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Common law sponsorship(& work permit) or IEC?

Common law sponsorship(& work permit) or IEC?

Old Jan 4th 2015, 9:58 am
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Default Common law sponsorship(& work permit) or IEC?

Hello,

I am a Canadian currently on a 2 year working visa in the UK living with my British boyfriend. (Technically common law as we have lived together for over a year)

My visa is up in November and we want to move back to Canada together. We will be applying for his Visa from England.

The process which looks best from what I understand is the spousal sponsorship. We would start that process asap. Once accepted we would apply for a work permit from England. From what I understand he will be able to work straight away in Canada according to the new guidelines as of 22nd December 2014.

Hope I did not misunderstand any information I have read.
Many thanks or your help!
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Old Jan 4th 2015, 11:36 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Hi


Originally Posted by Maylands
Hello,

I am a Canadian currently on a 2 year working visa in the UK living with my British boyfriend. (Technically common law as we have lived together for over a year)

My visa is up in November and we want to move back to Canada together. We will be applying for his Visa from England.

The process which looks best from what I understand is the spousal sponsorship. We would start that process asap. Once accepted we would apply for a work permit from England. From what I understand he will be able to work straight away in Canada according to the new guidelines as of 22nd December 2014.

Hope I did not misunderstand any information I have read.
Many thanks or your help!
1. Believe you misunderstood it. Only "in Canada" spousal applicants with valid status in Canada can apply for the work permit. It is not immediate, probably about 4 months to get one. You would be applying for out of Canada and therefor not eligible.
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Old Jan 4th 2015, 7:52 pm
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by PMM
Hi




1. Believe you misunderstood it. Only "in Canada" spousal applicants with valid status in Canada can apply for the work permit. It is not immediate, probably about 4 months to get one. You would be applying for out of Canada and therefor not eligible.


Thank you for your reply, and I do apologize for having a follow up question....

If one is looking to work straight away, once in Canada is IEC the best option.

So much information I have read through seems contradictory and I am having. Hard time determining what is best.
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Old Jan 4th 2015, 9:09 pm
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by Maylands
Thank you for your reply, and I do apologize for having a follow up question....

If one is looking to work straight away, once in Canada is IEC the best option.

So much information I have read through seems contradictory and I am having. Hard time determining what is best.
Yes the IEC lets you work straight away providing a job can be found and the person is eligible for the IEC i.e. not over 30 when applying
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Old Jan 5th 2015, 2:54 am
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Default Re: Common law sponsorship(& work permit) or IEC?

IF you are in the UK until November, though, get your application filed ASAP as an outland application and you SHOULD have PR through well before November, then you can move over in November and be able to work straight off.

There's a spreadsheet linked in my signature with processing times. Most applications are through in about 7 months. It will take you probably 4-6 weeks to get your application together (allow time for police checks, medical, etc)... so if you send it off by the end of February, you should have your PR through around October or so.
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Old Jan 5th 2015, 4:24 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by SchnookoLoly
IF you are in the UK until November, though, get your application filed ASAP as an outland application and you SHOULD have PR through well before November, then you can move over in November and be able to work straight off.

There's a spreadsheet linked in my signature with processing times. Most applications are through in about 7 months. It will take you probably 4-6 weeks to get your application together (allow time for police checks, medical, etc)... so if you send it off by the end of February, you should have your PR through around October or so.
thanks for replying
We are currently looking at the IEC visa because it does seem like the easier choice in terms of applying, and the quickest turn around time in case we decide to go to Canada prior to November. We would then start the PR process using spousal sponsorship, as he will still be able to work in that time.

My boyfriend will be traveling in April and therefore could not send off his passport to apply for PR until May, which would not leave us enough time even if we stayed until November. From what I have read we could potentially go to Canada before he receives PR, he would not be able to work and if for some reason we needed to do an interview we would have to come back to the UK.

It is all so confusing. I really appreciate any help and guidance!
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Old Jan 5th 2015, 4:39 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by Maylands
thanks for replying
We are currently looking at the IEC visa because it does seem like the easier choice in terms of applying, and the quickest turn around time in case we decide to go to Canada prior to November. We would then start the PR process using spousal sponsorship, as he will still be able to work in that time.

My boyfriend will be traveling in April and therefore could not send off his passport to apply for PR until May, which would not leave us enough time even if we stayed until November. From what I have read we could potentially go to Canada before he receives PR, he would not be able to work and if for some reason we needed to do an interview we would have to come back to the UK.

It is all so confusing. I really appreciate any help and guidance!
The passport does not have to be sent in for this process. Assuming he's got a UK passport, which is visa-exempt in Canada, he won't have to send off his passport at all. You send a photocopy of the bio page with the original application. CIC MAY then request a photocopy of the whole passport (including blank pages) when they are ready to issue COPR, or they may just issue COPR straight out (not everyone gets the request for a passport copy)... but as long as he's got a UK passport the request should only be for a copy and not for the actual document - only those with passports from countries that require a visa for Canada will be required to send in their actual passport, and even then it's not until later in the process, not with the initial application.

So you can apply for spousal now, and travel to and from Canada, the UK, wherever as much as required while your application is being processed.
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Old Jan 5th 2015, 5:10 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by SchnookoLoly
The passport does not have to be sent in for this process. Assuming he's got a UK passport, which is visa-exempt in Canada, he won't have to send off his passport at all. You send a photocopy of the bio page with the original application. CIC MAY then request a photocopy of the whole passport (including blank pages) when they are ready to issue COPR, or they may just issue COPR straight out (not everyone gets the request for a passport copy)... but as long as he's got a UK passport the request should only be for a copy and not for the actual document - only those with passports from countries that require a visa for Canada will be required to send in their actual passport, and even then it's not until later in the process, not with the initial application.

