What would you do? Common-law sponsorship questions.

[jonnylad]

Hey all, I've been researching my options for my PR application through the Common Law sponsorship category but there are a few things I'd like your expert opinions on before I start compiling forms and evidence.

Here is my situation first of all:

I'm from the UK and currently on my second Working Holiday Visa which expires on Oct 10th 2015. My common law partner (Canadian Citizen) and I have been living together since May 1st 2014. I have lots of pictures, emails, text and facebook convos, shared cell-phone bills, joint bank account, letters from friends and families and, most importantly, a lease document to confirm our cohabitation. We also have a trip back to London confirmed for the last two weeks in June 2015 so we'll be back on 1st July.

Here are my questions:

1) I know leaving Canada whilst I have an Inland application is sketchy so I don't plan to do it. However, if there was something serious like a death in my family in the UK, would that be sufficient enough for me to claim that I had to leave temporarily? I do not plan to take vacations or anything like that whilst this is in process but I'm just preparing for the worst.

2) I've checked the processing times and it seems like if I apply outland (London office) I'm expecting a wait of 13 months approx with no OWP to keep me busy. With Inland I'm looking at 2 years approx assuming no interview is needed with an OWP meaning I can continue working no problem. My question is this, and it's completely subjective, given my situation, what would you do?

3) As I mentioned, we have a trip back to London in June. Would you advise waiting until we're back in Canada to send the application off or send it May 1st and hope that leaving the country wont disrupt anything? Ive also heard of a new rule as of Dec 22nd 2014 stating that within four months all sponsored applicants that pass medicals etc will be granted OWPs. Because of this 4 month time-frame it would disrupt my work slightly if I sent it off when we return but let me know what you'd be inclined to do.

4) In our lease document it states that all utilities are included which leaves us with only cell phone bills which we have combined on one account. Will this be ok because technically we have no utility bills in our name?

I really appreciate you taking the time to read this and, like I said, I know the facts but I'd like some expert opinion, preferably with experience and hindsight to help me through this.

Look forward to hearing back from you all!

Jon

 

[Ponga]

If you have only been living together since May 2014, you are not qualified to apply as a Common-Law partner. You must live together for 1 full year to be deemed Common-Law.

 

[jonnylad]

If you have only been living together since May 2014, you are not qualified to apply as a Common-Law partner. You must live together for 1 full year to be deemed Common-Law.

Yes, I'm aware of this. I'm looking ahead to May this year as the time to send the application off vs sending it off in July when we're back from our vacation. What would you do given your knowledge and experience?

Thanks

 

[MilesAway]

I would still recommend outland. London is a fast office. The 13 months posted is to process 80% of applicants, which basically means that only 20% actually take the full 13 months or longer, whereas everybody gets through in less. Inland basically guarantees you a 2+ year wait.

Some applications for London have been processed entirely in Canada and at an insanely fast rate.

 

[jonnylad]

I would still recommend outland. London is a fast office. The 13 months posted is to process 80% of applicants, which basically means that only 20% actually take the full 13 months or longer, whereas everybody gets through in less. Inland basically guarantees you a 2+ year wait.

Some applications for London have been processed entirely in Canada and at an insanely fast rate.

Wow, that's really reassuring! I'm intrigued at what you said about applications being processed entirely in Canada, how can this happen? What is the actual reason that the case is sent to London in the first place? Also, I'm planning on overloading my application with as much supporting evidence as possible and making it the most waterproof, bulletproof package ever. Do you think that this will have an effect on the speed it is processed or just the overall success of the application?

 

[rhcohen2014]

Wow, that's really reassuring! I'm intrigued at what you said about applications being processed entirely in Canada, how can this happen?

it seems CIC is trying something new with "non-complicated" files, to help fast track applications. no one knows "why". that's just how it is. there is no point trying to understand CIC.

What is the actual reason that the case is sent to London in the first place?

that is how the process works. outland means the application is sent to a visa office "abroad" and processed there quicker. London is the designated office for all UK applications. For outland application purposes, when ottawa and mississauga process outland applications, they are considered "abroad".

Also, I'm planning on overloading my application with as much supporting evidence as possible and making it the most waterproof, bulletproof package ever. Do you think that this will have an effect on the speed it is processed or just the overall success of the application?

no, it just helps avoid an interview, which can cause delays in processing.

 

[canadianwoman]

An application can be approved more quickly if it is complete with all the evidence required, and if there are no 'red flags' that will make the visa officer suspicious. Applicants from the USA, the UK, western Europe, etc., are rarely deemed to be suspicious. If the application leaves the visa officer with questions, he or she will either ask for more evidence, or call for an interview, which will delay the processing of the application.
I would apply outland once you have lived together for one year. If it turns out by May that people applying inland have been getting their OWPs quickly, you can change your mind then.
If you have both names on the lease, the lack of utility bills is OK, especially with the cell phone bills.
When you apply inland, your application is not automatically rejected once you leave Canada. It is just if the border agent does not let you back in, then the application is over. Usually people from visa-exempt countries like the UK will be let back in - but there is a small risk. CIC does not care about your excuse for leaving.

 

[brucem]

Wow, that's really reassuring! I'm intrigued at what you said about applications being processed entirely in Canada, how can this happen? What is the actual reason that the case is sent to London in the first place? Also, I'm planning on overloading my application with as much supporting evidence as possible and making it the most waterproof, bulletproof package ever. Do you think that this will have an effect on the speed it is processed or just the overall success of the application?

I would definitely apply outland if I were you. Some recent applications have gone through in as little as three months. Check out the London thread on the forum for more info.

 

[jonnylad]

I would definitely apply outland if I were you. Some recent applications have gone through in as little as three months. Check out the London thread on the forum for more info.

Could you link me, I can't find where you're looking at. Thanks

 

[canuck_in_uk]

Could you link me, I can't find where you're looking at. Thanks

As everyone else has said, outland is the better choice.

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.15195.html

The spreadsheet is in the signature of several people on that thread.

 

[jonnylad]

One more quick question. I've searched around and I'm 90% sure but I have also found conflicting evidence too.

Does EI or WCB affect my sponsor's chances of being eligible for sponsorship?

Thanks

 

[canadianwoman]

No. The sponsor cannot be on welfare, but EI and WCB are not considered welfare.

 

[BritishBob]

it seems CIC is trying something new with "non-complicated" files, to help fast track applications. no one knows "why". that's just how it is. there is no point trying to understand CIC.

Great point, the whole process is shrouded in a fog of uncertainty, i wish the process could be a little simpler but that seems to be the way with immigration!