When does permanent residency take effect and how long does it take to qualify?

[trankydoo]

Hello,

I am planning to move to Winnipeg from the UK with my Canadian partner (Common Law Spouse) on a Family Class Visa. I am unclear about one essential detail:

Is the Family Class Visa the same thing as permanent residency? Or is permanent residency something that I apply for when I arrive? Is Permanent Residency something which I receive after a probationary period on the visa? Or is that citizenship?

Basically, I need to know how I exactly I get permanent residency. Is it something I receive before or after I arrive in Canada? And is there a time scale attached to it?

Thanks in advance for any help you can supply.

Trankydoodler.

 

[Leon]

Your Canadian partner has to apply to sponsor you and at the same time, you apply for permanent residency. If you apply through the UK, the processing time is something like 15 months. Once you get the PR visa, you activate it by "landing" in Canada by either entering Canada with your PR visa or if you are in Canada, you can make a landing appointment at a local CIC office. There is a time limit on the PR visa. You must land before it expires.

If you want to move to Canada sooner, you can go as a visitor but you can not work. If you go to Canada as a visitor and are committed to staying in Canada with your partner for at least the next couple of years, you have another way to apply for PR and that is through an inland sponsorship. Then it is processed in Canada and not in the UK and you can apply for an open work permit at the same time which you would get in about 4 months.

Your partner can only sponsor you if you have been living together for at least 12 months or if you get married.

If you apply as common law partners and you have been living together for at least 2 years before you apply or you have children together, your PR would not be conditional. If you apply as common law, don't have children and haven't lived together for 2 years or you apply as married, don't have children and haven't been married for 2 years, your PR would be conditional and would require that you cohabit with your partner for at least 2 years after you get your PR.

There is a residency obligation attached to the PR and that is that you must reside in Canada at least 730 days (2 years) in the 5 year period after you land as well as in any rolling 5 year period after that. Time spent with your partner abroad counts as days in Canada too.

Currently, you can apply for citizenship after you've spent 4 years living in Canada as a PR.

 

[Rob_TO]

Is the Family Class Visa the same thing as permanent residency?

There is no such thing as a "family class visa". If you hold a visa-exempt passport, then you don't need any visa to enter Canada. In fact being married/common-law to a Canadian gives you no special status at all to enter Canada. You can come as a visitor anytime, completely independent from your relationship. Typically you'll get 6 months visitor status upon entry, and can apply to renew that as it comes due.

If you want to stay permanently you'll need to apply for PR (either in advance or after you arrive), as explained in post above.