So you can apply for spousal now, and travel to and from Canada, the UK, wherever as much as required while your application is being processed.
Okay I understand. That works well as he does have a UK passport. My only concern is what was stated from the beginning, that if we apply outbound he will not be able to work as he is waiting for PR or a work permit (if they should take longer than until November). We would apply for the work permit at the same time as applying for PR
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Old Jan 5th 2015, 5:22 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by Maylands
Okay I understand. That works well as he does have a UK passport. My only concern is what was stated from the beginning, that if we apply outbound he will not be able to work as he is waiting for PR or a work permit (if they should take longer than until November). We would apply for the work permit at the same time as applying for PR
If you apply outland now, since you qualify now, you will PROBABLY have your PR before November. Obviously no guarantees, but going on averages, you should have it through.

If you choose to apply inland and apply for a work permit, your other half could not apply until you are IN Canada, and then the work permit takes 4 months to come through. So you'd apply in November, and have the work permit around March.

You can try to get an IEC (should be opening in the next few days) and sit on that until November then activate it if you don't have PR through yet.

In whatever case I would suggest getting your sponsorship application started now. There isn't really a downside.
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Old Jan 5th 2015, 5:34 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by SchnookoLoly
If you apply outland now, since you qualify now, you will PROBABLY have your PR before November. Obviously no guarantees, but going on averages, you should have it through.

If you choose to apply inland and apply for a work permit, your other half could not apply until you are IN Canada, and then the work permit takes 4 months to come through. So you'd apply in November, and have the work permit around March.

You can try to get an IEC (should be opening in the next few days) and sit on that until November then activate it if you don't have PR through yet.

In whatever case I would suggest getting your sponsorship application started now. There isn't really a downside.
That's great. Thanks so much for your advice and help.
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Old Jan 5th 2015, 6:04 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by Maylands
thanks for replying
We are currently looking at the IEC visa because it does seem like the easier choice in terms of applying, and the quickest turn around time in case we decide to go to Canada prior to November. We would then start the PR process using spousal sponsorship, as he will still be able to work in that time.

My boyfriend will be traveling in April and therefore could not send off his passport to apply for PR until May, which would not leave us enough time even if we stayed until November. From what I have read we could potentially go to Canada before he receives PR, he would not be able to work and if for some reason we needed to do an interview we would have to come back to the UK.

It is all so confusing. I really appreciate any help and guidance!
First of all, I am absolutely no expert on this so apologies if way off the mark but I would hate for this to be overlooked if it is relevant. I've read on here (Snookololy is the expert I think) that your application for spousal sponsorship can be compromised if you spend any appreciable time apart. No idea if this is before or after you've already been together for 1 year. Maybe you're travelling with him in April? I'm sure you've already considered this aspect - and it might not even be an issue.
Good luck with the application though.
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Old Jan 5th 2015, 6:16 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Rivington's got a point... sort of.

So the official line in the handbook is that once the period of common-law cohabitation has been established (12 months of continuous cohabitation) that absences are allowed as long as they are brief. It's unlikely CIC will give you any trouble about it after you've already applied for sponsorship, and particularly so if the travel is work-related (in which case his permanent address hasn't changed)... it's still a risk. Occasionally (I can think of just one case, though) CIC gets all uppity about this rule and might get really pain in the backside about it, but chances are if the trip is less than 2 weeks then it's unlikely you'll run into any trouble. But it's worth keeping in mind... if you are able to join him for all or part of the trip it would be helpful.
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Old Jan 5th 2015, 6:30 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by SchnookoLoly
Rivington's got a point... sort of.

So the official line in the handbook is that once the period of common-law cohabitation has been established (12 months of continuous cohabitation) that absences are allowed as long as they are brief. It's unlikely CIC will give you any trouble about it after you've already applied for sponsorship, and particularly so if the travel is work-related (in which case his permanent address hasn't changed)... it's still a risk. Occasionally (I can think of just one case, though) CIC gets all uppity about this rule and might get really pain in the backside about it, but chances are if the trip is less than 2 weeks then it's unlikely you'll run into any trouble. But it's worth keeping in mind... if you are able to join him for all or part of the trip it would be helpful.
I just thought it might be worth mentioning. After going to so much trouble and effort to apply in the first place it would be a shame for the application to stumble over a minor technicality. I thought you'd mentioned this condition before Schnookaloly. Thanks for the clarification.
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Old Jan 5th 2015, 6:43 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Originally Posted by rivingtonpike
I just thought it might be worth mentioning. After going to so much trouble and effort to apply in the first place it would be a shame for the application to stumble over a minor technicality. I thought you'd mentioned this condition before Schnookaloly. Thanks for the clarification.
Thank you to both of you for clarifying. We have been living together for over a year consecutively. We would start the process asap and my boyfriend would be away for 5 days in March (without me) and I will be going away without him in April for 5 days (stag and hen do's).

These are other reasons why the IEC visa first looked the easiest for our situation.
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Old Jan 5th 2015, 6:59 am
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Default Re: Common law sponsorship(& work permit) or IEC?

Nah, 5 days apart for a short trip is not a big deal at all, I wouldn't get worked up about that. I'd say 99.9999999999999999% chance CIC is not going to give you a problem about that at all. (I make no guarantees!)

I still say apply spousal outland.
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