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Common-law (Inland/Outland) Dilemma

Common-law (Inland/Outland) Dilemma

Old Aug 28th 2015, 6:24 am
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Default Common-law (Inland/Outland) Dilemma

Hi All

My son got his PR in July through EE as a skilled worker. He and his partner will have evidence of a common-law relationship in November.

Dilemma
She is currently on her 2nd IEC visa which expires at the end of Nov. Her and my son intend visiting her family in the UK over Christmas; therefore, she will need to transfer to visitor status.

If they complete an inland application she may not gain entry back into Canada and the application becomes void.

1. Can she revert to visitor status, go back to the UK for Christmas, re-enter as a visitor, and then send off the common-law application?

2. If she completes an outland application and reverts to visitor status she can leave and return to Canada but not work; therefore, what would you suggest is the best scenario?

I understand that staying and being issued a work permit is ideal financially, but as a mother, I can't expect her to stay away from her family indefinitely.

Any advice, or pearls of wisdom would be gratefully received.

Poppit
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Old Aug 28th 2015, 8:08 am
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Default Re: Common-law (Inland/Outland) Dilemma

The easiest option is she goes back to the UK once her IEC expires. He then goes over and visits. They both come back together inform CBSA of their intentions and then submit an inland application. That of course being that they lived together and have proof as such for the 12 months to establish common law.
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Old Aug 28th 2015, 8:48 am
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Default Re: Common-law (Inland/Outland) Dilemma

Thank you so much for your prompt response.

Can I just ask: will she be granted visitor status when they come back to Canada at the airport? They will have evidence of common-law just before her IEC visa expires.

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Old Aug 28th 2015, 9:16 am
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Default Re: Common-law (Inland/Outland) Dilemma

Originally Posted by Poppit
Thank you so much for your prompt response.

Can I just ask: will she be granted visitor status when they come back to Canada at the airport? They will have evidence of common-law just before her IEC visa expires.

Poppit
Yes provided she tells CBSA of their intentions and provides proof that they are common law.
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Old Aug 28th 2015, 9:54 am
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Default Re: Common-law (Inland/Outland) Dilemma

Great.

Thank you!

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Old Aug 28th 2015, 3:11 pm
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Default Re: Common-law (Inland/Outland) Dilemma

Originally Posted by Former Lancastrian
The easiest option is she goes back to the UK once her IEC expires. He then goes over and visits. They both come back together inform CBSA of their intentions and then submit an inland application. That of course being that they lived together and have proof as such for the 12 months to establish common law.
FL, A couple of questions:

Wouldn't it be faster to do as above but apply Outland (even if back in Canada?)

Will the fact that the start of the relationship predates son's PR/COPR have any effect?
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Old Aug 28th 2015, 11:25 pm
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Default Re: Common-law (Inland/Outland) Dilemma

Originally Posted by Shirtback
FL, A couple of questions:

Wouldn't it be faster to do as above but apply Outland (even if back in Canada?)

Will the fact that the start of the relationship predates son's PR/COPR have any effect?
Outland might be quicker to get PR but it was mentioned about working so the inland route allows them to work while in process if eligible for the pilot project.
Effective December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.
Citizenship and Immigration Canada (CIC) will issue open work permits to certain spouses or common-law partners who are applying for permanent residence from inside Canada, before the approval in principle decision on their application is made.

As far as Im aware as long as they meet the common law requirements an application can be submitted regardless of neither of them being a PR when the relationship started. Its their status at the time the application is submitted that matters.
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Old Aug 29th 2015, 4:03 am
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Default Re: Common-law (Inland/Outland) Dilemma

Hi, the Inland/Work permit is a one year pilot so it could finish after December: close to when the couple will apply. I suppose the chances are it will continue but as we all know, it could change.

Shirtback: I think I know what you mean. From what Poppit has said, the couple were not in any qualifying relationship that CIC recognises so the girlfriend could not have been added.


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Last edited by Snowy560; Aug 29th 2015 at 4:25 am.
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