Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

Difficulty of Changing PR application from spousal to CEC

Difficulty of Changing PR application from spousal to CEC

Old Feb 14th 2017, 8:32 am
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2017
Posts: 22
englishman111 is an unknown quantity at this point
Default Difficulty of Changing PR application from spousal to CEC

Hello everyone,

I have recently applied for PR last year via common law spouse (inland). We are semi confident that it will be approved though we have paused it currently due to unforeseen circumstances. We are now planning on applying again for my PR though due to my CL spouse and I needing to leave Canada for around 6 months at he end of 2017 we need to re apply another way. I was told the inland process takes about 2 years to complete and that if you leave Canada in that time, it would be deemed void? Is that correct? I am a qualified electrician in England and Canada (red seal) and have almost 2 years work experience here. I was thinking I would re-apply through the Canadian experience class, which is supposedly a lot quicker processing and granting and allows us to leave the country when needed? I have a temp work permit until late this year.
Any help would be greatly appreciated
Thanks

Last edited by englishman111; Feb 14th 2017 at 8:37 am.
englishman111 is offline  
Old Feb 14th 2017, 8:35 am
  #2  
Just Joined
Thread Starter
 
Joined: Jan 2017
Posts: 22
englishman111 is an unknown quantity at this point
Default Re: Difficulty of Changing PR application from spousal to CEC

Also I was wondering if it was possible to contact the cic and change the application to a cec application or would I have to completely cancel the inland spousal and re-apply from the beginning with the Cec.
englishman111 is offline  
Old Feb 15th 2017, 1:14 am
  #3  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Difficulty of Changing PR application from spousal to CEC

You can't change your PR application at all, they're completely different streams, different forms, different requirements.

Yes, if you leave Canada your application will be voided. I don't know how they track this though, I just know that one of the requirements of applying inland means that you have to be resident in Canada. Inland applications are being processed in about a year or so, down from the original two when you'd applied. When did you apply last year? (I am lazy and did not check your post history.)

I am assuming your plan is to return to Canada pretty soon. I am wondering (and I would like others to weigh in as I am only speculating) if you could just leave Canada temporarily and not have that cancel your inland application. Like, are you actually MOVING back to the UK? Like, selling your place, renting/buying a new place, getting a new job, etc, or is it just a temporary trip to the UK to take care of some stuff and then coming back - are you shipping all your stuff out of Canada? Or are you leaving a load of your stuff with the intention of returning?

I'm wondering if you can just leave your application processing and ask a friend or osmething to check your mail in case anything arrives. You may hvae to make a quick trip back to Canada to do your landing interview and whatnot, but it does mean potentially not having to withdraw your application.

If you do have to withdraw, then I would suggest filing outland ASAP. There are new forms so you don't have to do things like get a new medical and the new forms are more straightforward, and presumably you'd have all the info since you already did an inland application. You could file that ASAP (you'd have to wait for confirmation of the inland one being cancelled first), and you'd be approved in about 8-9 months based on current averages via London (more like 4 if you are lucky enough to go to Ottawa instead for processing but that's just luck of the draw).

I do think applying as an inland applicant is the fastest way, unless you have over 450 points on CRS for EE.

Very interested to hear thoughts from others, though, particularly on whether the inland application actually needs to be withdrawn.
SchnookoLoly is offline  
Old Mar 12th 2017, 9:31 am
  #4  
Just Joined
Thread Starter
 
Joined: Jan 2017
Posts: 22
englishman111 is an unknown quantity at this point
Default Re: Difficulty of Changing PR application from spousal to CEC

Thankyou for your response. I am thinking of leaving Canada for roughly 3 or 4 months before the year is up. My spouse would be with me but I was still under the impression we would have to re apply outland or EE. I was previously told once the PR application is approved we then have to stay within Canada for the following two years without leaving? Is that correct? I also think it would be quicker for me to apply through the EE Cec class?
englishman111 is offline  
Old Mar 12th 2017, 9:39 am
  #5  
BE Forum Addict
 
Snowy560's Avatar
 
Joined: Dec 2012
Location: British Columbia
Posts: 3,266
Snowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond reputeSnowy560 has a reputation beyond repute
Default Re: Difficulty of Changing PR application from spousal to CEC

I think you are confused between the residency obligation for any person who is a PR (2 years out of 5) with the fact that it is generally inadvisable to leave Canada while an inland spouse application is in process (which up until recently was taking about 2 years).

