Can I apply for Common law if we travel+work together for 2 years?

[Otakukid]

Hi Folks,

So I will try to keep this post as brief as possible. I am originally a UK resident, but have been a PR in Canada since early 2014. I currently have a girlfriend from Japan who has been here for over a year, we have been together for a while now, close to 6 months though we don't live with each other we plan to soon. She currently works as a translator, her working holiday visa expires end of the summer and I understand she has no choice but to either leave or extend her status as a visitor.

I really can not bare to see her leave nor am I ready for a marriage yet (I love her but its too soon) so I am wondering would it be possible to apply as common law together outside of Canada? I was thinking of doing a work holiday visa abroad with her for 2 years, 1 year in New Zealand and another 1 year in Australia. Bearing in mind I can only do 2 years if I want to keep my PR. Would this be possible? We would be living together the whole duration of our working holiday visa's in NZ and AUS so would it be possible to apply for common law after? We would also try to share accounts if we were to do a work holiday visa abroad.

Once again thanks to everybody for making this website such a great forum, this place has really helped me gain PR in the past and hope it can work out for both me and my girlfriend also.

 

[sunshinemrc]

Hi Folks,

So I will try to keep this post as brief as possible. I am originally a UK resident, but have been a PR in Canada since early 2014. I currently have a girlfriend from Japan who has been here for over a year, we have been together for a while now, close to 6 months though we don't live with each other we plan to soon. She currently works as a translator, her working holiday visa expires end of the summer and I understand she has no choice but to either leave or extend her status as a visitor.

I really can not bare to see her leave nor am I ready for a marriage yet (I love her but its too soon) so I am wondering would it be possible to apply as common law together outside of Canada? I was thinking of doing a work holiday visa abroad with her for 2 years, 1 year in New Zealand and another 1 year in Australia. Bearing in mind I can only do 2 years if I want to keep my PR. Would this be possible? We would be living together the whole duration of our working holiday visa's in NZ and AUS so would it be possible to apply for common law after? We would also try to share accounts if we were to do a work holiday visa abroad.

Once again thanks to everybody for making this website such a great forum, this place has really helped me gain PR in the past and hope it can work out for both me and my girlfriend also.

You can travel with her to establish common law in another country however once you apply to sponsor her, you being a PR will have to remain in Canada permanently throughout the entire processing of her sponsorship.

 

[floomy]

yes, if you and she would live together for a year (consecutively ) then she can apply for PR as common-law.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

 

[Otakukid]

Would she have to be with me the whole time of processing? I mean she's already used up her WHV for Canada, we will spend 2 years together abroad contentiously but after that I will eventually have to go back to Canada alone where I will live permanently and start the common law application. How much guarantee does this look to work?

 

[Rob_TO]

Yes it's possible, as all common-law requires is proof of at least 12 months continuous cohabitation. Where in the world the cohabitation happens is not relevant.

As mentioned, since you're a PR you must be residing in Canada to submit the PR app, and during the application process.

It's possible for you to be living separately during PR processing, since once you establish the common-law relationship you can then live apart. See here for more: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?

 

[floomy]

She can stay in Canada as visitor while she waits for PR .
She can not work and study without proper permit though.

 

[sunshinemrc]

Would she have to be with me the whole time of processing? I mean she's already used up her WHV for Canada, we will spend 2 years together abroad contentiously but after that I will eventually have to go back to Canada alone where I will live permanently and start the common law application. How much guarantee does this look to work?

As Rob pointed out below, yes it is perfectly fine to live apart after you established a common law relationship.

 

[momochi]

I was in a very similar situation! I'm Japanese and my partner is Canadian - when I started living with him, my visa (study permit) was about to expire and we had to decide what to do. Like you, we thought it was too early to get married but we really wanted to stay together.

We didn't have an option to leave Canada as my partner had a stable job and it was unrealistic. What I did was to apply for a visitor visa to complete the one-year living together obligation to qualify as common-law. I wrote the exact situation in the application letter and received a visitor visa long enough to satisfy the obligation.

I am also a translator like your gf, and the best part of being a freelance translator back then was that I didn't need a work permit to do my job! While I was on a visitor visa, I exclusively worked for non-Canadian agencies (Japanese, British, etc.) and still earned some money.

Now I got my PR and I and my partner are planning to get married next year! We couldn't be happier... ;D

I wish you two the best

 

[floomy]

I am also a translator like your gf, and the best part of being a freelance translator back then was that I didn't need a work permit to do my job! While I was on a visitor visa, I exclusively worked for non-Canadian agencies (Japanese, British, etc.) and still earned some money.

You worked in Canada even though it was for foreign national company. Still you made an income under the table while you were in Canada with visitor visa. That was illegal.

That is not good advice for his gf now.

 

[momochi]

You worked in Canada even though it was for foreign national company. Still you made an income under the table while you were in Canada with visitor visa. That was illegal.

That is not good advice for his gf now.

You are wrong, I checked so many times if this was illegal.
I even included this fact in my immigration application and it was accepted.
I also filed income taxes during this time so it was NO WAY under the table.
One is considered illegal if he resides in Canada and works for a Canadian company without a permit.
There is nothing wrong with working for foreign companies on visitor visa in Canada. (telecommuting work)

 

[Mightytonewheel]

You worked in Canada even though it was for foreign national company. Still you made an income under the table while you were in Canada with visitor visa. That was illegal.

That is not good advice for his gf now.

It's permissible for someone to enter as a visitor in Canada and still work without a work permit, provided the following conditions are met:

• There must be no intent to enter the Canadian labour market (there will be no gainful employment in the country);
• The worker’s activity in Canada must be international in scope (it is assumed that a business visitor will engage in cross-border activity of some sort);
• For business visitors in Canada working for a foreign employer, the following criteria are assumed:
• The primary source of the worker’s compensation is outside of Canada
• The principal place of employment is located outside of Canada
• The employer’s profits are accrued outside of Canada

Read more at http://www.canadavisa.com/work-in-canada-without-a-work-permit.html#mLFVoXQX1qojIjzy.99

 

[floomy]

http://www.canadavisa.com/canada-immigration-discussion-board/legal-to-work-as-freelancer-on-visitor-visa-in-canada-t392405.0.html

if translation works involved with Canadian company, seems to be not right.

 

[mikeymyke]

No that's the beauty of freelancing with non Canadian clients/companies. You are capable of working while on a visitor visa. Although it's not a good idea to mention that this will be your main way of supporting yourself while being a visitor, however.