Technicality of application.

[Sandrael]

Dear wise people of this forum, I am pretty sure that there probably was somewhere an answer for my question, but I was not able to find it, so do not judge.
My situation is such that in a little bit more than half a year me and my canadian girlfriend will live together for more than a year and are planing on applying for common law family sponsorship. The tricky part that I can not find any answers for is that we are also planning on going on exchange to Britain straight after we applied (University related). Thus the question 1) can we apply within Canada and go outside the country for 5 months while the application is in the process?
2) or should we apply in Britain via canadian consulate there? or 3) Neither nor will work?

Some background info: I am not Canadian, she is. I do have a legitimate basis for being in Canada (Student/work visa) thus if I would apply in Britain I could come back to Canada.

Thank you, so so much for any help provided in advance! (and yes I tried calling Canada Immigration hotline, and they just confused me even more... )

 

[computergeek]

Dear wise people of this forum, I am pretty sure that there probably was somewhere an answer for my question, but I was not able to find it, so do not judge.
My situation is such that in a little bit more than half a year me and my canadian girlfriend will live together for more than a year and are planing on applying for common law family sponsorship. The tricky part that I can not find any answers for is that we are also planning on going on exchange to Britain straight after we applied (University related). Thus the question 1) can we apply within Canada and go outside the country for 5 months while the application is in the process?
2) or should we apply in Britain via canadian consulate there? or 3) Neither nor will work?

Some background info: I am not Canadian, she is. I do have a legitimate basis for being in Canada (Student/work visa) thus if I would apply in Britain I could come back to Canada.

Thank you, so so much for any help provided in advance! (and yes I tried calling Canada Immigration hotline, and they just confused me even more... )

Once you are in a qualifying relationship - living together in a conjugal relationship for at least one continuous year - you should submit an "outland" application. What this means is that it will be processed by a visa office outside Canada - you may be anywhere in the world, including inside Canada.

Outland applications, regardless of where you are located, are submitted (both parts - your girlfriend who will be your sponsor, as well as your own part) to CPC-M ("Case Processing Centre - Mississauga"). They will review the application to ensure it is complete (if it's not they will send it back) and then a visa officer will review the sponsor portion of the application (that would be your partner). After your sponsor is approved, they will forward your application to the visa office abroad.

Because of what you've said, you will have a choice of choosing either the London Visa Office or Ottawa - if nothing else doesn't explain how geographically challenged CIC is, the fact they consider Ottawa to be a "visa office abroad" might more clearly demonstrate the point.

I would suggest that you apply via London, as they have a very quick processing times.

If your sponsor is outside Canada at the time the application is filed, she will need to provide a plan for return.

 

[Sandrael]

Thank you for such a swift and detailed response!
Just to make sure I got it right, we should collect all the evidence, file the application, take it with us to London, apply there + provide for her proof that she is coming back to Canada and finally we just can come back to Canada even if the application is still in the process in London?

Immensely appreciate your help and effort.

 

[computergeek]

Thank you for such a swift and detailed response!
Just to make sure I got it right, we should collect all the evidence, file the application, take it with us to London, apply there + provide for her proof that she is coming back to Canada and finally we just can come back to Canada even if the application is still in the process in London?

Immensely appreciate your help and effort.

No. If you send the application to London they will return it to you. You must send all outland spousal applications to Mississauga, ON. The address is in the instructions. CIC will forward your application to London (most of it is scanned and images are "sent" through the electronic processing system they use, but some original documents may be forwarded to London via diplomatic pouch).

You may come back to Canada, even if the application is still in process in London. But London is fast - 80% of applications are done in 8 months. For example, I applied in March 2012. Of the group of people on the spreadsheet here that applied in March 2012 group. The first person to land - in August 2012 - was processed through the London Visa Office (I was the second, but my application went through CPP-O/LA).