Last edited by Snowy560; Mar 12th 2017 at 9:52 am.
Snowy560 is offline  
Old Mar 13th 2017, 12:45 pm
  #6  
Just Joined
Thread Starter
 
Joined: Jan 2017
Posts: 22
englishman111 is an unknown quantity at this point
Default Re: Difficulty of Changing PR application from spousal to CEC

So this means that once i have my application approved, I can then leave and return as long as I am here for at least 2 years out of 5? I am unsure of what to do whether I should stick with this one and hope it gets approved within the year or re-apply under the EE program. Could I possibly apply for a EE from outside of Canada?
Thanks
englishman111 is offline  
Old Mar 13th 2017, 12:56 pm
  #7  
Banned
 
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: Difficulty of Changing PR application from spousal to CEC

If you want to travel with your spouse (and you haven't already received spousal approval, meaning they haven't started processing) you could theoretically withdraw your "Inland" application and reapply under "Outland". It would be far easier than applying under Express Entry - and at a lower cost too.

The reason they request/advise you not to leave the country while in process when applying "Inland" is that if for any reason you are refused entry back into Canada, your application will be nul and void. That doesn't mean that you can't do it, just that you take a risk if you do.

Can I leave Canada while IRCC processes my application for permanent residence?

Can I leave Canada while IRCC processes my application for permanent residence?

Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.

If you leave Canada and want to return, you must have all the required documents to enter. This can include:

a valid passport or other travel documents,
a valid work permit or study permit, if you need one, and
a valid visitor visa or an Electronic Travel Authorization (eTA), if you need one.

If you are unable to return to Canada, we could determine that you abandoned your application. In that case, we will not process it.

]If a spouse or partner sponsored you under the Spouse or Common-law Partner in Canada (SCLPC) class while you were living in Canada:

You may want to re-apply to be sponsored from outside Canada as a member of the Family class if:

you do not plan to live in Canada with your sponsor while we process your application
you left and cannot return to Canada

If you need to re-apply from outside Canada to be sponsored as a member of the Family class, you should:

withdraw your SCLPC application, and
submit a new application

Once you are approved for PR - i.e. received your COPR and 'landed' as a Permanent Resident - you must remain in Canada for 2 years out of 5 on a rolling basis, though it can be accummulative and not consecutive.

Is it absolutely necessary for you to leave prior to obtaining PR? If would be far easier to wait until you have it, do your 'landing' and then go travelling.


Last edited by Siouxie; Mar 13th 2017 at 1:04 pm.
Siouxie is offline  
Old Mar 13th 2017, 11:44 pm
  #8  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,208
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Difficulty of Changing PR application from spousal to CEC

Originally Posted by englishman111
So this means that once i have my application approved, I can then leave and return as long as I am here for at least 2 years out of 5?
If you're with your Canadian spouse, then you don't even need to be in Canada for that long - anytime spent with him/her abroad counts as time in Canada as long as you're together for residency purposes.

Originally Posted by englishman111
Could I possibly apply for a EE from outside of Canada?
Yes, you can apply from anywhere. But what are you scoring on the CRS? Unless it's well above the previous points levels, I wouldn't risk it personally - I'd go with Siouxie's suggestion and just apply outland instead.

Remember that if you apply under EE there are other disadvantages too, such as being subject to medical excess requirements, and having to take the IELTS exam and get an ECA done. Spousal would be far easier and cheaper.

Good luck.
christmasoompa is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.