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Common-Law Inland (spousal class) experience

Common-Law Inland (spousal class) experience

Old Dec 24th 2018, 1:47 am
  #1  
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Default Common-Law Inland (spousal class) experience

Currently into my second year of an IEC work permit with about 9 months remaining. I have a girlfriend, a job I like, a nice apartment and a couple of cats. So as I imagine is a fairly common occurunce with similar individuals in my situation, I have started to think seriously about applying for permanent residence. I have been living with my partner for over a year and we have been together for over 3 years so my initial research is focused on the SCLPC class.

Does anyone have any experience with this? Processing times, common pit falls etc.

I suppose to get the ball rolling my first 2 major concerns are: have I left it too late? Is 9 months long enough to apply without having to go home and lose everything?

Secondly, I read this recently:

As of December 22, 2014, open work permits may be issued under a pilot program to applicants who are in the spouse or common-law partner in Canada (SCLPC) class. The duration of this pilot program has been extended to January 31, 2019.

Does that mean as of next month this Pilot just ends and is no longer an option to us? Or nobody knows yet kind of thing.

Kind regards, this website has been an excellent resource in the past, so I offer thanks to any responses in advance.

Cray
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Old Dec 24th 2018, 5:21 am
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Default Re: Common-Law Inland (spousal class) experience

Hello and welcome to BE!

I've moved your thread to our Immigration Forum and changed your title slightly as I'm not sure the majority would understand the acronym
To start with I suggest reading our wiki sections on Spousal Sponsorship - and if you do a search you will find many threads on the subject
Regarding the pilot, it's a nobody knows yet thing - it's been running for 5 years and was a pilot, so you'll have to wait and see!

Time wise, for an Inland application you are pushing it a little.. but if you get a move on, put together a really good application with lots of supporting documentation (this is where our wiki sections will be of help) then you might be lucky enough to receive your COPR in time. Average processing time for Inland applicants is 12 months. If your IEC is about to expire before you have a reasonable expectation of receiving your COPR then you can apply to change to being a visitor - provided it's received before your IEC expires you will be able to remain in Canada (without working). Your other option is to apply "Outland" i.e. London or similar - you do not have to be living outside Canada to apply "Outland" and generally processing times appear to be a little faster. You can read many posts on our Spousal Sponsorship thread: Timeline For Spousal Sponsorship via London

With Inland applications it's recommended that you don't leave the country as there are no guarantees they will let you back in.. and unless you are residing In Canada (Inland) at the time they will issue the COPR, you will be back to square one.. you have to be here to qualify.

Do have a good read of the following:
https://britishexpats.com/wiki/Spous...sorship-Canada
https://britishexpats.com/wiki/Spous...lication_Forms
https://britishexpats.com/wiki/Spous...hip-Canada/FAQ (old application forms but lots of good information still)

Last edited by Siouxie; Dec 24th 2018 at 5:25 am.
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Old Jan 7th 2019, 12:21 am
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Default Re: Common-Law Inland (spousal class) experience

Thanks for the detailed response Siouxie. I really appreciate it. Though the answer and what I sort of already knew in my subconscious is really demoralizing.
I wouldn't have the finances to really stay as a visitor without being able to work whilst waiting for a decision, mostly because I'd lose my job when my work permit expires. And still have to pay rent, groceries car insurance etc.

My kingdom for an extension...... Sigh.

​​​​​​I have been fairly industrious looking at the procedure for applying and could probably put together an application fairly quickly, but it would still likely be too late. My only real hope at this point is that the pilot program is extended further that allows you to get an open work permit whilst you wait for a PR decision. The time frame on those as it stands is quoted at 3-4 months leaving me ample time with my current 9 months to work with.

But as you rightly said nobody knows what will happen with that.

Just a really grim prospect as I sit watching a movie with the girlfriend and pets in what I now consider home to know in a few months I may have no right to be here anymore, and there isn't that much I can do about it.

It's my own fault for not being prepared earlier. Lesson learned hopefully

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Old Jan 7th 2019, 1:16 am
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Default Re: Common-Law Inland (spousal class) experience

Originally Posted by CRAY View Post
Thanks for the detailed response Siouxie. I really appreciate it. Though the answer and what I sort of already knew in my subconscious is really demoralizing.
I wouldn't have the finances to really stay as a visitor without being able to work whilst waiting for a decision, mostly because I'd lose my job when my work permit expires. And still have to pay rent, groceries car insurance etc.

My kingdom for an extension...... Sigh.

​​​​​​I have been fairly industrious looking at the procedure for applying and could probably put together an application fairly quickly, but it would still likely be too late. My only real hope at this point is that the pilot program is extended further that allows you to get an open work permit whilst you wait for a PR decision. The time frame on those as it stands is quoted at 3-4 months leaving me ample time with my current 9 months to work with.

But as you rightly said nobody knows what will happen with that.

Just a really grim prospect as I sit watching a movie with the girlfriend and pets in what I now consider home to know in a few months I may have no right to be here anymore, and there isn't that much I can do about it.

It's my own fault for not being prepared earlier. Lesson learned hopefully

​​​​
​​​​

Sadly there are no extensions on an IEC - but as you said, you may get lucky and the Pilot may continue - or you may get lucky and the process could speed up.. however, you won't be lucky with either unless you get your finger out and get your application put together with all the supporting documentation. If you do decide to return to the UK (i.e. apply 'outland' and go back when your IEC expires) then make sure to follow the guide in the wiki so that you continue to be classed as 'common-law' - normally only short breaks apart of a few weeks at most are recommended to retain your CL status.. if you were married that would not arise, of course. (Nor is there the same degree of backing documentation necessary).


