Spousal Sponsorship - Common-Law - Employment?

Canada Immigration Forum (discussion group)


 
       
Subject: Spousal Sponsorship - Common-Law - Employment?
  Hi all -

I wonder if anyone on here could advise me on my situation; specific information regarding the immigration process is difficult to come by online, and I just wanted to make sure I have all of the facts before I begin an application.

I am a Canadian citizen (my Mother was Canadian) but I was born in the UK, I now (having graduated from University and with a couple of years work experience under my belt) would like to experience life in Canada where my Mother grew up and reconnect with my Canadian family, who I only get to see annually (which is not nearly as much as I´d like to).

I believe that as a Canadian citizen it´s quite simple for me to permanently migrate, but I am engaged to a partner of three years and obviously would not relocate without him, and so I would like to sponsor him. I have looked up the average waiting times for the Canadian High Commission in London and it states that the sponsors application takes approximately 45 days and the applicants submission takes around nine months.

We are currently engaged, but do not plan to marry any time soon as we are 23 and 25 and simply don´t have the funds needed to have the wedding that we´d both like, so we plan on waiting a couple of years. We have lived together for almost a year (obviously we will not begin the application until we have resided together for a full year) and so thought it would be best to apply as common-law partners. We have relevant proof and documentation to show this, but my concern is that this option is for those who have lived together for many years and have many commitments as a couple, such as children etc. Obviously we only have a joint lease in our name, a joint bank account and bills etc., but is this enough?

Marriage is an option as we´re engaged anyway after all, but I´d hate to rush something that to us is such a big deal, purely for the purposes of moving to another country. We would rather go as common-law partners a.s.a.p, and perhaps marry in Canada in a couple of years.

My first question is, do we actually have a shot at being accepted as common-law partners? Or to be seriously considered must you own a property and have children etc.?

My second question is, based on the assumption that we apply as common-law partners once we have lived together (officially) for one year, can my fiance live and work in Canada while he is waiting for his final application to be processed? I have an offer of employment and would like to take it up as soon as possible, but obviously I will not relocate without my partner, but firstly, it would need to be legal for him to be in the country whilst his application is being considered, and ideally he´d need to be able to work as my income wouldn´t be enough to provide for the both of us. If it is relevant to the application, my fiance and I both have batchelors degrees from UK Universities.

On the ´Canadavisa.com´ website, it states this in the FAQ section:

"19. Can a Sponsored person work or study in Canada if their application is being
processed in Canada?

While waiting for their Canada Immigration Visas, Sponsored persons are allowed to
work or study in Canada only after the Sponsorship Application has been approved in
principle by Citizenship and Immigration Canada. They will then be granted an Open
Work Permit or a Study Permit."

What does it mean by ´in principle´, does it mean that he could live and work in Canada before the application is finalised and complete?

From reading various posts on this forum, it´s become clear that there are many couples around the world who have been separated for months and even years whilst going through the spousal sponsorship process, and so I doubt there would be any way I could take up this job offer and for my fiance to live and work in Canada after his initial application has been approved, otherwise everyone would be doing it, but I just wondered what was meant by what I read on the www.canadavisa.com website, and whether there was any truth in it.

Apologies for the long post, I hope you´ve been able to bear with me!

Any help you could give me at all would be hugely appreciated.

Thanks!


Stefanie

[14-01-2011,10:29]
[**.145.240.205]
Stefanie
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
You can apply as common law if you can provide a lease agreement covering one year with both of your names on it. (You should also provide as much additional supporting information as possible to prove you are common law.)

There are two processing streams available for sponsoring your fiance - inland and outland. You´re getting facts about the two mixed up. The outland (from outside of Canada) application process typically takes a much shorter time to be completed (you could be done in as little as 3-4 months). However your fiance will not be able to work until the application has been 100% finalized.

The inland (from within Canada) application process would allow your husband to start working once the first stage of processing has been completed. First stage processing currently takes 8-9 months.

If your husband wants to be able to work immediately, then he must obtain a work permit. This isn´t very easy to do. First of all, he will need an offer of employment from a company. Secondly, that employer will have to apply and be approved for an LMO (labour market opinion). As part of the LMO process, the employer will have to advertize the job on Canadian web sites for several weeks to try to attract a Canadian candidate (i.e. they will first have to prove that a Canadian cannot be found to do the job and this is why they have to hire a foreigner). Not all LMOs are approved by the government and this process typically takes a few months to complete.

If you won´t relocate without your fiance and he must be able to work, then your only real option is the following:

- submit the application outland while living in the UK (you will have to show hard proof that you plan to move to Canada such as a job offer, mortgage, rental agreement, etc.)
- wait however many months it takes to be approved
- once your fiance is approved as a PR, move to Canada

Regardless of which option you select, I´d recommend that you start putting your application together ASAP. People always vastly underestimate the amount of time it´s going to take to compile all of the paper work and supporting documentation. Many spend months getting everything together.

[14-01-2011,11:58]
[**.99.141.116]
Anonymous
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
Oh - and the reason why some couple are separated for long periods of time is because their applications are being processed through offices with very long processing times.
(London is very fast.)

Also, these individuals typically come from non visa exempt countries which means they need a visit visa in order to come to Canada. However these same individuals are typically denied a visit visa since the Canadian government suspects (often correctly) that they want to stay long-term. Since you husband is from a visa exempt country - he can visit Canada without having to apply for a visa. However he cannot "move" to Canada until he has been approved for PR. Immigration has been known to deny entry to visitors who they suspect are moving rather than visiting.

Finally, in many situations, the person sponsoring is a PR rather than a citizen. Citizens can sponsor while living outside of Canada. PRs cannot.

