Pearfish

Hi guys,
Looking for some help or guidance with which category of PR application to submit details below.

So my girlfriend of 3.5 years used to be a PR in Canada (BRITISH) she re applied for her PR under humanitarian. We thought it was the same as a new application however her passport came back 3 weeks later with an authority to travel and PR reinstated. She moved out in April and now has PR. She is living with her family who also have been PR for years. She started work and is looking to sponsor me. However prior to her move to Canada we lived together for 2 years as common law. However due to my legal status in Canada we have been separated. I work overseas and every time I have leave from work (every 2 month) I have visited her 3 times in Canada and she has visited me in the UK. Should we apply as common-law?

Also due to my work overseas I will only be in the UK every 2 months. I'm guessing while applying I need my passport to go to the embassy in London. Also I'm guessing I will need a medical in London. I am in possession of two passports due to the nature of my work. Would it be possible to send away my second full UK passport for residency whilst travelling on the first for work? This is pretty much the reason for the UK passport authority allowing me two passports due to the nature of my work.

Any advice would be great. We plan to marry and start a family in the next few years but want to be sure we can both stay in Canada first.

Once the travel order comes in how long do you have to get to Canada and activate your PR? My partners PR card took months to come through once landed. As noted earlier I would need to leave the country for work for two months as I only get one month off. I would be 'LANDING' on my month off.

Would I need travel permits or could I leave and return on a visitors ETA while my PR card was in process?

Sorry for war and piece our situation is very different from the norm.

Hurlabrick

I will leave others to answer the first part of your query, but I have to say my first thought was 'get married now then apply'. That pretty much guarantees spousal sponsorship success.

As regards landing as PR then travel immediately after. You will have an expiry date on your CoPR that is issued if you are successful under spousal sponsorship. This is normally one year from the date of your medical. You MUST land and declare PR before that date.

When you do this, they automatically apply for your first PR Card (as long as you supply a Canadian address). This then take 2 - 3 months to come through (mine took 3 months). This is the quicker turnaround time for first cards, renewal cards take longer. Once you land, you are PR and so cannot apply for or hold an ETA (as it no longer applies to you).

Until you have you PR Card, if you leave Canada, you will not be allowed to board a flight back to Canada without either the PR Card, OR a 'single use' Permanent Residents Travel Document (PRTD) - dems da rules the airlines have been told to apply and they are rigid (copy CoPR cuts no ice with them)! You would have to apply for a PRTD once out of Canada at the local Canadian embassy and it may take days or weeks to come through.

The only other alternative would be to fly to the USA and have someone pick you up and drive you back across the Canadian border, where CBSA agents will check your copy CoPR and their system and let you in.

BristolUK

Isn't there some special immigration exemption for a double-o?

Pearfish

Thank you for the quick reply. Would it be possible to get a PRTD while in Canada before I flew out to work, through the embassy. I only get 30 days leave from work and they are super strict about it. At the moment I prefer to spend those 30 days with my GF in Canada rather than on my own in the UK.

Pearfish

Ha ha I wish this is a mess trying to get to Canada to be with my GF then having to sort medicals, visas etc all while only having 30 day windows every 2 months. The country I work in is hostile and I would not be able to get to any embassy let alone receive or send any mail.

Pearfish

If we got married would that mean we wouldn't have to explain why she is in Canada and I reside in the UK. Also would that open up other avenues for me to apply to stay in Canada while the application went through? I don't need work in Canada as I will continue my employment overseas. But a drivers licence and mobile phone would be handy etc

Hurlabrick

No, you would still have to explain it, they want to be certain it is a genuine marriage (i.e. not an immigration fraud thing), but given your history of knowing each other and living together etc. shouldn't be a problem for you.

If you get married, you would be best advised to apply 'outland' (which you can do if you are living either inside or outside Canada). That way you can travel. If you apply 'inland' and leave Canada for more that a couple of weeks, they can cancel your application - so best not to go that route. Note that processing timescales are 6 - 12 months to CoPR.

Where in Canada would you live? I honestly think your best bet (although a b*llsache) would be to drive to an airport in the US and fly to and from there until your PR Card comes through.