Do start looking at the forms, go through the document checklist, see what you are required to supply - there's a LOT of supporting documentation required for common-law applications. You couldn't have applied until such time as you had resided together 'as if married' for at least 12 months.. but now you've reached that point, go for it! Do make sure to have things like a rental agreement in joint names, bank account in joint names, naming each other on your Healthcare benefits (if you have them) or workplace benefits.. things to show that you are living as a couple 'as if married' not as flat sharers.


The wiki is super helpful to explain how to fill out all the forms and what documentation to supply - how to get it / how to develop alternatives..

Best of luck - don't delay!

Last edited by Siouxie; Jan 7th 2019 at 1:28 am.
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Old Jan 9th 2019, 7:47 pm
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Default Re: Common-Law Inland (spousal class) experience

Application well under way.

Luckily not having any kids and divorced or deceased ex's to include as part of the process means a bunch of the application sections can be pretty much skipped (select N/A etc)

The only thing I am struggling finding is validity length on a police certificate. When looking into the FAQ's on CiC website it says validity depends on what program you are applying for. Then when I select the class I am applying for it simply redirects to the "sponsor your spouse - basic guide" on which there is no info on validity length.

The wiki has proved an excellent resource but the only part of interest is:
  • For countries where you have lived for six months or more, the police certificate must be issued after the last time you lived in that country.

I'm just wondering if anyone know where that information might be officially stated or if it's just out if date wiki info. Though written even that means I would need a new one as it specifies AFTER.

The main reason I am asking, as you might have guessed is because if I can use the Police check I gave for my IEC application roughly a year and a half ago it will save significant time and money in getting a new one.

As always, advance thanks for the invaluable help you give.

C
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Old Jan 9th 2019, 8:09 pm
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Default Re: Common-Law Inland (spousal class) experience

Originally Posted by CRAY View Post
if I can use the Police check I gave for my IEC application roughly a year and a half ago it will save significant time and money in getting a new one.
No chance at all. Police certificates used to be considered valid for 3 months, then it was extended to six months, now perhaps back to 3 months. No chance with an 18 month old one.
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Old Jan 9th 2019, 8:52 pm
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Default Re: Common-Law Inland (spousal class) experience

Excellent Hurlabrick

That helps a lot. As far as I can tell I only need a scanned copies of things for both the police check application and following PR app and not originals, so no need to bother with mailing back and forth.

If I put my postal adress as my parents back in the UK and just get them to scan it, the turnaround should still be OK, especially if I pay the extra for fast track.

Really appreciate the fast responses

C

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Old Jan 9th 2019, 11:01 pm
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Default Re: Common-Law Inland (spousal class) experience

Originally Posted by CRAY View Post
Application well under way.

Luckily not having any kids and divorced or deceased ex's to include as part of the process means a bunch of the application sections can be pretty much skipped (select N/A etc)

The only thing I am struggling finding is validity length on a police certificate. When looking into the FAQ's on CiC website it says validity depends on what program you are applying for. Then when I select the class I am applying for it simply redirects to the "sponsor your spouse - basic guide" on which there is no info on validity length.

The wiki has proved an excellent resource but the only part of interest is:
  • For countries where you have lived for six months or more, the police certificate must be issued after the last time you lived in that country.

I'm just wondering if anyone know where that information might be officially stated or if it's just out if date wiki info. Though written even that means I would need a new one as it specifies AFTER.

The main reason I am asking, as you might have guessed is because if I can use the Police check I gave for my IEC application roughly a year and a half ago it will save significant time and money in getting a new one.

As always, advance thanks for the invaluable help you give.

C
Just for your info, all the information in the Spousal section of the wiki can be taken as the official line.. with LOTS of helpful information added in - most of our Immigration related wiki items are updated regularly.. as and when there are changes to the procedures or regulations..


Dp make sure to read it, particularly when putting your application together - proof of residing together / as if married etc.

Last edited by Siouxie; Jan 10th 2019 at 12:04 am.
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Old Jan 11th 2019, 2:54 am
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Default Re: Common-Law Inland (spousal class) experience

The wiki along with the fine ladies and gentlemen of the forum are an invaluable resource/source of aid when you feel a little overwhelmed by the mountains of paperwork anything like immigration involves. Someone once said "if your not sure how to get somewhere, ask someone who's already been there" .. Or something along those lines.

I for one am extremely grateful for everyone here in the community and on top I'm sure there are thousands of people who have been saved sleepless nights because of its existence.

C
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Old Jan 20th 2019, 8:08 pm
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Default Re: Common-Law Inland (spousal class) experience

So. Application almost done. Just putting together the final touches. My head is really mush after doing what should have probably took me a couple months in a couple of weeks. But I can't blame anyone but myself.

Anyways I will be hitting you guys with a few last questions as my OCD's and little sleep override any confidence I have in the application in the course of the next couple days. As always my extreme gratitude is given in advance.

The only thing of immediate concern is the attached application for an open work permit. I believe I can still put this in based on the pilot not ending until Jan 31st (hopefully if they recieve my package before then it will still be considered under that pilot?).

In my checklist to apply for that I am completing the IMM5710 "application to change conditions, extend my stay, or remain in Canada as a worker".

Question 3 asks if I wish to apply to:
Apply for a work permit with the same employer
Apply for a work permit for the first time or with a new employer
Restore my status as a worker
Get a new temporary resident permit (for inadmissible applicants only)

I have selected "restore my status as a worker" but it has flagged as red and says I must select one of the first two. However I am not wanting to check any of the first two as I thought my Open work permit under a spousal sponsorship would have nothing to do with my current employer, but the second would be a lie as I'm not applying for a work permit for the first time.
Did fill out the wrong forms or am I just getting confused.

Kind regards
Cray
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