, even after it expires. DON'T skip this piece.

As far as common-law vs married: when you're married you have less of a "burden of proof" as far as qualification to apply because the marriage licence is the only proof you need of eligibility. When you apply common-law you have to be sure to include proof of your qualification as common-law partners, i.e. proof of your at least one year of continuous co-habitation, as well as the proofs of your "genuine" relationship.

 

[CarrieLeigh]

Hmm. Would we have to travel to Sydney for interviews etc? We were just doing inland because, well, we're here.
Could we still mail it from Canada?
Sorry for all the questions, I am just very flustered by all of it.

 

[CarrieLeigh]

Everything goes in together. You need to be sure that you also include an his work permit WITH the inland PR application. That protects his status during the 7-8 months before CPC-V will look at the application to assess it for first stage approval, and it allows your partner to continue working under the terms of his current work permit, even after it expires. DON'T skip this piece.

As far as common-law vs married: when you're married you have less of a "burden of proof" as far as qualification to apply because the marriage licence is the only proof you need of eligibility. When you apply common-law you have to be sure to include proof of your qualification as common-law partners, i.e. proof of your at least one year of continuous co-habitation, as well as the proofs of your "genuine" relationship.

He is on a "WHP" visa, and they're not extendable. They're only valid for 2 years, and to Aussies under the age of 30. We can apply for a new Visa for him, which we were planning on doing. That buys us another 2 years.

 

[rjessome]

Everything for an outland application gets mailed to CPC Mississauga. After you are found to be eligible to sponsor, they will send it to the visa office in Sydney. Interviews are normally signs of red flags in a relationship, something to make CIC doubt the genuineness of it or think that it was only entered into for the purposes of obtaining immigration to Canada. If the bona fides of your relationship are strong and your application is well presented, then the likelihood of an interview is slim. However, if there are issues and red flags, the chances of an interview increase significantly. If your partner was initially admitted to Canada for at least one year, you could also apply through Buffalo.

Rob's luv is right about everything she posted. Follow her advice to the letter if you decide to continue with inland processing.

 

[RobsLuv]

He is on a "WHP" visa, and they're not extendable. They're only valid for 2 years, and to Aussies under the age of 30. We can apply for a new Visa for him, which we were planning on doing. That buys us another 2 years.

In that case there is no advantage to applying inland. I would suggest that you apply outland - he can apply to change his conditions to a visitor when his WHP visa is expiring and that would keep him in Canada as a tourist. If an interview was required, he'd have to attend in Sydney, but an interview is not a "given". If applicants include enough proof of your genuine relationship AND your common-law qualification, interviews are frequently waived.

Read through Sections 5.25-5.26 and 5.34-5.37 of the OP2 Processing Manual for information about what they look for in terms of both c/l qualification and "genuine" relationship so that you can submit an application that gives you the best chance of avoiding an interview and benefitting from quick processing. Sydney is currently finalizing spousal and c/l aps in 3-8 months, plus about 45 days first at CPC-M for the sponsor's assessment before the file is transferred overseas. Inland will take at least 7-8 months to first stage, plus another 6-12 months after that to finalize.

 

[CarrieLeigh]

Thank you SO much for all your help.

One last question - is there a fair bit of notice given if an interview is required? Just to arrange for travel times.
I'm not too worried about providing proof of relationship I've got e mails dating back to 2003.

 

[RobsLuv]

Yes, I believe there is a fair bit of notice for an interview - probably at least a month.

 

[HoneyBird]

i think the outland application forms are different from the inland application forms and therefore you should double check it.