Common Law Visa Advice

Old Jan 7th 2022, 7:43 pm
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Default Common Law Visa Advice

Hi all, posted on here once or twice about finding jobs etc. Me and my fiancee (Canadian Citizen with duel Canadian/British Citizenship) are looking to move to Canada as she's homesick and I'm at an age (31) where I can happily go and try out life in Canada, here now, been here for over a month and have been living it, but sadly back to the UK in a few days.

Anyway we have been looking at different options to get me here, and obviously, as some people have disappointed out, she can sponsor me. So I'm just curious about a few things really.....

- Is there a deadline for applications, or can you apply any time?
- How long do applications take?
- Is there any financial limits my partner has to make to sponsor me?
- When/if I'm accepted can I work here in any job role? say from working in Tims to working in management etc

I'm asking about a few of these, as her mother has happily said we can stay at here for a couple of months rent free as we sort ourselves out with finding places to live etc, and I'm asking about the jobs as I'd happily work in hospitality or retail whilst I look for a higher paid job in the fields I work in the UK.

Thanks in advance
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Old Jan 7th 2022, 8:50 pm
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Default Re: Common Law Visa Advice

You can apply at anytime, as long as you’ve lived together for a year or more.

Takes about a year as a rough guide.

Your fiancée doesn’t need to earn anything to sponsor you.

You’d have Permanent Residency, so any job other than those that require citizenship.

The spousal sponsorship FAQ (link in the sticky threads) may be useful reading.

HTH.
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Old Jan 7th 2022, 10:42 pm
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Default Re: Common Law Visa Advice

And just to add, it’s fairly straight forward for most submissions to fill out the forms and compile the evidence without needing a lawyer or advisor. We did it all ourselves and simply had a friend look over the application to make sure we’d dotted the i’s and crossed the t’s.

We were precovid in 2017-2018 but got our application approved in 6 months.
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Old Jan 8th 2022, 1:04 pm
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Default Re: Common Law Visa Advice

The forms are easy to fill in but make sure you read them properly, take your time filling them in, check your answers, then check again and then check one last time before posting, we forgot to send 1 document first time round and that has set us back a good 6 months as we had to resubmit our application.
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Old Jan 8th 2022, 2:10 pm
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Default Re: Common Law Visa Advice

Thanks for the advice all, we're going to look into them asap and start filling them out, as we hopefully want to be here early next year. Luckily my fiancee is a copy editor so she's good at going over things multiple times. I do have a question my fiancee wants me to ask, when and if I get accepted and living in Canada, god forbid something serious happened to me, would I be able to claim a disability benefit? Strange question I know, but she wants to know everything before we apply.

Thanks
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Old Jan 9th 2022, 2:05 pm
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Default Re: Common Law Visa Advice

Just a follow up to my previous question about disability, the common law visa would grant me permanent residency? As some places I've seen online say you must apply for permanent residency alongside the common law visa.

Thanks in advance all, last day in Canada today before heading back to the UK

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Old Jan 9th 2022, 2:10 pm
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Default Re: Common Law Visa Advice

Originally Posted by Drunkarchaeologist View Post
Just a follow up to my previous question about disability, the common law visa would grant me permanent residency? As some places I've seen online say you must apply for permanent residency alongside the common law visa.

Thanks in advance all, last day in Canada today before heading back to the UK
Yes, you'd be applying for PR. Not sure where you're reading that, but forget those websites. Only use the official site (and BE!) - https://www.canada.ca/en/immigration...-children.html
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Old Jan 12th 2022, 9:35 am
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Default Re: Common Law Visa Advice

Just reading over the application guides on the canda.ca website, and the bit that says....

How long is a permanent resident visa valid?

A permanent resident visa is issued for a period not extending beyond the earliest expiry date of the sponsored person’s (and any family members):
  • medical results
  • passports
This may sound like a stupid question, but does that mean, say I have a year left on my passport when I apply that if my visa gets approved, it'll only be valid for a year?
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Old Jan 12th 2022, 9:42 am
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Default Re: Common Law Visa Advice

Originally Posted by Drunkarchaeologist View Post
This may sound like a stupid question, but does that mean, say I have a year left on my passport when I apply that if my visa gets approved, it'll only be valid for a year?
Yes, your visa will only be valid for a year. But remember a visa is just an entry document, it's nothing to do with the status you'll get after entering on it. So you need to enter Canada within a year of the date of your medical to 'land' (use your visa to enter and get PR status), or your visa will expire and you'd have to reapply. Once you have landed and got PR status, you then have that indefinitely living in Canada and your next step would be to apply for citizenship (if you wanted - you don't have to).

