Can I live in Canada while my application is being processed?

[WilliamShakesBeer]

Hello everyone!

My common law partner is Canadian citizen. We both plan to live and work together in Canada. While she is currently residing in Ontario, I'm still living in Europe. Is it possible that I live together with her in Canada while my application of Family Class Sponsorship is being processed (i.e. for the duration of probably ~12 months). Just to clarify: I have not applied yet but plan to do so soon.

In case the following information might be of interest:
* I just finished my studies with a Master's degree in computer science (in Europe)
* Currently, I'm unemployed
* I have enough money to support myself though

Every help is much appreciated. Thanks a lot!

 

[lea1113]

Well my question is how are you considered common law if you live in different countries? I believe CIC defines common law as living together for at least 1 year.

 

[MaryL]

Well my question is how are you considered common law if you live in different countries? I believe CIC defines common law as living together for at least 1 year.

Yes, only after one year, living together has passed can they apply.

 

[KBH]

Well my question is how are you considered common law if you live in different countries? I believe CIC defines common law as living together for at least 1 year.

Once you live together for one year, you are still considered common law even if you live separately afterwards (as long as the relationship is ongoing).

You cannot live in Canada, but you can VISIT Canada. I'm not sure what country you're from so the process will vary a bit in terms of whether you need a TRV, but in general, you can visit for up to six months and then apply online to extend it for another six months as needed. In order to be granted admission to Canada, you need to be able to satisfy them that you are only visiting, not moving permanently, and you have sufficient ties to your home country.

 

[fauxkiwi]

My partner and I are in this scenario. We left New Zealand (where we had been living for a year and a half) and have been travelling Canada and visiting my family for the past 2ish months. He's on a tourist visa, was granted Full 6 months at the airport, and now we'll either leave and come back to restart it or apply online to extend. It sucks, as he can't work and we are going through savings just being here. We applied back in May and only got AOR2 a month ago.

My personal advice to you is to either find a way to come to Canada and be eligible to work (work holiday visa?) And then do inland application so you have an open work permit while you wait. Now that inland/Outland have the same processing times it makes sense. Or apply ASAP and stay in your country for at least 6 months a afterwards, and that way your visa will be approved (hopefully) before your tourist visa expires. Otherwise be prepared to spend a LOT of money, and hopefully you're smart to not risk a PR doing cash jobs.

 

[WilliamShakesBeer]

Once you live together for one year, you are still considered common law even if you live separately afterwards (as long as the relationship is ongoing).

This applies to us. We lived together for more than one year and just recently she moved back to Canada because her visa in Europe ended.

My personal advice to you is to either find a way to come to Canada and be eligible to work (work holiday visa?)

This was my original plan, but unfortunately I wasn't lucky to get a Work and Holiday visa for this season. Now I have to wait for season 2018 to be opened.

and hopefully you're smart to not risk a PR doing cash jobs

Sorry, I don't get that. PR = permanent resident?

Thanks all for your replies, I really appreciate it!
Is there any way to apply for Family Class Sponsorship and get an open-work permit at the same time? I'm wondering because I stumbled upon this link... Is it likely one gets such an open-work permit granted while waiting for sponsorship application?

 

[Hurlabrick]

Is there any way to apply for Family Class Sponsorship and get an open-work permit at the same time? I'm wondering because I stumbled upon this link... Is it likely one gets such an open-work permit granted while waiting for sponsorship application?

Yes, there is a way. But you must apply for INLAND spousal sponsorship. To do this, you must both be living in Canada.

If you apply inland, you can apply for an OWP at the same time as you apply for inland spousal sponsorship. The OWP will then take about 3 - 4 months to come through and you cannot work until it does.

 

[BlueSkiesHere]

My partner and I are in this scenario. We left New Zealand (where we had been living for a year and a half) and have been travelling Canada and visiting my family for the past 2ish months. He's on a tourist visa, was granted Full 6 months at the airport, and now we'll either leave and come back to restart it or apply online to extend. It sucks, as he can't work and we are going through savings just being here. We applied back in May and only got AOR2 a month ago.

