Visitor to PR, help me find holes in my plan.

[ardonn1]

Hello,

I am a Canadian and have been researching the best way to do a PR with my partner. I spent a lot of time reading on the immigration Canada website and have read a lot of posts here and made a general plan. I want you guys to tell me why my plan wont work (I hope I didn't miss anything though).

A little bit about me:

I am a Canadian citizen.
I am a CPA
25 Years old.
70k+ annual income
20k+ savings

A bit about my partner:

Korean Citizen, Canadian visitor expires February
29 years old
10k in savings
English skills at early high school level.
Have Medical records dated: 08/2015
Have international Drivers licence dated: 08/2015
Have Criminal Record check dated: 08/2015
Have 3 high school transcripts translated (officially translated by Korean gov and have seal)

Shared between us:
2 Credit cards
savings account
Same address
Separate bank accounts (she maintains her own chequeing account)
shared rent cost

background:

We met early Jan 2015, have overwhelming amounts of chat history, skype calls, gifts sent (both directions). then in august 2015 I visited Korea for 3 weeks. (have pictures, receipts, etc) and we decided to try and live together for the past 4 months. So far it is going great and we are both enjoying the time. however it is coming up to an extension and we will start doing the paperwork over the Christmas holidays. (extension required by Feb 15th at the latest to provide the 30 day advance). However after this application for visitor extension I get into a grey area. I would like to do a common-law application for PR as soon as it seems reasonable to do so (is this actually possible at 1 year together in Canada?) however when I spoke with an "immigration expert" (not sure if she actually was a lawyer but recommended by a lawyer) she basically didn't provide me with anything other than she was pushing me to ensure I got an expert to fill out the PR application (doesn't seem like its worth the money as I can do this application no problem with the guides here) and that I need to marry my partner. As silly as it sounds I wouldn't mind eventually marrying my partner but it seems like I am robbing my parents and hers of the experience of a wedding by doing this for immigration purposes. My goal is to push a PR and have her study here (to avoid unnecessary international tuition fees).

A few questions as I haven't really made it clear:

A) is a PR possible after 1 year of common law in Canada (assuming my proof is all good for realism of the relationship)?
B) Is this marriage and having an "expert" fill out my PR application worth the thousands of dollars?
C) any potential holes in my 6 month visitor ---> 6 month visitor ---> apply inland for PR + work permit?
D) General advice or tweaks to my plan?

Thanks so much for any help. This board has been invaluable to my learning so far. Just want to put some of that learning into place.

 

[scylla]

1) Yes.
2) You don't need a lawyer. Most people here have completed the paperwork themselves.
3) It's quite possible you would be better off applying outland. Inland takes an extremely long time and would mean your partner cannot leave Canada for 2+ years.
4) Spend a few days reading through the discussions in the Family Sponsorship section of this forum.

 

[ardonn1]

Is this post a better fit under that board vs this board?

 

[Rob_TO]

Is this post a better fit under that board vs this board?

Yes, sponsoring a spouse falls under family class sponsorship so better to ask any questions on that section of the forum.

You will need to choose outland vs inland. I would only choose inland if she was super desperate to get a work permit, and you could accept her PR app taking 2+ years to complete.
With an outland app (processed in Manila office) she could stay in Canada as a visitor the entire time, but of course would not be able to work. However the entire process should take just around 1 year (sometimes quicker) which seems to be what you're looking for.

Agreed also you don't need a lawyer, do the whole app yourself and save the couple thousands dollars a lawyer would charge.

Keep in mind she will need a new medical exam by the time you're ready to apply. Assumed that will be in another 8 months after you reach 1 year of cohabitation. It's good you've been collecting proofs, keep on it so you have a strong evidence package to support your common-law status. If you can get her name officially added to your rental/lease agreement that would also be very beneficial.

 

[ardonn1]

Thanks a lot for the feedback. The only reason I wasn't looking to do a Outland is that if there is an interview requirement we would have to go out to the office to do this.

If that's not as big of a deal as I thought it was I wouldn't mind doing outland.

 

[Rob_TO]

Thanks a lot for the feedback. The only reason I wasn't looking to do a Outland is that if there is an interview requirement we would have to go out to the office to do this.

If that's not as big of a deal as I thought it was I wouldn't mind doing outland.

Interviews are very rare for visa-exempt applicants. Unless there are huge red flags in your application that would cause CIC to suspect your relationship is fraudulent (which it doesn't sound like), I would proceed under the assumption no interview would be required.

In the very slim chance they do want an interview, it would most likely be in Korea.

 

[ardonn1]

Interviews are very rare for visa-exempt applicants. Unless there are huge red flags in your application that would cause CIC to suspect your relationship is fraudulent (which it doesn't sound like), I would proceed under the assumption no interview would be required.

In the very slim chance they do want an interview, it would most likely be in Korea.

From what I have read we could trade off the bigger application time for a chance at a work permit also. So basically it comes down to:

Inland - Slower, potential for a work permit in Canada
Outland - Faster, however when our extension for the visitor comes up it's possible they would send my partner home as there isn't a need for her to be in Canada.

Sounds somewhat accurate?

 

[Rob_TO]

From what I have read we could trade off the bigger application time for a chance at a work permit also. So basically it comes down to:

Inland - Slower, potential for a work permit in Canada
Outland - Faster, however when our extension for the visitor comes up it's possible they would send my partner home as there isn't a need for her to be in Canada.

Sounds somewhat accurate?

Yes with an inland app and an OWP submitted at the same time, she'll get an OWP after approx 4 months. But again, 27 total months for processing an inland app and a risk every time she leaves Canada (if she were ever refused re-entry the app is cancelled).

For outland, there is hardly any chance a visitor extension would be refused. Most visa-exempt PR applicants easily get a 6 or 12 month extension.

 

[ardonn1]

I appreciate all the Rob_To. I didn't realize I never thanked you! We are still on our way to the application but have started preparing everything.

thanks again!