SchnookoLoly

The first part of your question is around common-law. Honestly, it will be up to the visa officer on whether or not you'd qualify as common-law. Some will say that since you lived together and continued your relationship that you do then retain your common-law status. However, others will say that since you are living apart, especially for such a long period, that you are no longer common-law. It's one that people will argue all day long... but if it were me I'd be wary of the risk.

So I'd be inclined to agree with Hurlabrick and apply once you're married.

You still have to explain your relationship, why you are outside of Canada for so long, and so on and so forth.

In either case, you are also going to run into issues around your intention to settle in Canada. You've stated you will continue to work for the overseas company, and with so little time in Canada, they are for sure going to question whether or not you are actually interested in settling in the country. That could cause you issues. You'll need to be sure to address that.

The other consideration is that you do need to satisfy your PR obligation which is 2 years of residency in a 5 year period. You said in your original post that you spend 2 months outside of Canada and then 30 days in... so that's 120 days per year. Even over 5 years, that only gives you 600 days, which is not enough for you to retain your PR status... so you also need to consider that side of things.

I have a feeling your road will not be as straight-forward as others on here... but give us more info and hopefully we can help you navigate it.

Pearfish

WOW so does Canada not have any Permanent Residents that work overseas or in the US? Its like they want to make it hard for you so you have to go down the route of living there without any status. If we do marry I will be liable for tax on the days I spend in country under the 'significant residential ties' however I wont meet legal residency status. Messed up tbh. Happy to take your money but you cant stay here. Some more info.

I'm currently studying in my spare time while working overseas looking to finish a BSc graduates degree in Crime & Criminology in the next 2.5 years. At that point I will look to work in Canada hopefully as a Youth Probation/Parole officer.

This really is a complex case. I want to move forward and get legal status in Canada. I would love to buy property and start settling properly however its looking like I would have to surrender my very well paid overseas job in order to meet PR obligation. Really stumped as to what to do now.

SchnookoLoly

Working for a Canadian company and then posted overseas, yes, you get leniency for that, but you are not working for a Canadian company, you are working for an overseas company and working overseas for 2/3 of the year. Given you have to be resident *somewhere*, you could say you are resident in Canada and pay taxes in Canada... but to keep your PR, you still have to prove 730 days in a 5 year period, and if you hang onto your current job, you won't meet that requirement.

If you work in your job for 2.5 years and then move permanently to Canada you'd be fine... you'd have plenty of days then. But again, it depends on what happens with your job. Again, leniency for working for a Canadian company and working overseas or in the US... but that doesn't apply to you.

I agree, this is complex. You have two considerations. One is applying for PR in the first place, and the other is maintaining it once it's granted.

Sorry it's a bit of a downer of news. Not saying it's impossible... but you may need to make some changes if you are serious about making it work.

Pearfish

Thank you for all the information. Maybe put my application on hold until I look to finish my study and change occupation. I'm guessing me visiting my GF and staying within the rules of a visitors visa will not affect my eventual application? Probably plan to get married once my work overseas or study finishes then look to apply and take work in Canada. I'm guessing I could apply for a work travel visa and live and work in Canada while my application goes through. Or just time it with my job finish and use dual intent.

Will be hard as I will take a significant pay drop if I finish here and take work in Canada. I really want to be with my GF and I love Canada too.


Thank you for all the help this is the most informative information I have managed to find with reference to my very complex case.

SchnookoLoly

Visiting your GF and abiding by the restrictions of a visitor visa is totally not an issue. The regular visits will actually help your application - it would be more worrying if you didn't see her for years on end, haha.

Not sure what you mean by the work travel visa part, though. You'd be in Canada as a visitor until you get your PR... you couldn't apply for anything else. Even if you keep working, you still have to re-enter Canada as a visitor every time you come back.

My only other worry is that at some point, you do risk CBSA no longer letting you in, coming multiple times a year, they are going to see tons of entry and exit stamps, plus significant ties to Canada... though maintaining your job overseas gives you lots more clout to convince an offer you'll not overstay. But the multiple visits over multiple years might start to raise problems at the border, but I am only guessing on this, it would clearly depend on the mood of the officer on the day, haha.

There are many aspects of this to consider, so it'll be up to you and your GF to decide where your priorities are and make a game plan from there.

Best of luck and keep us updated.