My personal advice to you is to either find a way to come to Canada and be eligible to work (work holiday visa?) And then do inland application so you have an open work permit while you wait. Now that inland/Outland have the same processing times it makes sense. Or apply ASAP and stay in your country for at least 6 months a afterwards, and that way your visa will be approved (hopefully) before your tourist visa expires. Otherwise be prepared to spend a LOT of money, and hopefully you're smart to not risk a PR doing cash jobs.

May I ask if your partner was asked any questions when entering Canada? Other than how long are you staying etc? I'm going to be doing the same as you in January, a little nervous about proving to them I'm just visiting. (I have savings and a return flight booked)

 

[fauxkiwi]

Yes, there is a way. But you must apply for INLAND spousal sponsorship. To do this, you must both be living in Canada.

If you apply inland, you can apply for an OWP at the same time as you apply for inland spousal sponsorship. The OWP will then take about 3 - 4 months to come through and you cannot work until it does.

I thought to qualify for inland sponsorship (and the owp) you already had to be legally allowed to work in Canada? Otherwise everyone would apply inland to get the owp, no?

 

[fauxkiwi]

May I ask if your partner was asked any questions when entering Canada? Other than how long are you staying etc? I'm going to be doing the same as you in January, a little nervous about proving to them I'm just visiting. (I have savings and a return flight booked)

We flew into YVR and he came with me through the Canadian passport line. They asked why he was coming to Canada and he said to attend a wedding and meet his partner's family and he was through.

 

[Hurlabrick]

I thought to qualify for inland sponsorship (and the owp) you already had to be legally allowed to work in Canada? Otherwise everyone would apply inland to get the owp, no?

No, but you do have to be legally in Canada of course.

You could already be there and working via the IEC route for under 30's. In which case, as you say, yes you would already be allowed to work

Or perhaps you could be on a visitors visa, get married to a Canadian (or live with them for one year) then apply. If you are on a visitors visa, you are not allowed to work. You are normally granted a 6 months visitors visa which can be extended at the discretion of CBSA for another 6 months and so on.

Quite common for people to apply Inland AND apply for an OWP at the same time.

 

[fauxkiwi]

So are you saying my partner - we lived together for 20 months in NZ - could have come here on a tourist visa and applied inland with the OWP? I thought we had thoroughly researched it and that wasn't possible, as the point of inland applications is to keep couples who met in Canada together, and allow the non-canadian partner to continue to work in their current job.

 

[WilliamShakesBeer]

I think I'm wondering about the same as @fauxkiwi. So, to clarify: is it possible to come to Canada with a visitor visa and then to apply for inland sponsorship + OWP immediately?

Thanks a lot

 

[spousalsponsee]

So are you saying my partner - we lived together for 20 months in NZ - could have come here on a tourist visa and applied inland with the OWP? I thought we had thoroughly researched it and that wasn't possible, as the point of inland applications is to keep couples who met in Canada together, and allow the non-canadian partner to continue to work in their current job.

I think I'm wondering about the same as @fauxkiwi. So, to clarify: is it possible to come to Canada with a visitor visa and then to apply for inland sponsorship + OWP immediately?

Thanks a lot

Yes, of course, this is fine. In both cases, your partners will have to enter Canada, and be examined for that, but if they are legally in Canada, they can apply inland, and for an open work permit, which will allow them to work once it has been issued.

To answer Fauxkiwi's earlier question, just about the only reason people (traditionally) applied inland was that this got them the OWP - historically, an outland app from western countries could be completed in about the same amount of time as waiting for the work permit from an inland app (but the inland app in total regularly took over 2 years; an outland one, depending on visa office, would normally take 4-9 months).

 

[GT1223]

oohhh this is a very helpful thread. in my situation, can anyone please advice me on what really are the IMPORTANT THINGS TO CONSIDER AND DO with my common law partner (shes PR and im a tourist but on extension visa) so we can satisfy the immigration officer and get approved in my application for openworkpermit soon.
thank you in advance