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Can I claim my girlfriend as a common law partner if we plan to live together?

Catcher8587

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Jun 14, 2016
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My girlfriend and I have been together for 3 and a half years in long distance relationship. She is currently working in Canada and I am an American trying to get in so that I can work there too. Ive applied for express entry but don't have enough points. We've spent a lot of time together recently and have lived together for about a month with me seeing her on weekends now. I see that the requirement for a common law partnership is having lived together for a year.

Is there a way around this? Is it possible for me to declare her as a common law partner since we plan to live together once I arrive? I'd appreciate any help..
 

scylla

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Catcher8587 said:
Is there a way around this? Is it possible for me to declare her as a common law partner since we plan to live together once I arrive?
No - you can't claim her as your common law partner - because you aren't common law, you're just dating. You must live together for one year continuously to be considered common law. There is no way around the one year cohabitation requirement.
 

Dexmoody

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Catcher8587 said:
My girlfriend and I have been together for 3 and a half years in long distance relationship. She is currently working in Canada and I am an American trying to get in so that I can work there too. Ive applied for express entry but don't have enough points. We've spent a lot of time together recently and have lived together for about a month with me seeing her on weekends now. I see that the requirement for a common law partnership is having lived together for a year.

Is there a way around this? Is it possible for me to declare her as a common law partner since we plan to live together once I arrive? I'd appreciate any help..
You've given the answer to yourself already. It is a requirement for a common-law relationship for a couple to have lived together for at least 12 months. You do not qualify under this condition, and your intention to live together is not an adequate substitute.

You have two options:

a) Get married and then use the family sponsorship route
b) Improve your CRS scores to get an invite directly under EE entry
 

Catcher8587

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Jun 14, 2016
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Dexmoody said:
You've given the answer to yourself already. It is a requirement for a common-law relationship for a couple to have lived together for at least 12 months. You do not qualify under this condition, and your intention to live together is not an adequate substitute.

You have two options:

a) Get married and then use the family sponsorship route
b) Improve your CRS scores to get an invite directly under EE entry
Not sure how to improve my score. I've gotten a perfect score on my English exam.
 

Dexmoody

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Catcher8587 said:
Not sure how to improve my score. I've gotten a perfect score on my English exam.
Make sure you have listed all your work experience. Having three years of work experience can boost your points.

The other option you could look into is PNPs.
 

Catcher8587

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Dexmoody said:
Make sure you have listed all your work experience. Having three years of work experience can boost your points.

The other option you could look into is PNPs.
I have over 3 years of experience, a perfect IELTS score, and a Bachelor's degree. My score is 441. I have to live in Ontario and it looks like the aren't doing PNPs right now.
 

Dexmoody

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Catcher8587 said:
I have over 3 years of experience, a perfect IELTS score, and a Bachelor's degree. My score is 441. I have to live in Ontario and it looks like the aren't doing PNPs right now.
Well, if you want to go the EE route, then the only thing that can improve your points is:
a) Getting Canadian work experience
b) Getting an additional degree, ideally a Canadian Master's

Or you can wait until you can prove 12 months of cohabitation with your girlfriend and then go down the sponsorship route.
 

LokiJr01

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The points system for "couple" status is different from a single applicant...so to maximise your points as a 'couple' your partner needs to take IELTS and the same requirements you completed.
Plus the settlement fund requirement is higher.
 

Catcher8587

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Jun 14, 2016
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Dexmoody said:
Well, if you want to go the EE route, then the only thing that can improve your points is:
a) Getting Canadian work experience
b) Getting an additional degree, ideally a Canadian Master's

Or you can wait until you can prove 12 months of cohabitation with your girlfriend and then go down the sponsorship route.
How am I supposed to get work experience if I cant get authorized to work?
 

Dexmoody

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Catcher8587 said:
How am I supposed to get work experience if I cant get authorized to work?
Studying in Canada can allow you to do that. Typically, you can get a post-graduate work permit (PGWP) after graduation, and you can work on that for three years.

You could also look into your company transferring you to Canada.

Also, some countries have working holiday arrangements with Canada. Not sure if the US qualifies though. Google Canada IEC and check.

Finally, you could just directly apply for jobs in Canada and ask your prospective employer for an LMIA. That's hard, but I think with your American background you may have an advantage over many others in that respect (because your American work experience is very similar to Canadian work experience from a business culture and language perspective). Depends on your skill set too, of course - the more in demand in Canada, the easier this is going to be.
 

scylla

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In addition to the above, if you can secure a job in Canada that falls on the NAFTA occupation list, then no LMIA is required to get a work permit.