nicolabanff

Hi,

Feeling a tad confused. Currently I have been here for 3 years. The first year I was on an open work visa through bunac. Last year I was sponsored by my employee, and then this was renewed again for this year. So my problem is that I have been told that my job will cease to exist on the 30th April, 2010, even though my permit is until February 22, 2011.

My boyfriend of 12 months is Canadian and I am thinking the best way to stay would be for common law sponsorship. We have been living together for a year and have all the documents to support the application. I am wondering if anyone could help me answer the following though:

1. I have to go home 15th May- 3rd June, so could I send in my application now (start of March), and start getting it processed and then continue to wait for an answer. Would my trip home, harm my application for sponsorship?

2. If The answer to the question above, is that my trip home would cancel my application, could I come back into the country as a visitor and then apply for sponsorship? Could I apply inland or is it better to apply out?

I am confused and I really do not want to mess up my application!

Has anyone else been in a similar situation? Or has any advice? I have to go home in May, so staying is not an option.

Please help!!!

Thanks
Nicola

Waltzing Matilda

Hey Nicola.....I applied for PR via Common Law sponsorship and I have just recieved my passport request. I applied at the end of November and got my passprt request a week ago. It seems that people are getting their PR really quickly (if they go through the spousal sponsorship!)

Even though you are living in Canada, I would apply outland. It is so much quicker. The only downside of this is that if you get called for an interview then you would have to fly back to England. But to be honest, if your application is straight forward and you have plenty of evidence then I don't see why you would get called for an interview.

I had a trip home in the middle of my application and it wasn't an issue. That said, I did still have a valid TWP. But to be honest, if you get your application sent in ASAP, you might even have you passport request by the time you take your trip.

Good luck with the application! Any questions....just ask!

Kynn

Send it in now and get it underway. Look into applying via the Outland route for quicker processing. Odds are if you get it in now, you'll have your visa by June when you would be looking at coming back. If not, it shouldn't be long after (assuming your app is straightforward and has lots of 'evidence' etc). If you don't, you could come back to Canada as a 'visitor' until it is complete. You wouldn't be able to work, but you'd at least be able to be with your partner. Otherwise, you could wait in the UK for it. There is no harm in getting it sent in now and then taking the trip. In fact, if you get REALLY lucky, you might get your passport request BEFORE your trip and be able to drop it off in London in person and then pick it up again 2 weeks later while you are over there (avoiding the delay/cost of shipping it from Canada).

nicolabanff

Thanks so much for all your responses. If I went on your recommendation and applied outland, and got first stage approval, before April 30th which is when my job will cease to exist; could I still go home in May? And then return in June? Would I also have to notify CIC that my status is now 'visitor' status, as the company that I work for is no longer running?

I really appreciate all the responses....this website is a lot more helpful than service Canada!!!

Thanks

Kynn

Ok, if you go outland, here's the process:
1. Fill out paperwork, gather all evidence, medical receipt and police check (UK), compile and mail to Mississauga.
2. In (roughly) 30 days your sponsor should receive a letter from Mississauga saying he has been approved to sponsor you (and your application is forwarded to London, England at this point).
3. In some chunk of time after that (could be anywhere from a couple weeks to months, but most people are reporting about 4 weeks), assuming everything is in order and your application is approved, you will receive a letter requesting you send your passport to London for your visa to be put in it.
4. You either a) mail your passport to London and wait for them to mail it back or b) take it to London in person (can't remember which day of the week you can drop it off, but someone on here will know) and pick it up in person 2 weeks later.
5. You come back to Canada and land, activating your PR status.

Once you've met your 12 months living together requirement for common-law, you can go back to the UK if you want to to visit (even if your partner has not heard from Mississauga). If your work permit is not valid when you come back, you can, in theory, enter as a visitor while awaiting the outcome of the Spousal Sponsorship. You'd just tell them at the border on the way back in that you're coming over to visit.