youngmimesofharlem

Right.

First off let me say that this forum has been a goldmine for me in the past, so here I am again, cap in hand.

Here is my convoluted tale:

My Canadian girlfriend and I met in Dec 2007 in London while she was on a working holiday visa to Britain. In April 2008 we moved in together (though I have no lease or whatnot as it was into a shared house with others), until Dec 2008 when her visa expired and she returned to Canada.

I was not able to immediately follow as I was deemed to be criminally inadmissable and was only eligible to apply for rehab in Jan 2009. I was approved for rehabilitation in June 2009, and was accepted onto the BUNAC programme in Sept 2009. I should say that my gf visited me in London every chance she got between Dec 2008 and Sept 2009.

HOWEVER, I had a lucrative contract with a pharmaceutical company that ran for another 3 months and didn't land in Vancouver til Dec 2009. Here in VanCity we have joint lease, joint bank acount, joint credit card, even joint cellphone contract.

With me so far?

My questions are these:

1) If we get married can I work on my Bunac visa whilst spousal sponsorship is approved?

2) Will the 3 months I spent in the UK after getting my Bunac visa acceptance wreck any chance of CONJUGAL relationship?

3) Is the '12-month period' required for COMMON LAW '12 months prior to the date of application' or '12 months prior to the date of approval'? If it is, as I am almost certain, '12-months prior to date of application' do I have to return to Britain? Will returning jeopardise our application. Can I stay and live off savings?

4) The financial assistance she is obliged to guarantee as part of the sponsorship token or real? because I have enough cash to support myself if the worst comes to worst and I can't work for 6 months. Will they assess HER ability to provide for me? I ask only because she is still finishing her degree and currently I provide for her to a certain extent.

I have looked at the CIC website and corresponding 'application packs' from all angles and even tried to phone them to no avail.

Also, in case anyone thinks i'm criticising Canada, or Canadians, or CIC, or the glorious Maple Leaf or anything i'm not. We're just two people who want to be together an are appraising our (limited) options.

Yes I know we should 'just get married' but like I said "optionS"

Thank you in advance immigration brains. I bow before you.

ficklebow

I'm just wondering, wasnt there a rule in bunac that you could not come (as of 2009 i think) if you have a canadian partner/common law?

iaink

I think so... once its issued a visa is issued even if circumstances change Dunno, conjugal is always a tricky one though. Prior to application, you can stay but would have to change status, and as you dont appear on the surface to be keen to leave when that ended that might be hard to get. Not sure if being apart again due to immigration requirement would necessarily be a problem....its not really your choice She doesnt have to prove financial capability for spousal sponsorship, but it is a very real and binding commitment should your circumstances change.

youngmimesofharlem

I guess what I'm asking is could we submit a Common-Law sponsorship application in 12-months and then either

a) I remain and spend six months unemployed as a 'visitor'.

b) I return to England while CIC processes our Common-Law application. In which case aren't they going to think it's odd/unacceptable that we're apart whilst submitting a common-law sponsorship application?

Thanks for all the help so far.

christmasoompa

Yes, you can do either of the above. Forgot a conjugal application though, that's for people that genuinely cannot be together in the other country (perhaps because of same sex relationships being illegal, politicial persecution, the country not recognising divorce from first marriage, etc). Just having a great job contract is not a good enough reason for conjugal sponsorship, so you'll have to wait until you qualify as common-law or find another visa (i.e. temp work permit).

Good luck - and love the thread title btw!

Kynn

You can do, essentially, what we did. Partner came over on a Bunac Visa and moved into my place. That started the clock ticking on the 12 months of living together requirement for commonlaw.

Fast forward 11 or so months. We sent off his form to Vegreville (I believe it was) to change his status to 'visitor'. It HAS to be received by them before your Bunac expires (so send it registered/signed for so you have proof they received it). At that point you have "implied status" as a visitor until you hear back from them. Took us over 90 days to hear back. Make absolutely sure you make it clear on this form that you are willing to leave if it is refused. In the last couple months of the Bunac, get the spousal app paperwork completed and all "supporting documentation" gathered and ready to go. The day after your Bunac expires (if you arrived on the 15th, the Bunac expires on the 14th) you've met the 1 year requirement and can send that all off too Mississauga.

As a visitor you can't work, but you can live off your savings/stay with your partner. IF they ultimately refuse the status change OR they ultimately turn down your common law application, you will be required to leave Canada. If it's just the status change, you've already met the CL requirement, and if that application is approved, can come back.

As mentioned, on a spousal app, she doesn't have to prove the ability to support you. But, she cannot be receiving welfare either. However, the agreement to support you for 3 yrs after you land is there no matter what - even if you break up.

If you have to return to England while the app is processed, there is nothing you can do about it. It won't really "look weird" as you were unable to stay due to lack of status (and can prove it because of the paper you'll get saying the status change was declined). By that point you'll have met the common law requirement of 1 year already (and probably over 1 year by the time you hear back on the status change).

To be absolutely honest, we waited until 2 weeks prior to the Bunac expiring to send it in (and sent it registered) so that as much of that "wait to hear back from them" time was AFTER the bunac expired. Essentially, worst case, we got another 90 days together before he had to go back if they refused it.

You have the advantage of having (I hope you kept them anyway) travel documents from trips to visit each other since she returned to Canada. Boarding passes, ticket booking confirmations etc? You should have phone bills as well given how long you've been together. When we sent in our app, we sent stuff like that from prior to living together as well as stuff from while living together just to show the relationship was "long term" and not 'convenience'.

Good luck!

youngmimesofharlem

@Kynn

Thanks a lot Kynn, you've pretty much described the plan that was forming in my mind. Good to hear someone else was successful with the approach!

alexisatk2

This is similar to what my boyfriend (UK citizen) and I (Canadian Citizen) plan to do. I met him 14 months ago while I am in the UK on a Working Holiday Visa - we've been living together officially for 5 months (unofficially for 1 - he moved in with me and my flat mate but wasn't on the lease so i'm not sure if this counts).

Right now my BF is applying for the BUNAC work Canada Program - we intend to keep living together in the UK until June since my visa doesn't expire until July. Then move to Canada. In September (we would have officially been living together for one year at that point) - he is going to apply for Common Law Visa.

Does anyone know if this is ok? If he applies for Common Law Visa and keeps working since his BUNAC Work Canada Visa is still valid?

Cheers!

ficklebow

Don't the Bunac forms say you are ineligible for the WHV if you have a partner/common law who is a Canadian Citizen?

Just worth taking note of..

alexisatk2

That is true - but I contacted BUNAC before my BF applied for the VISA. A partner/common law is defined as a couple who is married or who have lived together for a year.

Since my boyfriend and I have only lived together for 5 months we don't qualify as partner or common law - which means he can apply for the BUNAC Visa.

As a side note, you also don't qualify for the BUNAC Visa if your engaged to a Canadian Citizen - because they want you to get married then apply as a spouse.

Kynn

Yup, gotta meet the common-law requirement (1 yr living together) in order to be considered common-law (thus you can't apply for Spousal PR until you do). So *technically*, you meet Bunac's requirements as long as you've not been living together for 1+ years.