B
buddhadimple
Guest
Hi everyone. We've decided to go back to Canada even if the PR doesn't come through on time - by Christmas.
I know this is a gamble; he may be needed for an interview, etc. Really I'm just looking for some advice.
Here are a few points to keep in mind:
- I'm Canadian, he is English. It is a Common-Law Application. We lived together for 5 months in Canada, then there was a 4-month gap between the time he had to go back to England and the time he came back for a couple weeks to visit in Canada, then a one-month gap between him leaving again and me coming to England. We have been living together in England for 19 months since then.
- My other half is a Mature Student in University (he's 28). He is starting his second year now. He will have a winter break on 10 December 2010. His exams are in January/February.
- I work through a Temp Agency and my contract with their client ends 30 November 2010.
- We applied as Common Law Partners and the Sponsorship was approved 10 September 2010. No word yet from London. (EDIT: London started processing PR Application 29 September 2010).
Basically, I'm sick to death of this country. I honestly can't stand it. There are worse places, but in comparison to the option of living in Canada, England doesn't compare in my opinion. My partner doesn't like it either, but for him it's bearable since he's in Uni and studying for his degree. He has suggested moving back early and we both agree that we would be so much happier in Canada, and even without him being able to work it would be less stressful than living here. Since we have lived together in Canada as well, we know how we would fair living there against living together here. I'm working a temporary job and the contract ends 30 November 2010. My other half's course takes a break on 10 December 2010. So we were thinking of returning to Canada for Christmas.
These are the options we were considering:
1) We both return to Canada with return tickets and say [if need be] that we're visiting for Christmas (which we would be), and show that he is enrolled in a course and plans to return; and then stay and apply for an extension to his Visitor Status until the PR comes through or until he is called for an interview.
2) We both return to Canada with return tickets, but I stay there while he goes back to England to finish up the term and do his exams before returning to Canada (if the PR still isn't through by that time, it might be harder to get in?)
We don't plan on him working illegally or anything. We'll live with my mum or dad and I'll work while he stays home helping my parents out. I'll be working and he'll also be studying.
So basically, if we're separated for a couple of months, does that negate the "Common Law Status" as we have no longer lived together for 12 "consecutive" months?
Is there any other way we can go to Canada (what should we say at the airport if asked? I don't want to lie but I do worry that they won't let him in if they know we have a Common-Law application pending and that we want to wait for it to come through in Canada while he doesn't work - it would sound suspicious if I was the officer at the airport).
And finally, any tips, advice, corrections to our loosely thought-out plan would be highly appreciated. We're looking for things we may have missed or even just tips from people who have perhaps done it before. We're sure we're going back at Christmas, but we're not sure about him staying versus him returning to finish the term (and trying to come back in perhaps before PR comes through), as well as any legal aspects we need to be careful of.
Thanks.
I know this is a gamble; he may be needed for an interview, etc. Really I'm just looking for some advice.
Here are a few points to keep in mind:
- I'm Canadian, he is English. It is a Common-Law Application. We lived together for 5 months in Canada, then there was a 4-month gap between the time he had to go back to England and the time he came back for a couple weeks to visit in Canada, then a one-month gap between him leaving again and me coming to England. We have been living together in England for 19 months since then.
- My other half is a Mature Student in University (he's 28). He is starting his second year now. He will have a winter break on 10 December 2010. His exams are in January/February.
- I work through a Temp Agency and my contract with their client ends 30 November 2010.
- We applied as Common Law Partners and the Sponsorship was approved 10 September 2010. No word yet from London. (EDIT: London started processing PR Application 29 September 2010).
Basically, I'm sick to death of this country. I honestly can't stand it. There are worse places, but in comparison to the option of living in Canada, England doesn't compare in my opinion. My partner doesn't like it either, but for him it's bearable since he's in Uni and studying for his degree. He has suggested moving back early and we both agree that we would be so much happier in Canada, and even without him being able to work it would be less stressful than living here. Since we have lived together in Canada as well, we know how we would fair living there against living together here. I'm working a temporary job and the contract ends 30 November 2010. My other half's course takes a break on 10 December 2010. So we were thinking of returning to Canada for Christmas.
These are the options we were considering:
1) We both return to Canada with return tickets and say [if need be] that we're visiting for Christmas (which we would be), and show that he is enrolled in a course and plans to return; and then stay and apply for an extension to his Visitor Status until the PR comes through or until he is called for an interview.
2) We both return to Canada with return tickets, but I stay there while he goes back to England to finish up the term and do his exams before returning to Canada (if the PR still isn't through by that time, it might be harder to get in?)
We don't plan on him working illegally or anything. We'll live with my mum or dad and I'll work while he stays home helping my parents out. I'll be working and he'll also be studying.
So basically, if we're separated for a couple of months, does that negate the "Common Law Status" as we have no longer lived together for 12 "consecutive" months?
Is there any other way we can go to Canada (what should we say at the airport if asked? I don't want to lie but I do worry that they won't let him in if they know we have a Common-Law application pending and that we want to wait for it to come through in Canada while he doesn't work - it would sound suspicious if I was the officer at the airport).
And finally, any tips, advice, corrections to our loosely thought-out plan would be highly appreciated. We're looking for things we may have missed or even just tips from people who have perhaps done it before. We're sure we're going back at Christmas, but we're not sure about him staying versus him returning to finish the term (and trying to come back in perhaps before PR comes through), as well as any legal aspects we need to be careful of.
Thanks.