[14-01-2011,12:07]
[**.99.141.116]
Anonymous
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
Thank you for all the information - it´s cleared a lot up. I think the most sensible option will be to apply as common-law partners via the outland application route.

Although the website states that it´ll take 9-10 months for the application to be processed in the UK, you mentioned that it could be done in as little as 3-4? Is it common for it to go through that quickly, or is the speed in which it is approved based on the complexity of the application?

If it is, do you think our application should be relatively straightforward, bearing in mind that I am a Canadian citizen, we currently live in a visa exempt country and the London office has reasonably fast processing times?

I´ve prepared myself for disappointment having read various accounts of couple´s applications on this forum and understand that entry for my fiance is not guaranteed if we apply, but, in your opinion, do you see any reason why it would be a complicated application, as long as we supply all relevant proof and documentation that we do indeed share a house and our finances etc.?

I do apologise again for bombarding you with questions, but I´ve honestly obtained far more information using this forum than I have in weeks of online research....


[14-01-2011,18:25]
[**.145.240.205]
Stefanie
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
You are almost on the right track.

Outland is the way to go, no question about it. You can be with him until the application is finalized. There is no need for you to be in Canada for it, since you are a Canadian citizen.

The fact that you are from a visa free country doesn´t mean that he will be admitted in Canada. A visa is just a document that allows a person to board an airplane and knock our door.
Without a visa, same thing. He can knock our door but if he is refused of entry, it may complicate things.

The fact that you are planning to move to Canada, having a PR application in and him having very little ties to England and engaged to you, it looks/smells like he would stay in Canada if his application for PR is not approved and under that risk, there is a chance that he will not be admitted into Canada.

Best bet..... sponsor him from abroad, wait until his PR visa is issue and move to Canada so both of you can live a happy life.

[14-01-2011,19:57]
[***.115.153.178]
DocD
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
If you take a look at the top of the CIC web site that shows processing times, you´ll see the 10 month estimate is for 80% of applications completed. So yes - this means there applications that are processed much faster. Some in as little as 3 months.
[15-01-2011,01:41]
[**.52.180.201]
Anonymous
Hope you can help me out too? (in reply to: Spousal Sponsorship - Common-Law - Employment?)
I applied for PR under the spousal sponsorship, family in-canada class. My wife is a Canadian citizen and also my 6 months old son.

We came to Canada so that we can have our baby in a safe environment. I entered Canada with a 6 months visitors visa. After the birth of our son, we decided that it would be best for our son and ourselves to stay in Canada.

We have been residing in Canada for the past 11 months, and my application was submitted 5 months ago.

I went to look online and if I enter my application number and my surname, it shows that I have a PR application, and that it has been received. But when we enter my wife´s surname an UCI it shows that she has a sponsorship application that has been received, but then it also shows that the application is in PROCESS. ( it states that they have started processing it in December 2011) .

My question, how long does it take from this point on?
Will I get an open work visa when the sponsorship is approved or do I have to apply for it

[01-03-2012,11:36]
[**.69.128.248]
Dave
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
it takes about 18 months for first phase approval of the sponsor - then it goes to your home embassy. You will not get a work visa until your spouse gets approval as sponsor.

In Canada applications take a very long time.

[01-03-2012,23:42]
[**.16.209.125]
Sharon
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
I understand that according to the processing times it takes about 18 months, but also according to the processing times they are at this point of time working on applications received in March 2011...

That is why I am asking if anyone knows how long it will take once they have started with the processing of an application?

My question regarding the open work visa, I know the sponsorship has to be approved, but I want to know if I need to apply for the open work visa or will I automatically
get it?



[02-03-2012,11:05]
[**.69.128.248]
Dave
(in reply to: Spousal Sponsorship - Common-Law - Employment?)
Hi there, I was wondering if anyone could help me out as well. Thanks in advance and here is my case:

Im Brazilian, 28 years old, Architect & Urban Planner.
Came to Canada for the 1st time when i was 16. Graduated from HighSchool here and also have a 1 year college degree in Canada. After i got these 2 itens accomplished, I moved back to Brazil to study Architecture and there I graduated of a 5 year program in Architecture. I met my canadian boyfriend last time I was here visiting, arouond 2 years ago and when i went home, we kept talking non stop on the internet. I came here as a visitor last october (2011) and have been living with him since then. I also was granted a visitor visa extension as we plan to do the sponsorship program inside Canada. My questions are: first because of my little background in here, i should be ok to qualify and be able to do the sponsor program with my boyfriend? Second, in october 2012 (soon!!) we apply for the program, i understand that Im only granted the right to work after the first stage of the process is concluded, which is around 9 months after the application date? Or I can apply together for a work permit and then there is that hard process where the company has to want to hire me already, has to put an add to see if no other canadian wants that job etc and that takes a few months as well? Also we are considering getting married. Would this help? Also I could be pregnant... regarding health insurance, when can he add me to his work medical plan? So far we tried and I cant!! Anyways, thank you so much for your time and consideration and I hope someone can help me. MM

[13-08-2012,08:32]
[***.177.224.163]
Mayra
I'm in a similar position!! (in reply to: Spousal Sponsorship - Common-Law - Employment?)
Hello. I am a Cdn citizen & have been living in Australia with my Aussie husband & 2 year old daughter for the last 5 years. We want to move to Cdn all together as we are buying a family business in March. We have to fly there the first week of January as I will be 30 weeks pregnant & can´t fly past then. I have all paper work & copies certified & ready to send to Ontario office but I also wonder if they have not completed my husbands application... Will he be able to fly back to Canada with me & work at our newly acquired business if only stage 1 of my sponsor application is approved but not his application ? There must be something we can do! He can´t leave his pregnant wife flying to Cdn alone to start a business without him!!! Any advice would be greatly appreciated!
[24-08-2013,00:09]
[**.181.88.7]
Leah