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common law application questions

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Old May 5th 2008, 2:14 am
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Default common law application questions

hello there,

after lots and lots of reading here I still have a few questions regarding this application to sponsor my boyfriend as common law. We have been together for over a year but only started living together in february, having said that we dont plan to file the application until after the 12 months period, when we have common law status.
We are spending the remaining months trying to build a 'water tight" application file/proof/evidence and all that.

My question is about when we file from the UK. Ive read we can file outside Canada to the London office. After doing that, say a month or so, could we both move to my family's home in Canada - he obviously as a visitor, and not being able to work, but I would start working immediately? I ask this because of my job and when I am allowed to leave (working as a teacher, different points in time you can leave - and I need to leave before the summer term starts so Im home to catch the hiring process in Ontario, etc etc etc). I was just wondering if we could file in say, February after the 12month period of evidence etc. Stay here until about end of March (my end of term) and then relocate to wait out the rest? I read I would have to show evidence of my intent to return home - flights booked, resignations at work etc.

We're hoping fingers crossed that applying in Feb, moving early April and then waiting in Canada will move it faster than applying in Canada so that he doesnt have to sit idle and not work. Having said that he does freelance web/graphic design - Im not sure if he could continue to work for UK clients while abroad - which would help if allowed.

Any help guidance is appreciated - all the reading and paperwork and fine details has my head spinning.

Also - for documents to keep I have our lease agreement, council tax bills, mail to both of us, photos of us together over the whole relationship and phone bills of calling between us when I was on holiday at home over Xmas etc. Anything else I should start hanging on to? My greatest fear is working to build this application and then being rejected!

Sorry for the longwinded post - I tend to babble when wound up.

Jenn
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Old May 5th 2008, 2:15 am
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Default Re: common law application questions

Ps - we would be staying at my Mothers home until we heard back of successful sponsorship so that we dont take on a 12 month lease and he end up not getting into canada successfully. Will this affect the application? We will still be living together, just in my Mothers home, not our own home for the beginning.

Thanks again!
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Old May 5th 2008, 2:24 am
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Default Re: common law application questions

Originally Posted by Jhulley
My question is about when we file from the UK. Ive read we can file outside Canada to the London office.
You don't file sponsorship application through London - you submit both packages (your application to sponsor and your partner's PR application) together to Mississauga. After you are approved as sponsor Mississauga forwards PR part to London.

Originally Posted by Jhulley
After doing that, say a month or so, could we both move to my family's home in Canada - he obviously as a visitor, and not being able to work, but I would start working immediately? I ask this because of my job and when I am allowed to leave (working as a teacher, different points in time you can leave - and I need to leave before the summer term starts so Im home to catch the hiring process in Ontario, etc etc etc). I was just wondering if we could file in say, February after the 12month period of evidence etc. Stay here until about end of March (my end of term) and then relocate to wait out the rest? I read I would have to show evidence of my intent to return home - flights booked, resignations at work etc.
If you are a Canadian then nothing stops you from starting work immediately, unless you need license/registration.

Originally Posted by Jhulley
We're hoping fingers crossed that applying in Feb, moving early April and then waiting in Canada will move it faster than applying in Canada so that he doesnt have to sit idle and not work. Having said that he does freelance web/graphic design - Im not sure if he could continue to work for UK clients while abroad - which would help if allowed.
Not as freelancer. If he would be employed by company in UK and paid salary in UK then he could telecommute to work from Canada. But he cannot work as self-employed in Canada, regardless where customers are located.

Originally Posted by Jhulley
Also - for documents to keep I have our lease agreement, council tax bills, mail to both of us, photos of us together over the whole relationship and phone bills of calling between us when I was on holiday at home over Xmas etc. Anything else I should start hanging on to? My greatest fear is working to build this application and then being rejected!
Joint bank accounts, credit cards, making each other beneficiary in insurance policies, statutory declaration of common-law union, support letters from friends and relatives confirming fact of relationship, etc., etc. ....
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Old May 5th 2008, 2:36 am
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Default Re: common law application questions

Hi again

Wow fast reply - thanks for that!
Im a 100% Canadian. I came over to the UK in 2006 on a working holiday and then was transferred to a work permit through the school I work for.
Just for clarification - application is sent to Mississauga, but is submitted as an 'outland' or 'outside' canada one? And Then we could relocated to Canada to wait it out. The part Im worried about is changing from a documented living arrangement - on the lease here in the UK, to living with a family member. Because there will be no lease with our names on it for that period will that void the 12 months? Or will it be ok as the application is submitted prior to that change?

Also about his working - if he continued to work for his current UK company or another UK company and was paid in UK pounds to his British account that would be acceptable? Basically right now he completes lots of design work from home. We were wondering if he could continue to do that while in Canada as a visitor, working on a telecom basis or someother term for it.

Thanks again!
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Old May 5th 2008, 2:43 am
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Default Re: common law application questions

Originally Posted by Jhulley
Just for clarification - application is sent to Mississauga, but is submitted as an 'outland' or 'outside' canada one?
Yes

Originally Posted by Jhulley
And Then we could relocated to Canada to wait it out. The part Im worried about is changing from a documented living arrangement - on the lease here in the UK, to living with a family member. Because there will be no lease with our names on it for that period will that void the 12 months? Or will it be ok as the application is submitted prior to that change?
You worry too much about this part. Your partner should notify London (if PR case is already there at the time of relocation) about change of residential address (and mailing address if it changes too).

Originally Posted by Jhulley
Also about his working - if he continued to work for his current UK company or another UK company and was paid in UK pounds to his British account that would be acceptable? Basically right now he completes lots of design work from home. We were wondering if he could continue to do that while in Canada as a visitor, working on a telecom basis or someother term for it.
As long as he continues to be employed and paid in UK then he doesn't need any work permit to telecommute to his UK job from Canada.
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Old May 5th 2008, 2:48 am
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Default Re: common law application questions

Thank you!

That relaxes me quite a bit! Now I can just stress out about working on building a water tight file - all that evidence and such.

Thanks again,

Jenn
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