NRhodes

Hi

I am approaching my 12 month period of living with my Canadian partner and I'm pretty nervous about starting the PR application.... I have a couple of questions and would be very grateful if anyone could offer me any advice...

I met my partner in London in March 2003 and moved to canada in March 2004. I've been working here on a 12 month visa, provided by Bunac.

1) I am worried about the expiration of my current visa, which will expire on the day we reach common law status. Am I legally allowed to stay in the country after this has expired?

2) Which process is quicker? To apply from the UK or to apply inland?

3) If I apply from the UK, what are the immigration laws on visiting canada during the application process. and what are the laws on leaving canada during the application process if I apply inland? (my cousin is getting married in England in June 2005 and my partner works in the states a lot and I sometimes accompany him on his trips)

4) Is there any way at all I could work in canada during the application process? I am currently working - what procedure would my employer have to go through to keep me here from March 2005 until my PR comes through?

5) what are the benefits of hiring a lawyer? Is it worth the money?

6) I see the current timescale is anything from 5-10 months - what is this range dependent on? Do some nationalities take precedence over others?

Thank you so much!
Natalie x

Andrew Miller

1) I am worried about the expiration of my current visa, which will expire on the day we reach common law status. Am I legally allowed to stay in the country after this has expired?

You need to apply for change of status, either to visitor or to work permit if you can get job offer validated by HRSDC. You need to apply before your current permit expires.

2) Which process is quicker? To apply from the UK or to apply inland?

It varies a lot inland - sometimes it is faster but most of the time the same or longer than process from abroad (if we are dealing with UK applicant)

3) If I apply from the UK, what are the immigration laws on visiting canada during the application process. and what are the laws on leaving canada during the application process if I apply inland? (my cousin is getting married in England in June 2005 and my partner works in the states a lot and I sometimes accompany him on his trips)

You don't need to leave Canada to have your PR application processed in London. You may stay here all the time as long as you get extension of stay. Only if interview is required you will have to go to London.

4) Is there any way at all I could work in canada during the application process? I am currently working - what procedure would my employer have to go through to keep me here from March 2005 until my PR comes through?

Only if you get work permit after applying for it with HRSDC validated job offer.

5) what are the benefits of hiring a lawyer? Is it worth the money?

You tell me - so far you asked a lot of basic questions. What will happen when it goes beyond basics? Can you still manage it on your own?

6) I see the current timescale is anything from 5-10 months - what is this range dependent on? Do some nationalities take precedence over others?

From the application package - it's quality, how conclusive is the evidence, are there any questions or doubts left without full and conclusive answer, etc.. With conclusive and strong package you'll get through the process fast (4 to 6 months in London) and smoothly - with inconclusive evidence, questions and doubts that need to be asked and cleared you will look into 3 to 6 months longer in London.

matty266

Hi natilie

whatever you decide you must start your police checks now my uk one took months because the Met never recieved it apparently and they require origonals of evidence of who you are, other constabularies required copies because I lived in Avon and Somerset but would take 2 months

http://www.met.police.uk

then you need canadian rcmp police checks this will take 150 days according to them mine took 130 days

http://www.rcmp.gc.ca

if you decide to go to uk get these done asap these will hold you up

i hope this helps

regards

matty266

NRhodes

Thank you so much for the advice.

Do you know if I can apply for these police checks now even though I won't be applying for PR until the end of march? How long will the documents be valid for?

Also, Andrew - if I apply inland what are the risks involved if I leave Canada for a few days during the application process?

Thanks x

Andrew Miller

Police certificates are valid for 6 months, thus getting them now is a good idea. Also remember that RCMP clearance takes about 5 months now, so get your fingerprints to RCMP ASAP.

This is a bad idea - if denied re-entry your inland process will be gone. This is why it is better to apply through the sponsorship from abroad process. Again - you don't need to be abroad to use that route.

Iggy

Hi!

We are in almost the exact same boat as NRhodes. My Scottish common law girlfriend living with me in Calgary will be applying in April 2005 as her BUNAC working holiday visa is expiring. We are pondering whether or not to apply inland or through London. If we are common law, what are the chances that she will be called for an interview? We have conclusive evidence of our relationship, letters from landlords, friends, family, utility bills, etc.

Also, if she does get called for an interview is it not a risk for her to leave the country to do the interview? This is why we've been leaning towards the inland route.

FYI, we've already applied for RCMP, UK and Aussie (she lived there for a year) police checks.

Thanks in advance for your clarification!!

PMM

Hi

Your confusing the two processes. If you apply inland, then you should not leave the country and if an interview is required you would attend in Canada. If you apply overseas, then you are a visitor in Canada, and any interview would be held at the overseas office.

PMM

Iggy

Ah yes...thanks PMM.. I realized that after I submitted. I guess I'm just curious as to what the chances are of her being interviewed. Do most common law cases require an interview? Is there a preference by CIC as to where we should apply? It just kind of shocks me that even though she will be living in Canada as a visitor with me, she can still apply through London. It seems to me that her having to go back for an interview is the only negative effect of applying overseas....am I correct?

Cheers.

NRhodes

Thanks. I'm a bit confused about changing the staus of my current visa for the period covering my application process -

Iggy, I assume you will have to get a new visa too once April rolls round and your partner's bunac visa expires(mine expires in March).

Andrew - Since the UK is a visa waiver country I'm confused as to how I obtain a copy of a valid visa from March 2005 (after my current one expires) for the purposes of the application. Do I have to cross the border and re-enter canada to get a vistors stamp in my passport? Also, how long would the vistors stamp permit me to stay? and is there any chance I would be turned away at the Canadian border?
Thank you x

Iggy

Hi,

Yes, my partner I believe has to apply to change her visa to a visitor visa once her bunac one expires even though she is from the UK. I think we are planning on sending out the form which is on the CIC website in a month or so. Anybody please correct me if this is not the right way to go about this...

thanks.

NRhodes

Thank you. I've just looked at the form online and you have to apply for the visitors visa overseas. if I have no intention of going back to England for some time can I still apply for this while I'm in Canada? And, even though England is exempt from the list, in this scenario do we still have to obtain this visa regardless?

Andrew Miller

You will have to apply for change of conditions/extension of status and ask for change of status to visitor. You will apply in Canada and should do so at least 4-6 weeks prior to expiration of current admission.

NRhodes

Thanks Andrew. I have printed off all the forms but I'm still not sure whether to extend my visa to visitor status or to work permit (my current 12 month visa is a work permit from Bunac). I was under the impression from Bunac that my visa was non-extendable and I don't want to risk being rejected for an extension of a work permit - what is the likelyhood of this happening? If I am rejected, will this affect my chance of reapplying immediately for a visitors permit?

Is it safer to just apply as a visitor and be unable to work during my PR application?

Also, I believe I need to 'prove' my reasons for extending my stay but if my reason is to remain in the country during my PR application, how can I prove an application process that hasn't yet started (I cannot start until my extension visa begins). I'm sorry for yet more questions but I can't find these answers on the CIC website! Thanks a million! x

Andrew Miller

You can't extend your work permit - you can only change status to visitor or apply for new work permit if you have job offer validated by HRSDC. And in order to be able to do it in Canada your application must reach CIC prior to expiration of your current status.