Travelling abroad during Common-Law Application

[pasciaoctavia]

Hi,

My partner (Canadian citizen) are I will be submitting an application sometime in the next month for him to sponsor me as common-law partners for permanent residency. I'm currently in Canada on the IEC work permit.

We have the opportunity to travel abroad for an unknown amount of time when his job ends at the end of October but I do not know what the consequences would be of leaving Canada during the application for permanent residency.

I'm wondering if it would be worthwhile applying once we have finished travelling, but my work permit expires at the end of April 2015 and I can only stay in Canada as a visitor after that, so I'd like to have residency as soon as possible.

I'd also like to know what the consequences are of either me or my sponsor leaving Canada for a wedding abroad once I have been granted permanent resident status.

Any help much appreciated

 

[Ponga]

If you submit an Outland application, you would be free to travel [anywhere] with your partner, during the processing. Since he is a Canadian citizen he does NOT need to remain in Canada during the processing.

Depending on your country of citizenship, the processing times may, or may not be faster than an Inland application (currently between 12-18 months total), BUT, it's not advised that an Inland application leave Canada until they have completed the process.

It's imperative that you have solid evidence that you can provide to CIC that you have lived together for at least 365 days (without interruption) as this is the most important `piece' to your puzzle, to be eligible for a Common-Law sponsorship..


There would be no consequences for you and your partner to attend the wedding abroad after you have PR, because...you would then be a PR of Canada and can travel as often as you like!

Good luck!

 

[screech339]

Just be aware that if you take the "inland" approach, you will not get "implied status" to work past the IEC work visa expire date if you submitted OWP with your PR inland application same time. You would be required to quit your job on the last day of your IEC work visa, if in the event that you do not get your OWP in time before your IEC expire date.

Screech339

 

[pasciaoctavia]

So from the sounds of it I would be better off submitting an outland application? I'm a British citizen by the way.

Would they not ask why I'm submitting 'outland' if I live in Canada on a visa already though?

With regards to the note about us proving we've lived together, without going into too much detail, we started our relationship in October 2010, and for two years we were long-distance as we were in our respective countries studying. We lived together in Canada from October 2012 until December when we then traveled together in Hawaii until April when he took a job in Africa. I couldn't move to Africa so returned to England. In September 2013, he came to England and we lived there for a couple month until travelling around Europe until April 2014 when we moved back to Canada together. So technically we have periods of time when we've been living together but in countries other than Canada or England and with not a great deal of proof (i.e a lease). I don't know what other category we'd apply under...

Thanks again in advance!

 

[scylla]

Your only options are either the married or common law category. To qualify for common law, you do need to be able to supply hard proof that you have lived together for a full year straight.

Based on the information you've provided so far, you're not common law at this time. You would need to wait until at least September 2014 (so that you have a full year of cohabitation from September 2013 to 2014).

And again, you do need to provide hard proof of cohabitation (e.g. leases) to cover the year. So depending on what you want to apply, this may be something you should start working on now.

 

[little_apple]

It will be difficult for you to prove common-law because you traveled most of the time. It would be easier to get married.

I applied outland although I was in Canada on an IEC visa. It's not a problem at all.

Don't apply inland. It takes way too long compared to VO London.