Spousal entry or Express Entry?

[kizrana]

I was given a IEC visa for 2 years (I am from UK), this expired May 3rd 2019. In November 2018 I applied for PR via EE. This was refused May 29th 2019 due to NOC code error.
I left Canada (for 10 days) for pre existing plans that I had in the UK. I have now returned and at immigration I entered through the machines and stated that I am here until September as I am returning to the UK for a few days for family reasons. I intend to return back to Canada.

My question I want to re apply for PR but I need to establish the best route. One option is that I re try EE and get my NOC info in order and points dependent I re apply.

Second is I go through Spousal as my fiancé is a Canadian Citizen.

Few points to mention. I am not working as I am not permitted to, I would like to start work again ASAP, without having to return back to the UK. Secondly I applied for a bridging visa whilst my PR was in process I have still not received a decision on that but I am assuming that it is invalid anyway due to my decline.

 

[Hurlabrick]

I was given a IEC visa for 2 years (I am from UK), this expired May 3rd 2019. In November 2018 I applied for PR via EE. This was refused May 29th 2019 due to NOC code error.
I left Canada (for 10 days) for pre existing plans that I had in the UK. I have now returned and at immigration I entered through the machines and stated that I am here until September as I am returning to the UK for a few days for family reasons. I intend to return back to Canada.

My question I want to re apply for PR but I need to establish the best route. One option is that I re try EE and get my NOC info in order and points dependent I re apply.

Second is I go through Spousal as my fiancé is a Canadian Citizen.

Few points to mention. I am not working as I am not permitted to, I would like to start work again ASAP, without having to return back to the UK. Secondly I applied for a bridging visa whilst my PR was in process I have still not received a decision on that but I am assuming that it is invalid anyway due to my decline.

I can't answer your EE option.

As regards spousal sponsorship - two routes, common-law or married.

Have you lived continuously with your fiancé for 12 months and can prove it (refer to CIC website for the sort of proof they need)? If so, the you could go common law. If not, then you would somehow have to live with fiancé for 12 months continuous, I assume from now (a few days trip back to the UK would not be a problem)! Once you can PROVE 12 months, THEN you can apply Inland Spousal sponsorship and an OWP at the same time. OWP would then take 4 - 5 months to come through and spousal about 12 months. That is a whole lot of time not working!

OR

Get married and apply inland and for an OWP - you would not be able to work until you got the OWP

OR

Get married and return to the UK and work there and apply Outland. Would take 12 months and could NOT also apply for an OWP (can only do this if you are inland).

If not, then your only o

 

[kizrana]

Thank you.. I think some of you response was cut off?

We are planning to get married in July anyway so that must be the best option as we have been living together for 10 months.
If I was to apply inland as well as OWP would I have to remain in Canada for the whole duration?

 

[Hurlabrick]

Thank you.. I think some of you response was cut off?

We are planning to get married in July anyway so that must be the best option as we have been living together for 10 months.
If I was to apply inland as well as OWP would I have to remain in Canada for the whole duration?

Well then spousal sponsorship as married is your obvious route. Yes, you SHOULD remain in Canada, at least until you get the OWP and even then only short trips (2 weeks-ish) out of Canada. The issue being that if for any reason you are refused re-entry to Canada, your sponsorship could be deemed to have been abandoned and would get rejected by CIC.

OR

You could go back to the UK after the wedding, work there and apply outland from the UK. Take 12 months for approval and you could NOT apply for a Canadian OWP.

If you are getting married in Canada, it can take several weeks for your marriage certificate to arrive and you cannot send in the papers without this, so do what you can to expedite the certificate (ask the officials what is possible).

 

[kizrana]

This is great information. Thank you.
Do you know how long an OWP would take to approve?

 

[scylla]

This is great information. Thank you.
Do you know how long an OWP would take to approve?

Four months.

 

[kizrana]

So just to be clear as long as I have applied inland I would be permitted to stay in Canada?

 

[Hurlabrick]

So just to be clear as long as I have applied inland I would be permitted to stay in Canada?

Yes.

Some reading for you:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada

and

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

 

[kizrana]

Yes.

Some reading for you:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada

and

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

Thank you