New to all of this - please help!

Old Aug 18th 2014, 8:55 am
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Default New to all of this - please help!

Hello everyone, I was hoping for some clarification/help - I am a UK citizen but am here in Canada on a tourist visa. I came to Canada to be with my partner who is a Canadian resident. We met in Europe a few years back and have lived together since 1st Dec 2013 (1st Dec 2013 - 30th April 2014 in France) then 15th May 2014 - present in Winnipeg. Our understanding is that we can apply for sponsorship on the 1st Dec 2014, however we are unclear on whether we should apply inland or outland. I have seen the issues around processing times, but wondered whether I am bending any rules by applying outland, while living in Canada (and our documents of co-habiting are 5 months in France and (will be) 6.5 months in Canada).

Confused!! Any help would be greatly appreciated - I want to try and get everything sorted in good time to send of the application as soon as I can, ie 1st Dec. Am I right in thinking that although we haven't lived together for 12 consecutive months - there was a break of 14 days while we left France and came to Canada and rented an apartment) we still qualify as 12 months consecutive living as common-law partners during that time of 2 weeks travel/setting up home here.

Thanks
Pete
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Old Aug 18th 2014, 9:19 am
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Default Re: New to all of this - please help!

Hello and

First question: Those two weeks that you weren't "living" together... were you at least travelling together? You say you came to Canada and rented an apartment, did you do that together or were you actually separated?

Once you answer that I can give some better thoughts on when you can apply...

As for inland vs outland, certainly and completely outland. There are two other threads that have been posted recently that I've commented on just in the last day or two, so go find those and see the reasons for inland vs outland, and read the wiki.

Short version: Outland. You are not bending any rules, it is completely legitimate and allowed for you to apply outland from within Canada. No problems whatsoever. Processing time for outland right now is about 7 months (See the spreadsheet in my signature), whereas for inland it's about 20 months (!). Sooooo 3x as long... apply outland.
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Old Aug 18th 2014, 9:29 am
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Default Re: New to all of this - please help!

Hi - thanks for the reply, very kind of you. I saw the other threads on Inland Vs Outland and it really helped (we were thinking of applying inland.......but i think outland is the way to go for sure!) - on the CIC website it says stage 1 is 55 days and stage 2 is 11 months for outland via the UK - this is longer than the 7 months you quote - is that through your own experience that it takes 7 months, rather than the 13 months quoted on CIC?

So we left France together at the end of April, stayed with friends and my family in the UK together for 10 days then my partner flew back to Canada and I followed 10 days later (as I had stuff to sort out ie sell my car etc) so 10 of the 20 days we were travelling together, and the other 10 days we were apart. My partner found the apartment on kijiji but the lease is in both our names as i signed for it the day after i arrived in Canada. Does this help?

Really appreciate your advice.
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Old Aug 18th 2014, 9:40 am
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Default Re: New to all of this - please help!

Originally Posted by pete.morzine
Hi - thanks for the reply, very kind of you. I saw the other threads on Inland Vs Outland and it really helped (we were thinking of applying inland.......but i think outland is the way to go for sure!) - on the CIC website it says stage 1 is 55 days and stage 2 is 11 months for outland via the UK - this is longer than the 7 months you quote - is that through your own experience that it takes 7 months, rather than the 13 months quoted on CIC?
The numbers quoted on CIC's website are for 80% of applications to have a decision made on them. So that means that 80% of applications are processed by London in 11 months. However, London deals with applications for anyone who is either a citizen of the UK, Ireland, Nordics and a few others, as well as anyone who is resident in any of those countries. Generally speaking, applications where the application package is pretty straight forward (simple relationship, no dependants, no red flags, full and complete application, etc) tend to be processed much faster than the posted processing time, hence we have the handy dandy spreadsheet that's linked in my signature. Just about everyone who applies via this board has a "straight-forward" application, so the spreadsheet gives a way more accurate indication of "straight-forward application" processing time... right now the average from applying to getting PR is about 7 months. So if you applied in December, you could broadly expect to have PR through in late summer 2015.

Of course this is just a very broad guideline... your mileage may vary.

So we left France together at the end of April, stayed with friends and my family in the UK together for 10 days then my partner flew back to Canada and I followed 10 days later (as I had stuff to sort out ie sell my car etc) so 10 of the 20 days we were travelling together, and the other 10 days we were apart. My partner found the apartment on kijiji but the lease is in both our names as i signed for it the day after i arrived in Canada. Does this help?

Really appreciate your advice.
Hmmmmmmmm... I would think that 10 days should be ok given what you've said... CIC doesn't like to see any break in the first 12 months of living together. It has happened where they have refused common-law applications for very small breaks apart, so I can't say for sure whether they would give you a hard time about 10 days or not. I wouldn't think they would, but honestly, I can't say for sure. They may.

PMM, Siouxie, Oompa - would be very interested to get your input/thoughts on this one please...

The fact that your name was on the lease from the beginninga nd you just arrived 10 days later helps, I think. Clearly all your intentions were to move there, you just had a week to sort things out before picking up and going. But again, can't say 100% for sure... need others to weigh in on this one.

I assume you have been working on getting the rest of your evidence together - joint accounts, joint utility bills, insurance, all the rest of that?
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Old Aug 18th 2014, 9:49 am
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Default Re: New to all of this - please help!

Ok, that makes sense re the processing times, fingers crossed!

Yep - we've got utility bills together, credit card, bank account etc - it's just the break of 10 days that is worrying me

We initially spoke to an immigration Lawyer and they said it shouldn't be a problem but you never know I guess. Do you have any advice on what we need to provide as evidence of what we did during the break in tenancy agreements? Just written evidence or do we need to provide other things??
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