Immigrating partner from Sweden

[Immigrations]

hello,

I would like to bring my partner to Canada, who is swedish and is 36 and doesn’t qualify for a holiday visa due to age.

I have lived over a year with him but not consecutively. Over the past 3 years I have spent periods of just under 6 months and he has come to Canada on and off as well.

I wonder if it’s possible to get him a temporary work visa under common law status so that he may come right away and then once here and he finds a job maybe it can be extended and in parallel apply for permanent residency via common law status after 1 year of living together here in Canada.

Any advise would be appreciated.

Are visas activated once you arrive and then the countdown begins or when issued?

 

[scylla]

hello,

I would like to bring my partner to Canada, who is swedish and is 36 and doesn’t qualify for a holiday visa due to age.

I have lived over a year with him but not consecutively. Over the past 3 years I have spent periods of just under 6 months and he has come to Canada on and off as well.

I wonder if it’s possible to get him a temporary work visa under common law status so that he may come right away and then once here and he finds a job maybe it can be extended and in parallel apply for permanent residency via common law status after 1 year of living together here in Canada.

Any advise would be appreciated.

Are visas activated once you arrive and then the countdown begins or when issued?

I'm going to assume you are Canadian.

No - he cannot apply for a temporary work permit now based on his relationship with you. To qualify, you would first have to be either married or common law (i.e. have already lived together for at least one full year continuously). Additionally, he would have to be physically in Canada and you would have to submit a sponsorship application to sponsor him for PR (along with the open work permit). The work permit will be granted approximately 4 months after the full application package is received by IRCC.

Until then, he would need a job offer and approved LMIA from an employer in Canada to qualify for a temporary work permit.

 

[Immigrations]

Yes, I am Canadian.

When we do the “check your eligibility for a work permit” he gets you may qualify when selecting that you are relocating to someone that is common law

 

[Immigrations]

Also from the website it seems like he can apply for a work permit from there?!

 

[Bryanna]

To add to scylla's advice:
He could come to Canada as a visitor (he needs an eTA). Hopefully, he will be allowed 6 months' stay on initial entry. He must bring evidence of adequate finances + ties to Sweden. He cannot work as a visitor.

He could then apply to extend his visitor status about a month before the 6 months' authorized stay ends. Reason: Intention to become common-law.

You could apply for his PR once you are common-law + include an application for an OWP (open work permit) with it

 

[scylla]

Yes, I am Canadian.

When we do the “check your eligibility for a work permit” he gets you may qualify when selecting that you are relocating to someone that is common law

That's because you've made an incorrect selection. This reference refers to individuals who have a non-Canadian common law partner in Canada who is here on a study permit or on a work permit in a NOC A, B, or 0 (skilled) occupation. In these situations, the other non-Canadian partner qualifies to apply for an open work permit. This rule unfortunately doesn't apply to your situation since you're Canadian.

 

[scylla]

Also from the website it seems like he can apply for a work permit from there?!

I'm not sure which specific site you're referring to - however he doesn't qualify.

The only options available are the ones in my original post.

 

[Immigrations]

To add to scylla's advice:
He could come to Canada as a visitor (he needs an eTA). Hopefully, he will be allowed 6 months' stay on initial entry. He must bring evidence of adequate finances + ties to Sweden. He cannot work as a visitor.

He could then apply to extend his visitor status about a month before the 6 months' authorized stay ends. Reason: Intention to become common-law.

You could apply for his PR once you are common-law + include an application for an OWP (open work permit) with it

In this method it can mean 1 year of him not being able to work?

 

[Immigrations]

If we get married while he’s here or I go there etc how long does it then take for him to be able to work here? And is the only way via a permanent residency application or can we then immediately apply for a work permit?

How come in the option by the other user he would qualify for owp? Is it because it’s intandum with the permanent residency?

 

[Bryanna]

In this method it can mean 1 year of him not being able to work?

That's right.


Based on your post, your options are:
1. You can live with him in Sweden for 12 continuous months until you achieve common-law status to apply for his PR. As a Canadian citizen, you can apply for his PR even when you're living in Sweden. You would, however, need to show that you have intent to move back to Canada before/shortly after he gets his PR visa

2. He can come to Canada as a visitor... and follow through with the advice I mentioned earlier

3. He can apply to immigrate to Canada on his own through one of the economic pathways if he is eligible

4. Or you can get married and apply for spousal PR immediately after that. He can enter Canada as a visitor (eTA) and wait for a PR decision.

You cannot include an OWP if you submit an outland PR application. You can include an OWP if you submit an inland PR application

 

[scylla]

If we get married while he’s here or I go there etc how long does it then take for him to be able to work here? And is the only way via a permanent residency application or can we then immediately apply for a work permit?

How come in the option by the other user he would qualify for owp? Is it because it’s intandum with the permanent residency?

He does not qualify for an open work permit just by being married to you.

The only way is through permanent residency. You must apply from within Canada (both of you must be in Canada). It will take four months for the work permit to be approved.

 

[Immigrations]

So do I understand this correctly..

Say we are in Canada, We get married tomorrow, the day after we apply for PR (this is considered Outland or Inland? Sorry I don’t know the difference... along with the PR we request an OWP, he gets a decision in 4 months on what? OWP or PR? if needed can be go back to sweden and work there until he gets approved to work here or must be wait in Canada?

 

[scylla]

So do I understand this correctly..

Say we are in Canada, We get married tomorrow, the day after we apply for PR (this is considered Outland or Inland? Sorry I don’t know the difference... along with the PR we request an OWP, he gets a decision in 4 months on what? OWP or PR? if needed can be go back to sweden and work there until he gets approved to work here or must be wait in Canada?

Yes - if you are both in Canada and married, you would submit an application from within Canada (this is applying inland) and include an open work permit. The open work permit will be approved in around 4 months. He would need to stay in Canada - he can't go back to Sweden for four months. Applying inland requires him to be living in Canada with you.

 

[canuck_in_uk]

So do I understand this correctly..

Say we are in Canada, We get married tomorrow, the day after we apply for PR (this is considered Outland or Inland? Sorry I don’t know the difference... along with the PR we request an OWP, he gets a decision in 4 months on what? OWP or PR? if needed can be go back to sweden and work there until he gets approved to work here or must be wait in Canada?

To add, you will not be able to apply the day after getting married, as you need to wait for the marriage certificate. In some provinces, it can take months.

 

[Immigrations]

To add, you will not be able to apply the day after getting married, as you need to wait for the marriage certificate. In some provinces, it can take months.

Oh thanks I had no idea it took months