Can I sponsor my common-law American spouse if he enters Canada under NAFTA?

[beeelythe]

Hi everyone!

My boyfriend and I have been together for three years and have lived together for two in the US. I'm here as a student and I graduate with my undergraduate degree in May. He graduated two years ago with a BFA in Graphic Design. Fortunately, that is one of the careers under NAFTA! So we've been doing job searches for a few months and he recently found one in Vancouver. They would require him to start next month and then I would join him there after I graduate in May.

One problem:

We've been planning on applying for permanent residency in Canada for him since he is my common-law spouse. We've lived together for two years now. But to enter Canada under NAFTA you have to declare that your employment is temporary and that you intend to leave at the end of it and not seek permanent residency. So conflicting! So I guess my question is, could he enter Canada under NAFTA and then could we apply for permanent residency while in Canada? Do those two things cancel one another out?

We don't want to make a mistake and have him turned away at the border. It would be pretty devastating.

Thank you!

 

[belee1985]

It's fine, just tell him not to tell the immigration official at the border that he has a common-law partner who is a Canadian citizen. Once he's in the country, file the application and that's it They're much less strict with Americans (and vice-versa) than other foreigners so you're good !

 

[belee1985]

PS: He is not your common-law spouse but common-law partner, as 'spouse' only applies when you have had an official civil marriage ceremony.