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Sponsorship common-law partner, questions

Mlneron

Full Member
Jan 11, 2013
25
0
Hi everyone,

We are a couple who are actually in Australia and thinking about applying to sponsorship common-law partner Visa (PR) and open work permit.

We have been together for a year and half but due to Visa issues we have been living apart for couple of months. We have proof that we were in contact and our relationship was continuous.

I am from Canada and I want to sponsor my boyfriend who is from Australia. We are both currently in Australia and we thought applying from here would be easier and faster. We already done some steps of the second stage sponsorship Visa, medical and police check record thinking it would help and goes quicker.

We have been looking and searching and to be honest it's a lot confusing.

We have some questions that we would love to be helped with.



Here's some question as if we apply OUTSIDE Canada;

1 - Applying from Australia is it faster and better ?

2 - Can we apply for a open work permit, if we apply from OUTSIDE Canada?

3 - Is my boyfriend able to come to Canada as a visitor while his PR (sponsorship Visa) is processing ?

4 - Once first stage has been approve can we enter Canada or it doesn't matter ?




Here's some questions as if we apply from INSIDE Canada;

1 - Can we apply from INSIDE Canada if my boyfriend is on a visitor Visa.

2 - Once first stage has been approve can he apply for a open work permit while he is on a visitor Visa INSIDE Canada?

3 - Applying from the INSIDE, is he able to travel or leave the country while his PR is processing ?

4 - Applying on a visitor Visa does he get a bridging Visa while is PR is processing ? If yes, is he able to apply for a open work permit ?


And finally, would you recommend to go see an immigration lawyer ?

Thanks a LOT for your help
,

Marie-Lou Neron.
 

scylla

VIP Member
Jun 8, 2010
68,364
10,065
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Outside:

1 - It's really up to you.
2 - No.
3 - Yes.
4 - It doesn't matter.

Inside:

1 - Yes.
2 - Yes.
3 - No. Leaving is a bad idea since if he's refused entry into Canada for any reason, his application will be deemed abandoned and he will be refused.
4 - I don't understand this question. He will qualify to apply for an open work permit once the application receives first stage approval. This is currently taking approximately six months.
 

Rob_TO

VIP Member
Nov 7, 2012
11,450
1,546
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
1 - Applying from Australia is it faster and better ? - YES! Definitely faster than inland. 50% of all partner/spouse cases through Sydney are done in a max of 9 months (most are quicker) vs inland rate of around 1.5 years... and approval rate outland Sydney is 95%. But there are pros/cons to each... you need to see which is better for your particular case.

2 - Can we apply for a open work permit, if we apply from OUTSIDE Canada? - Not an OWP, jsut a regular Aussie work visa. But applying outland, i don't think work permit has anything to do with the PR application. You would just apply as normal (i think its pretty easy to get a 1 year work permit here from Australia).

3 - Is my boyfriend able to come to Canada as a visitor while his PR (sponsorship Visa) is processing ? - Definitely.

4 - Once first stage has been approve can we enter Canada or it doesn't matter ? - You can come anytime under a visitor visa. Just don't say you are coming to "live" here or anything like that. Until you get the PR, he can only visit, study or work depending on permit.




Here's some questions as if we apply from INSIDE Canada;

1 - Can we apply from INSIDE Canada if my boyfriend is on a visitor Visa. -Yes, provided you are both living in Canada at the time you apply.

2 - Once first stage has been approve can he apply for a open work permit while he is on a visitor Visa INSIDE Canada? - Yes, you can get an OWP after stage 1 with Inland... usually after 6 months or more.

3 - Applying from the INSIDE, is he able to travel or leave the country while his PR is processing ? - It is not recommended, as if for any reason he was denied entry back to Canada the entire application process would need to start over from scratch.

4 - Applying on a visitor Visa does he get a bridging Visa while is PR is processing ? If yes, is he able to apply for a open work permit ? - Not sure here.


And finally, would you recommend to go see an immigration lawyer ? - IMO, NO!! If your case is pretty straightforward a lawyer or consultant is not really needed. They are expensive, can't speed up the process whatsoever, and if you use them as middle-man to CIC it can actually slow things down.
 

scylla

VIP Member
Jun 8, 2010
68,364
10,065
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Rob_TO said:
2 - Can we apply for a open work permit, if we apply from OUTSIDE Canada? - Yes, but applying outland, i don't think work permit has anything to do with the PR application. You would just apply as normal (i think its pretty easy to get a 1 year work permit here from Australia).
The open work permit is tied to the type of sponsorship application they submit. If they submit an outland application - no open work permit. If they submit an inland application - open work permit after first stage approval.

The boyfriend might qualify for a working holiday visa if he's the right age and meet the other requirements for the program.

Otherwise if he wants to work before he has PR and has applied outland, he'll need a job offer in Canada, an approved LMO from his employer and an approved close work permit.
 

Rob_TO

VIP Member
Nov 7, 2012
11,450
1,546
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
scylla said:
The open work permit is tied to the type of sponsorship application they submit. If they submit an outland application - no open work permit. If they submit an inland application - open work permit after first stage approval.

The boyfriend might qualify for a working holiday visa if he's the right age and meet the other requirements for the program.

