Canadian citizen with British common law partner

[JennaJ86]

Hello, I was hoping someone could help me with some information regarding having my common law spouse move to Canada for a couple years.

I'm a Canadian citizen born and raised who moved to the UK in 2009 under the Youth Mobility Scheme Visa. I'm due to go back home in the next couple months and my boyfriend (whom at this point is considered common law) and I are trying to figure out the best way to go about getting a work visa, or more preferably, a common law visa so that he can live and work in Canada with me for the next couple years.

We've been together for 4 years..the first 2 years was filled with travelling quite a bit back and forth, but there's plenty of proof to show authorities that we're a genuine couple.

My problem lies in the fact that navigating the Canadian Immigration webside is an absolute nightmare! So far, the best option we've found so that he can come over to work is by going for the Common law spousal visa. Unfortunately he's over 30, so that work experience visa option is no longer a valid option..which is a shame because it would have made life so much easier.

So what do we need to do? Does anyone have any similar experiences with this?

I'm quite happy to sponsor him for when he comes over, but obvsiouly when I return home, I won't have a job right away, but plan on getting employment as soon as possible. Would this complicate things, the fact that I won't have employment yet when I land in Canada?

I'm really at a loss as to where to start the process and what's the best route to take. He just needs to be enabled to work for a couple years whilst we decide where to reside permanently. (either UK or Canada)

Any help on this would be greatly appreciated!

Jenna

 

[canadianwoman]

If you apply common-law, he won't be able to work until he gets the PR visa, which will take maybe 9 months or so. You can apply for his PR visa while you are still living in the UK, though you will then have to prove that you will be going back to Canada.
If you wait until you are back in Canada, he can come to Canada to visit you (for 6 months, and then he can get an extension), but he won't be able to work.
You could apply inland, which means once you get back to Canada, he comes to visit you, and then you apply inland. But getting permission to work via this route will take at least 9 months, so applying outland will result in him getting permission to work just as quickly or more so.

I'd suggest you apply right away while you are in the UK for his PR visa - common-law, outland.

 

[JennaJ86]

Thank you for replying! Sorry my reply is a few months late lol

As his sponsor, would I need to have a certain amount of funds for when he arrives? Bearing in mine I'll just be arriving back from living in the UK, so won't have a job straight away but will get one as soon as I possibly can. Would this cause a problem with his application and mine as his sponsor?

 

[CharlieD10]

Spousal applications, including common-law, don't have minimum income requirements. You need to show how you will provide for his basic necessities, so if you are job hunting, show proof of that, if you are living with relatives until you get back on your feet, have them write letters confirming this, if you will be using savings, show proof of this. You need to show that adequate arrangements, not including relying on social assistance, have been made.

 

[JennaJ86]

Thank you for the response!

That takes a load of my mind knowing that there's no minimum income requirement. Showing adequate arrangements shouldn't be a problem seeing as I'll begin looking for a job from the UK a few weeks before I will return. Now to get the process started finally

 

[Leon]

Yes, it is a good idea to start the process as soon as possible. The UK is fast, he could have his PR within 6 months. As a Canadian living outside Canada sponsoring a spouse, you have to include proof of plans to re-settle in Canada when he gets his PR. That could be listing what your plans are, where you will live, job search or offers, being accepted to a college or at the very least some letters from friends and family who know of your plans and offer you to stay in their house while you look for a place of your own.

For common law you also need proof of having lived together for at least 12 months. For any relationship, you need proof of the relationship, how you met, photos etc. The longer you have been together, the easier to prove.

 

[Maid_Marian]

Hey Jenna,
I'm a bit behind the times here, but I'm in the same situation, although reversed!
I'm in Canada under the Youth Mobility Scheme (BUNAC/SWAP) and will shortly be sponsored by my Canadian citizen boyfriend, once we have lived together for 12 months and are thus common-law. Due to quicker processing times, I'm applying Outland (via London office) through the common-law route for Permanent Residency, whilst maintaining my Visitor (ie no working!) status here in Canada.
Main thing I'll say is that, if you haven't realised already, there is a LOT of paperwork for common-laws and your boyfriend will bear the brunt of it! Be prepared to show a lot of stuff proving you're together and (crucially) that you've lived together for at least a year. Joint bank accounts, tenenacy agreements etc etc etc
And, if you're a hoarder, it'll come into its own as one of the questions on the applicant questionnaire asks for details of activities/travelling you've done together: they're looking for tickets, bookings with both your names on etc etc.
Applying Outland is quicker, main negative is that, if you're called to interview, it will be in London. But, if you have enough evidence and don't raise any red flags, that hopefully won't happen!
Good luck!!