Siouxie

More important for immigration purposes!

You risk negating your common law status if you move back to the UK on a semi-permanent basis.

"Either partner may have left the home for work or business travel, family obligations, and so on. However, that separation must have been temporary and short."

markstimson

At the time of application or after it? Because your reply contradicts what Jim says.

Siouxie

At the time, during and at the time of grant of PR.

Perhaps Jim did not realise that you are applying as a common-law partner, not married.

Whilst the manual states that it is acceptable to be living away from your common-law partner due to work or education issues, the reality is that the officer who processes your application may look at the fact you have returned to the UK in a negative way. There have been several members who have been refused PR for the exact same reason.

Have you lived together for a long time or have you just lived together for the minimum requirement? The more established your common-law status is the more likely they will accept absences.

I am not saying that you would necessarily be refused for returning to the UK, I am just suggesting that you keep in mind the possibility.

You can read more here: Sections 5:34 onwards http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

markstimson

Ok, thanks for that. Definitely puts a different spin on things then.

At the time of application, we had lived together for almost 18 months.

I was under the impression that applications would be processed on the basis of information included in the application, not after the fact.

Perhaps I will just have to give up an amazing job and sit at home as a visitor. I can't see how CIC would view having to leave in order to earn money as a negative thing. The only thing keeping us apart would be visa issues and only until they process the app...

Jim Humphries

Quote:Hi Jim
I think my application is also "Outland" (but not sure???). I am in UK and waiting to hear from CIC London, is that correct?

If I go to Canada to visit my husband for 3 months and let the visa officer advise my new address(my husband address) and if they process my application while I am in Canada, will they send my COPR direct to Canada address?

Please let me know how these work, I am sincerely thinking to go to Canada for few months as I am waiting for long(17 month already) and not getting anything?End Quote


You must mean the Immigration Section of the Canadian High Commission in London. You can visit your husband in Canada but do bring evidence of the sponsored application for PR with you. You can usually stay until the PR application is completed. Someone else (SIOUXIE) will know better concerning the mailing of the visas in this situation.

Siouxie

As I said, it isn't a certainty just something to bear in mind when making a decision.

According to the Manual OP2, it states:

How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control).

Despite the break in cohabitation, a common law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible.

There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

Siouxie

I believe that if you provide a Canadian address for mailing purposes, they would either send or email the COPR to you there.

17 months is a long time!

Canada Immigrant

thanks

What about my medical? My medical was already expired, do I have to come to UK to re-do my medical???

Siouxie

Hello,

No you won't have to return to the UK for it, you can have the medical anywhere in the world.

Do you know of any reason why your application has taken so long? Have they asked for more information or given you any reason?

If they haven't, I would strongly suggest you contact them to ascertain what the delay is. 17 months for a spousal application through the London office is quite unusual.

Canada Immigrant

Thank you for the reply.

My application was on hold at London office as there was a review going on in Canada. But begining of May this year, Canada office gave a green light to go ahead with my application. Since then I am receiveing email from London office saying that my application is with Immigration officer being reviewing. But last email I received saying my application is waiting to be reviewed, so I am not sure if they have started my application? So confusing???

RHC

Hi Everyone,

I'm new to this and have several questions.

My girlfriend and I intend to marry at the end of September in Banff after spending the last 22 months dating from separate countries with a lot of travel back and forth. I am British by birth and living in UK and my girlfriend is Canadian by birth and living in Alberta. My girlfriend is self-employed and wants to sponsor me to come to live in Canada as soon as possible. We intend to submit an outland visa application as I will have to return to the UK after getting married in Canada since I can't work there (and she can continue running her business from anywhere).

We have read on the CIC website that it takes 29 days for my girlfriend's assessment to sponsor me to be processed and then another 10 months for my spousal application to be processed through London. Does anyone know if this is true as the blogs suggest the application can take anywhere from 3 months to 17 months? Our application should be a straightforward with nothing unusual except I worked (with a work permit) in Canada in 1995 and I am a highly qualified although have been on a mix of short contracts and unemployed for 2 years. How long does the process usually take and can we start the paperwork before we are actually married?

Does it affect our Canadian application if my girlfriend travels to stay with me in the UK for 3 months after we get married and have submited our application (she does own property in Canada which she rents out)?

Would it be better if I did my application medical in the UK or Canada?

I have property in the UK which I would rent out when I came over, would this affect my application? Would there be tax issues if I were granted a visa?

It is so frustrating as all we want to do is live together and it seems so difficult despite getting married! Thanks for any advice you can give us!

Siouxie

Greetings and welcome to BE!

Firstly, congratulations on your upcoming marriage!

You obviously have a grasp of how the application works so that is a great first step. Yes, presently initial processing (sponsors part) is taking 29 days; secondary processing (London) is taking up to 10 months, on average. This figure changes quite regularly unfortunately! If you put together a near perfect application and ensure that you provide all the backing and evidential documentation you may be fortunate to be one of the few that are finalised within 6 months.

You can certainly start all the paperwork now although you can't send it off until after the wedding. You will find it will take you at least a couple of weeks (and probably longer) to complete it all and gather all the documents. You will also need to obtain Police certificates for anywhere you have lived longer than 6 months, excluding Canada.

Your application will not be affected by your (then) wife coming to stay with you, in fact that would enhance your application (you could actually mention it) as it shows commitment to the relationship. Your rental property will not affect your application either, although there will be tax implications (there are several threads on this subject in the main Canada forum).

First step is to download the application package and start wading through all the documents and gather your backing evidence. It does say on the application that you must send a registered copy of your marriage, however, if you send a copy of the document you are given at your wedding with a notation that you will forward the registered copy when it is available that will be fine.

You can have your medical in either country but it is generally cheaper and quicker to have it done in Canada.

If you have any questions, please don't hesitate to ask!



Edited to say, your (then) wife will need to make sure that CIC have an address or email to contact her whilst she is overseas, or else someone who can open the mail at home, just in case they ask for any further information.

enbee

I've just been requested to pay my right of permanent residence fees, is that generally the final stage before my file goes into the "processing" status?

deltadeliquent

We got that request and paid in Feb.
We didn't go "in process" until 1 July.
We have heard nothing since.

So it seems logical that you will be getting COPR soon, it might not be so.
But I'm just an applicant not an expert.
Maybe someone else has more knowledge about what those folks actually do.....

Jim Humphries

Usually the last item although most people pay Spousal Sponsorship fees up front. I would send it right away.