Common Law questions |
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Some_Guy35
New Member Joined: 24 Oct 2012 Status: Offline Points: 2 |
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Posted: 24 Oct 2012 at 9:31pm |
Good day everyone, I have a few questions in regards to my and my girlfriends situation. I'm a Canadian citizen, and she is a Czech national with an Experience Canada visa, which expires at the end of January. We are looking at the Common Law visa, and this is where our questions lie. 1 - Does the application for the Common Law (CL) have to be submitted exactly 12 months after we have started our lives together? (She came end of Jan 2012, and we have been living together ever since.) 2 - If we apply for the CL visa, does it extend her current Experience Canada (EC) visa? If so, can she leave Canada and return under her current, extended EC? 3 - For the proof of the CL relationship. Do all the documents supporting the relationship have to be for a full consecutive 12 months? Or the combined documentation support an approximate 12 month minimum relationship? 4 - Due to the length of the application process, is there an intermediate visa that she can apply for to extend her stay until the CL visa is approved? Can a visitors visa be applied for, and received here in Canada? Or even a Professional Development??? Thats the sum of our questions. Any responses will be appreciated. Thanks Edited by Some_Guy35 - 24 Oct 2012 at 9:32pm |
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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(1) Until you have been living together for a year, you don't qualify. Send it in one day early and CIC will reject it - this is a statutory requirement.
(2) No, it does not. (3) Just the combined documentation needs to support it. (4) If you apply via inland, she can remain while they process the application - in fact, she must remain in Canada while they process the application (it is a requirement of the inland application process that she be cohabitating with you in Canada, and if she leaves the risk is she might be refused re-entry which brings the cohabitation to an end.) She could apply for a change in status to visitor, indicating the imminent PR application. At a minimum, you should submit the receipt for the fee payment for the PR application along with an application to change to visitor status ($75). Make sure you submit it so it is received by CIC before her current status expires. With the PR application, she can submit an application for an "open work permit" (basically a "change in status" application, indicating employment but no employer). When the first stage of an inland application is approved, she is eligible for an "open work permit" and if the application is included they will process it at the same time. I hope that provides you with some background. |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Some_Guy35
New Member Joined: 24 Oct 2012 Status: Offline Points: 2 |
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Thanks for the replies everyone. I appreciate it.
Your information brings some clarity to a very confusing situation. Thanks!
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