geminihc wrote:Heres the situation:
my gf is japanese and currently has temp work permit that expires this june30 and is working in Canada. She used to be an int'l student and graduated from a canadian university (SFU) in BBA. She wants to immigrate to Canada.
Questions:
1.) how long does the Common-law relationship immigration process take? Is it faster to apply in canada or from US
2.) Are these evidences enough to apply for Commonlaw immigration?
-living together for a year with parents, with stautory declaration, and a written contract that she is paying rent to my parents.
-joint bank account for 1 month
-photos of us 2 years ago and through out
-friends as references that we been to together for 2 years (eg. b-day cards )
3.) Can she leave canada while applying? If not, how is she suppose to sustain her self if she is forced to stay in canada but not be able to work since her work permit expires in June30 (asuming preoessing takes longer than june)
4.) Is there a better way to make this process go more smoothly and faster compared to what i am doing so far? any tips?
1) It's always faster and a better idea to apply in Canada. Remember, if you apply abroad, they have a decision to make on whether letting your girlfriend into Canada or not. If you apply in Canada, they have a decision to make on whether kicking her out of Canada or not. Saying "don't come to my country" is always easier than saying "get the heck out of my country". At any rate, expect at least 8-9 months of wait before she gets her PR, even if everything seems perfect.
2) What is your ethnical background? If it's not Anglo-Saxon or Northern European, don't show the rent she's paying. And that's not meant in a dearly beloved way. Most people all over the world wouldn't charge their daughter-in-law any rent for living at their place, and I'm sure CIC would be aware of that. They could totally be misled to think of a relationship of convenience, assuming she's paying you off to settle in Canada. If you're of English etc. descent though, it's normal, and it'd be of help to convince the CIC of a genuine common-law partnership.
Adding her as a cardholder to your credit card could also be beneficial, as well as buying her a mobile phone line with your name on the bill. Money is God for Canadians, and if the CIC see that you trust your girlfriend with your money, they'll have an easier time believing everything is alright.
3) She can go anywhere she wants, but that could end up being troublesome for a variety of reasons. They might call her up for an interview, and they will definitely want her to take a medical examination. Ok, those can be done anywhere, but transferring files and hardship of contact will make things go slower.
Anyone who has a pending application for PR in Canada on family or asylum class, is legal in Canada, provided the application was made from within Canada, and no removal order has been processed. Such persons are allowed to apply for a temporary work permit as well, and just about every asylum applicant is granted one afaik. In your case, however, it's a bad idea for her to apply for a temporary work permit while waiting, as you're expected to sponsor her. If you're not willing to sponsor her for a few months until she gets her papers, would it be believable that you'll sponsor her for 3 years?
She should talk her current boss into offering a contract extension, which will provide basis for her to apply for another work permit. Once that work permit arrives, you can still apply for her to get PR, and she'll be allowed to work in the meantime, for as long as the new work permit is valid. If she applies for PR first, and then a temporary work permit for the 8-9 months of wait time, that will look rather instable.
4) Ask these questions to a CIC office in a
BIG CITY, and compare their answers with our answers. CIC officers in smaller cities are far from knowledgable, as well as the guys on the phone.
Notwithstanding the circumstances, be prepared for an interview. While family class immigration to Canada is a bazillion times less nerve-wrecking than its American counterpart, an immigration officer, (American, Canadian, Brazilian, Estonian, whatever) could still suspect a relationship of convenience, especially if the parties involved are of a similar cultural background.
