Able to apply for work permit while waiting for spousal sponsorship?

[thedecemberists]

Hi, I'm very new to this. I'm a Canadian, my girlfriend's not. She's here on a working visa that expires soon. She was hoping to apply for PR, but now she's learning that what she thought was a masters in her country (in Europe) is considered a bachelors here, so she has no chance of meeting the required points. On top of that, her work visa expires in a few months, which is a shame because she has a very good job leading a very big project.

I didn't want us to become common-law for another year, but I already know she's the one. Haven't mentioned anything to her though as I'm not sure if this is an option, but is becoming common-law an option to keep her here and make sure she continues with her work? From what I hear, it takes more than a year after becoming common-law to become get a PR, correct? If that's the case, is it possible to get a work permit during that time, just to make sure she continues her job? And if this is possible, how long would it take to get the work permit?

Thanks. Appreciate all the help.

 

[Rob_TO]

I didn't want us to become common-law for another year,

Common-law is not a voluntary choice, you automatically become common-law when you've lived with your partner for 12 consecutive months. Have you done this already?

Same with taxes, it's not a choice. Once you reach 12 months living together you must inform CRA of your marital change for tax purposes.

 

[thedecemberists]

Oh, no we haven't. Then I guess the only option is going to City Hall and getting married?

 

[Rob_TO]

Oh, no we haven't. Then I guess the only option is going to City Hall and getting married?

You can certainly get married, and then she can file an inland PR application along with an OWP application. She would get the OWP after approx 4 months.

What kind of work permit is she currently on? Depending on the type, she may need to stop working after her current work status expires and while she's waiting for OWP from inland PR app.

Also how long have you been dating? Sometimes a quick city hall marriage after a quick relationship can be seen as suspicious, since it sounds like your basically just doing it to allow her to stay in Canada and continue working. Make sure the marriage would be for genuine reasons other than immigration. The longer you've been dating, the easier the process will be.

 

[thedecemberists]

SHe's on a Working Holiday visa. We've only been dating for... 7 months, but at 33 years old and 5 relationships behind me, I know this is it. I didn't want to rush into it, and still don't, but I'm considering it.

If she has to stop working, then that would defeat the whole purpose of this. I'm just trying to figure a way out to make sure she doesn't stop working.

 

[canuck_in_uk]

SHe's on a Working Holiday visa. We've only been dating for... 7 months, but at 33 years old and 5 relationships behind me, I know this is it. I didn't want to rush into it, and still don't, but I'm considering it.

If she has to stop working, then that would defeat the whole purpose of this. I'm just trying to figure a way out to make sure she doesn't stop working.

As she is on an IEC, she would have to stop working when her current permit expires. She can remain in Canada but cannot work until she receives the OWP, which as Rob said, takes 4 months after applying for PR.

 

[Rob_TO]

SHe's on a Working Holiday visa. We've only been dating for... 7 months, but at 33 years old and 5 relationships behind me, I know this is it. I didn't want to rush into it, and still don't, but I'm considering it.

If she has to stop working, then that would defeat the whole purpose of this. I'm just trying to figure a way out to make sure she doesn't stop working.

If the only reason you'd be getting married now is to allow her to stay and continue working, and you wouldn't be rushing into it if there was no immigration issue here, that is pretty much a marriage of convenience (one done mainly for immigration purposes). If the visa officer also suspects this, she could face long delays in her PR app.

If her work really values her, she can ask them if they are willing to go through the LMIA process for her. If her employer can get an LMIA approved, she could then get a closed work permit based on that. This also takes lots of time to do though, so again there will be some time period where she will need to stop working.

Due to the timing here, there is probably no way at all she can continue to work immediately after her current working holiday visa expires.

 

[danawhitaker]

SHe's on a Working Holiday visa. We've only been dating for... 7 months, but at 33 years old and 5 relationships behind me, I know this is it. I didn't want to rush into it, and still don't, but I'm considering it.

If she has to stop working, then that would defeat the whole purpose of this. I'm just trying to figure a way out to make sure she doesn't stop working.

It really seems like you would be marrying for the wrong reason at the wrong time, even if you think she's the right person. Putting myself in her shoes, personally, I would be uncomfortable getting married under those circumstances.

 

[cyclist]

Common-law is not a voluntary choice, you automatically become common-law when you've lived with your partner for 12 consecutive months. Have you done this already?

Same with taxes, it's not a choice. Once you reach 12 months living together you must inform CRA of your marital change for tax purposes.

hi Rob..I have a common law partner ..we became common-law on Feb 2016..so do we HAVE TO file tax as a common-law?

 

[scylla]

hi Rob..I have a common law partner ..we became common-law on Feb 2016..so do we HAVE TO file tax as a common-law?

Legally - absolutely.