Canadian Experience Class w/ Common Law Partner

[Ochenta8]

Hello!

Im gonna apply soon for my PR under Canadian Experience class. I finished 2 Years Study and Got my 3 years work permit. I have already 1 year & 3 months working And Im ready to apply for my PR. However I have some question regarding my Partner.

We would like to apply as common law. He will be the second applicant as I am the one who qualified. But Here is the story:

He came to Canada 3 years ago and got married in 2016. Applied for an sponsorship in 2017 and got the Work permit until Jan, 2020. They ended up the relationship because Some problems and withdrawal papers by February 2018. He move to my house by October 2018. And we rent a new house by Jan 2019.He will stay here in Canada to work until the work permit expire (Next Year).

That’s the complete story.

Under this situation. As we are in common law and we want to remain together, We are applying together for the PR.

Its October now, we would like to apply by Dec,2019 before his work permit expire. Here are the question:

1. He is getting the divorce papers now. They are both fine to sign everything. Do we really needs to wait for this papers, or can we still apply as common law at the same time he still waiting for the final divorce?

2. When His work permit expired. Does he has to go back to his country? Or can he applies here for any extension?

3. Do you think that the process will be difficult as his situation? Or any of you have experience in something similar?

He has a Job offer under His current Job, already have one year working with them.

Please any comment would be appreciated.

 

[Yoruba girl]

I think you should speak to an Immigration lawyer

 

[Ochenta8]

I think you should speak to an Immigration lawyer

I did. The lawyer said that its ok! But for “to be safe” Just wait for the divorce final decision. Even though, He told me that If we can prove that we live together for a year, everything should be fine. But I still have some doubt.

As Everyone, I would like to be in the safe side.

 

[jes_ON]

Hello!

Im gonna apply soon for my PR under Canadian Experience class. I finished 2 Years Study and Got my 3 years work permit. I have already 1 year & 3 months working And Im ready to apply for my PR. However I have some question regarding my Partner.

We would like to apply as common law. He will be the second applicant as I am the one who qualified. But Here is the story:

He came to Canada 3 years ago and got married in 2016. Applied for an sponsorship in 2017 and got the Work permit until Jan, 2020. They ended up the relationship because Some problems and withdrawal papers by February 2018. He move to my house by October 2018. And we rent a new house by Jan 2019.He will stay here in Canada to work until the work permit expire (Next Year).

That’s the complete story.

Under this situation. As we are in common law and we want to remain together, We are applying together for the PR.

Its October now, we would like to apply by Dec,2019 before his work permit expire. Here are the question:

1. He is getting the divorce papers now. They are both fine to sign everything. Do we really needs to wait for this papers, or can we still apply as common law at the same time he still waiting for the final divorce?

2. When His work permit expired. Does he has to go back to his country? Or can he applies here for any extension?

3. Do you think that the process will be difficult as his situation? Or any of you have experience in something similar?

He has a Job offer under His current Job, already have one year working with them.

1) RE Common law status, assuming you have completed living together for one year (you did not provide an exact date), your partner will be eligible to apply apply as common law. There is no requirement to have a legal divorce before being considered common law. That said, you can take additional steps to ensure that your common law status will be recognized, such as filing the change of marital status form with the CRA - I suggest using the form option, it is just easier to scan it for proof.
https://www.canada.ca/en/revenue-agency/news/newsroom/tax-tips/tax-filing-season-media-kit/tfsmk31.html#targetText=You can tell the CRA,one of the following options:&targetText=select “Marital status” in the,Form RC65, Marital Status Change

2) RE renewing work permit - you say he has a "job offer" - is it skilled and does he have an LMIA? If not, he is not currently eligible to apply for a work permit on his own. However, as your common law partner, he can apply for a new spouse open work permit. Since you have so much time left on your PGWP, you will not need to apply for a BOWP, but he can still apply for the SOWP on the basis of your PGWP -

http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

"If your spouse has an open work permit (e.g. post-graduation work permit), you must attach a copy of your spouse’s work permit to your application for an open work permit, along with:

• a letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
• a copy of your spouse’s recent pay slips

Your permit will not be valid longer than your spouse’s work permit."

 

[Yoruba girl]

I did. The lawyer said that its ok! But for “to be safe” Just wait for the divorce final decision. Even though, He told me that If we can prove that we live together for a year, everything should be fine. But I still have some doubt.

As Everyone, I would like to be in the safe side.

Ok..cool