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Common Law Sponsorship - HELP!!!!

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zoexhx View Drop Down
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    Posted: 28 May 2012 at 4:52pm
Hi,
 
I am currently in Canada on an International Experience Canada visa which will expire March 2013. My Boyfriend has permanent residency and would like to sponsor me to stay. We are both from the UK.
 
Does anyone know if I should apply now , while in Canada. If so, do I still have to leave when my current visa expires?
 
OR
 
Do I wait until this visa expires, go back to England and start the application?
 
This is my 2nd IEC visa. Me and my boyfriend come to Canada in 2010, spent 12 months here, then spent 2011 in the UK and come back to Canada this year.
 
Any help is greatly appreciated
 
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 5:37pm
You have two choices:  (1) You can apply INLAND and include an application to change your conditions to stay, in which case you will be required to stay throughout the process but are legally here under "implied status".  (2) You can apply OUTLAND.

The greatest risk you have is demonstrating that you have a real common-law relationship (that seems to be a sticking point for some couples.)  However, assuming you can clearly demonstrate that you've been living together for a year as a couple (so both names on the lease, joint bank accounts, vacationing together, etc.) you shouldn't have any problems.

If you apply outland within the next few months it is quite likely you will have PR by the time your IEC visa expires - sponsor approval is taking about 3 months (90 days to open your application according to the CIC website) and then London publishes that 80% of applications are completed within 7 months.  That means 10 months total.

30 days prior to your IEC visa expiration, you can apply for a change of status (to visitor status) and advise them you have a pending PR application.  Generally they will allow you to execute such a status change.  Worst case, you have to leave for a couple of months while they finish things up.  Outland applications also have the right of an IAD appeal (Inland does not.)

INLAND takes around 19 months - 11 months for them to open the application and give you "agreement in principle" (AIP) and then 8 months to process your portion of the application.  You cannot leave during that time period because if you are not re-admitted to Canada, your application is deemed "abandoned".

In your situation, most people would apply outland (ignore the name - it relates to where they process your file, NOT to where you are located.)  With outland, if there is an interview, you will have to travel to the visa office to attend.  Interviews for UK citizens are rare.

Good luck!

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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zoexhx View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zoexhx Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 5:51pm
Can I apply OUTLAND although I am actually living in Canada at the moment?
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 7:33pm
Absolutely you can apply outland - think of it as "your file is processed outside Canada" no matter what the CIC website suggests.  And in your case it is definitely preferable to an inland ("your file is processed inside Canada") application from a time to process perspective.

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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zoexhx View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zoexhx Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 9:15pm
Ok so I just fill out the same visa form as if applying inland I just send it to London?
 
I'm so sorry for all the questions I just want to make sure I get it right and the CIC website isnt very helpful.
 
Thank you so much for all your help
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 28 May 2012 at 10:25pm
No, the forms are not the same.  They are similar, but you need to use the outland forms.  Start here: http://www.cic.gc.ca/english/information/applications/fc.asp - these are the OUTLAND forms.

Also note the London specific instructions: http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf.


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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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 29 May 2012 at 10:19am
And your PR application goes to the Case Processing Centre in Mississauga - not to London.  Once your bf is assessed as an eligible sponsor by CPC-M, they will transfer the file to London.  Don't forget that, in order to remain in Canada, you need to also apply to extend your temporary status before it expires.  By providing proof that you are being sponsored for permanent status as a c/l partner, and proof of support (can be from your bf), your extension application should be approved so you can wait out the PR processing together.  Do keep in mind that you can't apply to extend your work experience visa, you will have to extend with a request to change your conditions to visitor in order to stay.  I suggest mailing the form to CPC-Vegreville, rather than applying online, so that you can include your proofs with it and so that you can track it and get delivery confirmation.  It needs to be received by them before your current status expires, and proof of that shows that you have "implied status" to remain until you get your new temporary status document. 
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zoexhx Quote  Post ReplyReply Direct Link To This Post Posted: 30 May 2012 at 12:48am
That's great. Thank you very much. I best get started gettin my photographs and proof of address together. Thanks again for all your help
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