Siouxie

They will likely either give you an extension on the medical or else ask you to undergo a new medical.

It happens, unfortunately. My son had 2 and was lucky that he didn't have to have a 3rd done - he had less than 2 weeks to 'land' in.

When did you apply?

deanp89

I have no problem doing that, it would just be nice to know. Well, meds was done september last year, then all the fees were paid by october (saved the cash to pay for everything in one go) the application was received originally in Missisauga in November but we forgot to sign one piece of paperwork so it was returned then it actually got there and was on ECAS beginning of December, sponsor was spproved January 8th and other than a request for more information we have heard nothing. I just dont know what to do or where I stand. It would be nice in the 21st century to be able to speak to an official person like I am doing right now for assistance, or just to put my mind at ease. We thought it would have been sorted by now obviously because of the time of the medical and so my girlfriend started telling people she was moving back to Canada and got a provisional offer. If this doesnt get sorted then she is in jeopardy of losing that job.

I'm trying my hardest not to panic right now though lol.

Jim Humphries

A clear medical will often be extended when processing exceeds the norms so there is reasonable hope yet. It is difficult for them to reply at times as officers are posted in and out or on vacation. This is all the more so if they have nothing new to report. Background checks can take time and are not in the visa officer's control. You should relax as it is not as devilish as some have come to believe. Just complex.

Mary louise

This was the same with us - we arrived at YVR 1st Aug and thought we needed a stamp on 'goods to follow list' from Customs at the airport, as per this forum, so immigration officer did send us to customs at YVR but they weren't interested - just told us we will be told what we need to do when our goods actually arrive

Siouxie

This is why it is recommended that the medical is done just prior to sending in the application. It's just unfortunate that there were delays with the application processing starting.

You can move to Canada as a visitor while your application is being processed, you don't have to wait until you have PR, there is no need for your g/f to jeapardise the job offer. You would enter under dual intent - meaning that you are here as a visitor but with a PR application in place. Just bring proof of the application (sponsorship approval letter, snapshot of ECAS page, proof of payment). If you are applying under common-law status then you should make sure that you travel with her and remain with her until your application is finalised.

(this was explained to you by both Schnookololly and myself here: http://britishexpats.com/forum/immig.../#post11367999)

Processing always slows down in the summer but you are still within the guidelines for processing times - hopefully you will hear soon.

deanp89

Would this would cause problems receiving all the documents in the post that will go to my address in the UK though? What would happen if it was approved whilst we are in Canada? I'm sorry, i must have missed that. Thanks for your help though. It is appreciated so much!

deanp89

Is it worth booking return flights if we were to do this, to save getting turned away at the border or just explaining the situation and pray that the border agent is having a good day? If we can do this then I will be booking my flights within the hour!!

Siouxie

You are very welcome

You would give them a change of mailing address notification (online here via the case specific enquiry: Visa office in London, United Kingdom) and also ask anyone at your mailing address to let you know if something arrived there in the meantime.

They quite often send the COPR by email - so have you been checking your email (including junk mail folders)?

It's not the border that will likely turn you away with a one way flight but the airline, unfortunately.

The CBSA will be happy provided you can show a) you have an application for PR in place with proof b) that you acknowledge that should it not be successful you will have to leave the country (proof of sufficient funds to purchase a ticket will help too) and c) that you confirm that you won't work.

However, the airline will require you to have a return ticket as you have no 'status' as such in Canada as yet. If you had received your COPR then a one-way ticket would be fine, but as a visitor they likely won't allow you to fly on a one-way.

Keeping my for you.

deanp89

I understand, thats still not a problem. Ive had the money tucked away for flights for us for a while until we figured out what we could do. We will be booking the flights later on as my partner is at work still and she wants to book them together lol

Chrisincanada

Hi, just following this thread and it's made me slightly worried.

I'm waiting on hearing back about the PR from a CL application but as my gf is starting her masters she moved back to Canada a few weeks ago... so I'm essentially waiting until the PR comes until I move out. I was planning x-mas time realisitcally.

We've already changed her address on the system and she phoned CIC to inform them of this too. It sucks to be apart obviously but is the fact that I am waiting here and she is now back in Canada going to affect our application?

C

Siouxie

Do double check your junk mail / spam folders though - a couple of people have not seen CIC messages of late.

Hope your COPR comes through soon and you get a decent price on the flight!

Siouxie

Eeeeek! Yes, it could well affect your application as you are not living together. Whilst regulations state that once common-law status has been achieved short, brief temporary breaks are permitted (i.e. a couple of weeks), the reality is that there have been members of BE that have had their applications denied for having moved away temporarily.

I would strongly suggest you don't wait until Christmas - you are pushing it at 'a few weeks' - and make sure you have documentary evidence that you have kept in normal contact during this period.

You can read more in the OP02 manual section 5:36 http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

Chrisincanada

I read the doc and this seemed to be relevant in my situation:

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.

The problem is my g/f's UK visa had run and so there was no way she could stay in the UK.... this situation must have happened before??

Is there anyone I can speak with that woud be able to confirm this, it's just I don't want to pannic quit my job, rush out there and then wait 6 months unemplyed for a PR...

HELP! v

Chrisincanada

I cant seem to reply to this but i read your doc and section 5.36 seems to contradict this?

Siouxie

Because you are a new member, any posts you make with links in are placed in a moderation queue - it's to stop spammers from posting links (not you, lol).

As I stated in my earlier post:

Whilst regulations state that once common-law status has been achieved short, brief temporary breaks are permitted (i.e. a couple of weeks), the reality is that there have been members of BE that have had their applications denied for having moved away temporarily. I suggest you look at orly's posts for confirmation of this.

You will be depending on the interpretation of the Immigration officer that processes your application. If you have been in a long term common-law relationship then possibly they will not worry about a short separation, however, if you have only recently reached common-law status they are more likely to question it.

I would strongly suggest that you make arrangements to move over to Canada as soon as possible.