I'd suggest making a cuppa and having a really good read of the Wiki on here, which is full of useful info in layman's terms, so much easier to understand. The spousal FAQ should be your starting point, but these Wiki articles may also be useful -

https://britishexpats.com/wiki/Landing_as_PR-Canada

https://britishexpats.com/wiki/Resid...gations-Canada

HTH.

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Old Jan 12th 2022, 10:41 am
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Default Re: Common Law Visa Advice

Originally Posted by christmasoompa View Post
Yes, your visa will only be valid for a year. But remember a visa is just an entry document, it's nothing to do with the status you'll get after entering on it. So you need to enter Canada within a year of the date of your medical to 'land' (use your visa to enter and get PR status), or your visa will expire and you'd have to reapply. Once you have landed and got PR status, you then have that indefinitely living in Canada and your next step would be to apply for citizenship (if you wanted - you don't have to).

I'd suggest making a cuppa and having a really good read of the Wiki on here, which is full of useful info in layman's terms, so much easier to understand. The spousal FAQ should be your starting point, but these Wiki articles may also be useful -

https://britishexpats.com/wiki/Landing_as_PR-Canada

https://britishexpats.com/wiki/Resid...gations-Canada

HTH.
Thanks, reading through this now. Just another question, sorry if it has been covered elsewhere, but I notice that one of the statements on the visa is, if applying from within Canada, apply for a work permit too whilst the application is going through. Does this mean I could move to Canada with my partner and apply there and work in the meantime? Is there certain jobs I have to do for the work permit like management etc? I only ask as my partner is incredibly home sick, so the sooner we get there the better really.
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Old Jan 12th 2022, 10:49 am
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Default Re: Common Law Visa Advice

Originally Posted by Drunkarchaeologist View Post
Thanks, reading through this now. Just another question, sorry if it has been covered elsewhere, but I notice that one of the statements on the visa is, if applying from within Canada, apply for a work permit too whilst the application is going through. Does this mean I could move to Canada with my partner and apply there and work in the meantime? Is there certain jobs I have to do for the work permit like management etc? I only ask as my partner is incredibly home sick, so the sooner we get there the better really.
But you're applying from the UK, so that isn't relevant I'm afraid, it's only for those already in Canada who apply from there. The best thing to do would be to apply asap, hopefully you'll have PR by the end of the year or early next year, and she can obviously visit in the meantime (just don't spend too long apart - see the FAQ for info on that!).

Info on outland v inland here - https://britishexpats.com/wiki/Spous...d_Applications

HTH.

Last edited by christmasoompa; Jan 12th 2022 at 10:52 am.
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Old Jan 12th 2022, 10:55 am
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Default Re: Common Law Visa Advice

An yeah thought that might be the case, I'm back there in August for two weeks anyway, yeah wanting to get these done asap, except the pdf files don't open on my kindle, so gonna have have to get access to a PC. Final question for now, when I fill out the forms, is it best to fill them out on a PC the print off, or print off and fill out by hand?

Thanks again for your help, soooooooo appreciated by both of us
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Old Jan 12th 2022, 4:20 pm
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Default Re: Common Law Visa Advice

Originally Posted by Drunkarchaeologist View Post
An yeah thought that might be the case, I'm back there in August for two weeks anyway, yeah wanting to get these done asap, except the pdf files don't open on my kindle, so gonna have have to get access to a PC. Final question for now, when I fill out the forms, is it best to fill them out on a PC the print off, or print off and fill out by hand?

Thanks again for your help, soooooooo appreciated by both of us
You can do either, personally I'd always go with filling them out on a computer, but my writing tends to be a bit scribbly and illegible!
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Old Jan 12th 2022, 4:43 pm
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Default Re: Common Law Visa Advice

Originally Posted by christmasoompa View Post
You can do either, personally I'd always go with filling them out on a computer, but my writing tends to be a bit scribbly and illegible!
Oh ok cool, I'll probably fill them out by hand as a friend will print them all off for me, I normally write in block capitals for my work to make things legible, so I'll probably do that, unless they don't allow block capitals that is. Just annoying as my PC has just given up for me, otherwise I would have just filled them out on there
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