Spousal Sponsorship From Within Canads

[Theodusko]

Hello,

My fiancé and I will soon be moving from China to Canada. She is Chinese, and I am Canadian. She currently has a 10 year multi-entry temporary residence permit, but we want to apply for her permanent residence when we arrive. I'm just wondering if this will work alright? Should we do the outland application (with her in Canada, but applying outland) or is it better to apply inland for Chinese citizens?

Also, we are not married yet, but have been in a common-law relationship for 5 years in China. Will there be any difficulties proving our common law status? Or do we need to be living in a common law relationship inside Canada for a year before it can be accepted? We have some apartment rental contracts with both of our names on them, but they are in Chinese.

Any advice would be welcome. Thanks

 

[Wakki]

common law can be from living together for at least 12 months any where, you just need to prove it.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14

for inland you have to be living together inside Canada......outland, if interview is required, PA will attend likely in China.....either inland or outland processing tales 12 months.

 

[Theodusko]

So it won't be possible to process our common-law relationship in Canada? China doesn't recognize common law relationships so it isn't possible to register here, even through the Canadian consulate. Is there no exception in cases like that to allow us to register our status in Canada?

As to the "inland or outland" application, if it takes the same amount of time it seems our better option is to just do it inland. If we have to we can simply get married earlier I'm than we'd planned and do the ceremony with family later in the year as we had planned. But will that raise any flags for her application? Getting married just before applying?

Also, if processing takes 12 months and each stay on her visa allows for 6 months, will she need to exit the country after 6 months even with her permanent residence application being processed? And is it possible for her to work while it is processing?

Sorry for all the questions, really want to know what we're in for.

 

[Wakki]

you may apply for inland sponsorship + OWP....and visitor visa extension at the time.....the OWP will grant her implied status......the visitor visa extension just to keep in status until you recieve AOR from IRCC.......once OWP is approved she can work until the PR is approved.

AOR within 3 months
OWP within 4 months
PR visa within 12 months