Otherwise if he wants to work before he has PR and has applied outland, he'll need a job offer in Canada, an approved LMO from his employer and an approved close work permit.
Yep, saw that and quickly edited... misread the OWP for just a general temporary working visa ! I've met quite a few Australians here and apparently getting a 1-yr work permit isn't all that difficult... though of course no idea on the OPs particular situation.
 

Mlneron

Full Member
Jan 11, 2013
25
0
A BIG thanks for your help guys !!!

It's so helpful and really nice from you to help us out !

So we've decided we will apply from INSIDE Canada.

Which forms do we have to get for application inside Canada, work permit and visitor visa extension?

Thanks again everyone
 

Rob_TO

VIP Member
Nov 7, 2012
11,450
1,546
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Mlneron said:
So we've decided we will apply from INSIDE Canada.
Just make sure to note, even if you are both living inside Canada you can still apply outland through the Sydney office. Most people choose this route because it's quicker, and you are free to travel outside Canada for whatever reason during the application process. Make sure to research the 2 options you have, and choose what is best.
 

Mlneron

Full Member
Jan 11, 2013
25
0
If we want to apply from INSIDE Canada, where do we find the open work permit application to put with our sponsorship application ?

Thanks.
 

figgy

Star Member
Jan 10, 2012
159
4
Toronto, Canada
Category........
Visa Office......
Sydney
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
AOR Received.
24-09-2012
File Transfer...
24-09-2012
Med's Done....
23-06-2012
Passport Req..
10-12-2012
VISA ISSUED...
10-01-2013
LANDED..........
12-01-2013
@ mineron

Is your boyfriend under 30? If so he can get a working holiday visa that's what my boyfriend came here on and started working straight away then we applied outside Canada through the Sydney office and get got his PR after 6 months!

Make sure you really look into applying inland vs. applying Outland. Outland is waaaay faster and Sydney is one of the fastest visa offices! Also inland u can't appeal if he is rejected and also he can't leave canada at all during inland process which can take up to24 months I have heard.

From what I have gathered on here people from visa exempt countries rarely do inland since the Outland is so much quicker. But u might what to read some more threads

There is a super helpful Sydney thread u should check out. Good luck with everything!

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-applications-through-sydney-australia-office-t46958.570.html
 

Mlneron

Full Member
Jan 11, 2013
25
0
He is 35 so he can't get a working holiday.

He can afford being in Canada and not working for a year, he has been saving money. We thought it would be good, to get a bank account, and a lease together to put in our application.

It says online that after the first stage approval INLAND application (6months) he can actually get his open work permit visa. You just need to put a work permit form in your application... we thought it would be best. We knoe it takes longer inland but we would have more proves.. can we apply outland while he is in Canada?

what do you reckon?
 

SchnookoLoly

Champion Member
Mar 5, 2012
1,147
78
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25 Jan 2012
File Transfer...
24 Apr 2012
Passport Req..
26 Jun 2012
VISA ISSUED...
21 Aug 2012
LANDED..........
08 Dec 2012
Yes, you can apply outland while he's in Canada.

It's true that he can get the OWP after first stage approval, which as you said is 6ish months... however if you apply outland through Sydney, he could have full PR in that time (as has been said, max is about 9 months, often much faster) which makes life much easier.
 

Mlneron

Full Member
Jan 11, 2013
25
0
We thought it would be better and faster do to that so that must be the better option. We want to get an apartment together as well, would it be a good idea ?

We are just a bit confused about which address to put in the application. If we get a lease i guess it would be a good idea to put that one in.

Thanks.
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
Mlneron said:
We thought it would be better and faster do to that so that must be the better option. We want to get an apartment together as well, would it be a good idea ?

We are just a bit confused about which address to put in the application. If we get a lease i guess it would be a good idea to put that one in.

Thanks.
Yes, apartment together is a good idea.

Put your current address in Canada on the application. You can update it later.
 

Sweden

VIP Member
Mar 31, 2012
4,186
178
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
12/04/2012
File Transfer...
13/07/2012
Med's Done....
02/02/2012
Interview........
Waived
Passport Req..
Exempt
VISA ISSUED...
05/11/12, received in Canada 19/11/12
LANDED..........
24/11/12, PR card received 30/01/12
Mlneron said:
We thought it would be better and faster do to that so that must be the better option. We want to get an apartment together as well, would it be a good idea ?

We are just a bit confused about which address to put in the application. If we get a lease i guess it would be a good idea to put that one in.

Thanks.
Outland is almost for sure a faster option in your case as you're going through Sydney. If you have a straightforward case and a well-prepared application with all the documents, you could be done by the time you would get the first approval for inland. Plus your partner can travel in and out of Canada if needed (family emergency etc, which is not the case for inland).

You can get a lease together and put both names on it, and use that as a proof of relationship. if you're applying as common-law, you'll need to prove that you have already lived together for 12 months ( not necessarily in Canada, anywhere would work), and you can also include the new lease with both names to show that your relationship is on-going. If you're in Canada when applying, you can put your Canadian mailing address, and a residence in Australia if you want. You can also add an explanation that you are currently in Canada, and your bf is staying with you ( just don't say that you have moved to Canada as he is only a visitor in Canada until his PR is approved - but he can still be on the lease, and have his canadian address as a mailing address, no problem).

Good luck,
Sweden