Family Class

Old Jan 19th 2010, 6:29 am
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Default Family Class

Hello everyone, this is the first time I have used a forum like this. I have heard that you can get some good advice, so hopefully I will be well advised.

I am currently living in the UK in my 2nd year of university; I met my girlfriend last summer. Is a Canadian citizen and has lived in Canada all her live. On my last visit I proposed to her and she said yes. We are planning the wedding for next summer after I finish university. I have visited 2 times on tourist visa and once through BUNAC, and will have visited one and other another 4 times before the wedding. The wedding will be in Canada, we are hoping that we can apply for permanent resident through the family class option.

Whilst we are applying for residents from within Canada, would we be allowed to apply for residents with myself on a visitor visa?

Many Thanks
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Old Jan 19th 2010, 6:33 am
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Default Re: Family Class

If you come to Canada and marry then she could sponsor you from within Canada and you would be permitted to remain while the sponsorship is in process.
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Old Jan 20th 2010, 6:44 am
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Default Re: Family Class

Cheers thanks
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Old Jan 21st 2010, 12:53 pm
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Default Re: Family Class

Note that what Jim is referring to above is sponsorship under the "Spouse or Common-Law Partner in Canada Class". The advantage is that you can still be sponsored from within Canada even if your visitor status has expired. But there are also some disadvantages. There is no right of appeal if the application is refused. Also the processing times are fairly slow - about a year from start to finish.

As an alternative your wife could sponsor you under the Family Class which is processed in London instead of in Canada and the processing times are much faster (3-4 months max). There is also the right of appeal if it goes wrong. Provided you are not in Canada as anything other than a visitor and you use your UK address on the PR application form then you can use the Family Class process instead.
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Old Jan 22nd 2010, 3:27 am
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Default Re: Family Class

Oh right that is interesting, although the process is quick outside Canada I would still like to apply from within Canada. I don't think I could spend any more time away from my wife. Would I be allowed to apply for a work visa whilst “Spouse or Common-Law Partner in Canada Class” because I don’t we will be able to cope with me not working for the entire application length.
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Old Jan 22nd 2010, 4:49 am
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Default Re: Family Class

Hi

Originally Posted by bennet59
Oh right that is interesting, although the process is quick outside Canada I would still like to apply from within Canada. I don't think I could spend any more time away from my wife. Would I be allowed to apply for a work visa whilst “Spouse or Common-Law Partner in Canada Class” because I don’t we will be able to cope with me not working for the entire application length.
1. I believe you misunderstood Paul's reply, you can remain in Canada as visitor while still having an "out of Canada" spousal application. The only hitch is if you require an interview it will be in London.
2. If you decide to apply as "In Canada" spousal applicant, you will not be able to work until your application reaches Approval in Principle, about 5/6 months into the process. An only then if decision is positive. As an out of Canada spousal you will not be able to work until you receive you PR.
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Old Jan 23rd 2010, 10:50 pm
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Default Re: Family Class

Originally Posted by Paul Wildy
Note that what Jim is referring to above is sponsorship under the "Spouse or Common-Law Partner in Canada Class". The advantage is that you can still be sponsored from within Canada even if your visitor status has expired. But there are also some disadvantages. There is no right of appeal if the application is refused. Also the processing times are fairly slow - about a year from start to finish.

As an alternative your wife could sponsor you under the Family Class which is processed in London instead of in Canada and the processing times are much faster (3-4 months max). There is also the right of appeal if it goes wrong. Provided you are not in Canada as anything other than a visitor and you use your UK address on the PR application form then you can use the Family Class process instead.
Hi there my wife is sponsoring me as a spouse from outside of Canada - sponsorship has been approved and PR is being processed in Lonodn. I note Paul said "family class" outside of Canada is quickish 3 - 4 months does that include Spouse outside of Canada or am I being thick?

There seem to be different versions of how long it is likely to take ...

Thanks for any advice you can give.

Cheers
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Old Jan 24th 2010, 3:49 am
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Default Re: Family Class

The story is that 50% of spousal sponsorship cases take 4 months and 80% are completed in 8 months with the remaining 20% unknown but longer.
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Old Jan 24th 2010, 12:25 pm
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Default Re: Family Class

Let me understand this, currently I am here in Canada with my common-law partner for close to 5 years. We had lived in the UK for 5 years and he returned to Canada last year, I came to see what this country is all about in October 2009. Now I want to stay we have a place here and have lots of stuff in out name from the UK.
How hard will to get my permanent residence while in Canada and should we do the forms or retain a immigration lawyer
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Old Jan 25th 2010, 5:17 am
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Default Re: Family Class

Originally Posted by gaynorblueeyes
Let me understand this, currently I am here in Canada with my common-law partner for close to 5 years. We had lived in the UK for 5 years and he returned to Canada last year, I came to see what this country is all about in October 2009. Now I want to stay we have a place here and have lots of stuff in out name from the UK.
How hard will to get my permanent residence while in Canada and should we do the forms or retain a immigration lawyer
I assume your partner is a Canadian Citizen if so then they should be able to sponsor you under the common-law / spouse class. You need to have been living at the same address for 12 months, and be able to prove this and also prove that this is an ongoing and serious relationship, ie; it's not just to get PR.
I'm not sure if living together in the UK counts towards this, but it could do, I'm sure others will comment on that.

If you're eligible to be sponsored then you decide wether to do it inland or outland, and as mentioned above there are pros and cons to both.

My wife (was fiance, so common-law partner) sponsored me last year, we filled in the forms ourselves and I'd say it's pretty easy to do it. It does seem like a lot of paperwork but once you sit down and go through it there isn't really that much to do. I'd suggest downloading the forms and having a look and see what you think.
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Old Jan 25th 2010, 8:12 am
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Default Re: Family Class

Yes we were living in the UK together for 5 years and we have loads of documentation,
it just the time frame that it takes and the cost don't forget that .

How long does this take from within Canada and should she have her medical done and police check also just to save the hassle.

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Old Jan 26th 2010, 7:46 am
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Default Re: Family Class

Originally Posted by ReadingPaul
Hi there my wife is sponsoring me as a spouse from outside of Canada - sponsorship has been approved and PR is being processed in Lonodn. I note Paul said "family class" outside of Canada is quickish 3 - 4 months does that include Spouse outside of Canada or am I being thick?

There seem to be different versions of how long it is likely to take ...

Thanks for any advice you can give.

Cheers
Yes, I meant Spousal Sponsorship under the Family Class (which is what your would be). I should have added that you can sponsor other people under the Family Class (like parents) but the processing times are much, much slower.
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Old Jan 27th 2010, 12:40 am
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Default Re: Family Class

Originally Posted by gaynorblueeyes
Yes we were living in the UK together for 5 years and we have loads of documentation,
it just the time frame that it takes and the cost don't forget that .

How long does this take from within Canada and should she have her medical done and police check also just to save the hassle.

My inland application was submitted on November 5th 2008 and I landed on July 27th 2009, so about 8 months. It can vary though, it depends on how many applications they have. The CIC website does list processing times to give you an idea of how long it'll take.

As for medial and police check, which one of you is the canadian citizen as they do not need to submit a police check or medical, it's only the person who is being sponsored for PR that needs to do this. If you're doing an inland application then you ONLY submit the medical with the application, they will request the police check from you at a later date. If you're doing an outland application, which can be a lot quicker to process, then you DO need to submit BOTH a medical and police certificate with the application.
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Old Jan 30th 2010, 4:17 am
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Default Re: Family Class

My wife sponsored me and we went for the Outland application. We were already in Canada, I had visitor status and I used my Canadian address and there was no problems with the application. I didn't have to us a UK mailing address as advised above. From sending off the forms to becoming a landed immigrant it took 5 months.
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