Common-law Immigration

[Lindsey94]

So here's the situation:
I am an American Citizen and am trying to move to Nova Scotia to live with my boyfriend. My plan is to move to Canada and get citizenship to join the Military and work, but there are a few questions I have that I am finding difficulty getting a clear answer from the website.
1.) By the time we can financially live together, we will have been in a relationship for over a year. But if we moved into an apartment or PMQ (He is joining the military) will we immediately be able to apply under our conjugal relationship status for common-law immigration and sponsorship while I am still out of the country or when I enter, or will we have had to live together in a common-law relationship for at least a year before we can apply?
2.) If we have to wait a year do I simply have to apply for an extended stay or is there some other method I have to complete.
3.) Should/ can I apply for an open work visa now?
4.) If I join the military here can I transfer to the Canadian Military and immigrate that way?

 

[zardoz]

So here's the situation:
I am an American Citizen and am trying to move to Nova Scotia to live with my boyfriend. My plan is to move to Canada and get citizenship to join the Military and work, but there are a few questions I have that I am finding difficulty getting a clear answer from the website.
1.) By the time we can financially live together, we will have been in a relationship for over a year. But if we moved into an apartment or PMQ (He is joining the military) will we immediately be able to apply under our conjugal relationship status for common-law immigration and sponsorship while I am still out of the country or when I enter, or will we have had to live together in a common-law relationship for at least a year before we can apply?
2.) If we have to wait a year do I simply have to apply for an extended stay or is there some other method I have to complete.
3.) Should/ can I apply for an open work visa now?
4.) If I join the military here can I transfer to the Canadian Military and immigrate that way?

1) You have to live together for 12 continuous months before you can apply.
2) You can try to enter as a visitor and after 5 months apply for an extension. This often works but is not guaranteed.
3) As a visitor you would have no basis for applying for an OWP. You would have to follow the regular path to employment.
4) No. If anything, military service can slow down an application to immigrate.

 

[Lindsey94]

1) You have to live together for 12 continuous months before you can apply.
2) You can try to enter as a visitor and after 5 months apply for an extension. This often works but is not guaranteed.
3) As a visitor you would have no basis for applying for an OWP. You would have to follow the regular path to employment.
4) No. If anything, military service can slow down an application to immigrate.

So if I manage to get in as a visitor and apply for an extension of stay and get denied for whatever reason, if I just go to visit my family for a couple of weeks and come back, would the traveling interfere with the "You have to live together for 12 continuous months before you can apply"? And you said I would have to follow the regular path to employment, does that mean I can try to get a job while I'm there and then apply for a visa? Is it possible if I drive and have some of my stuff to still be considered a visitor, or will they question the longevity of my stay and refuse me at the border? I wouldn't be bringing too much, just a couple bags of clothes and some books and miscellaneous items.

 

[Rob_TO]

So if I manage to get in as a visitor and apply for an extension of stay and get denied for whatever reason, if I just go to visit my family for a couple of weeks and come back, would the traveling interfere with the "You have to live together for 12 continuous months before you can apply"?

There is no rule or specific number of days you are allowed to be separated, before cohabitation is deemed to be officially broken. CIC only uses the phrase "short and temporary" in the guide on common-law. So it's entirely up to the judgement of the VO reviewing your file. Many cases have seen 1 spouse travel by themselves for family, work or some other reason for many weeks at a time, and still be accepted for common-law. Other cases see a spouse travel separately for around 3 weeks, and it's determined they broke the cohabitation.

In general I would not advise to be apart for much more than 2 weeks at a time, if possible.

And you said I would have to follow the regular path to employment, does that mean I can try to get a job while I'm there and then apply for a visa?

Being married or having a common-law spouse in Canada, or having an outland PR application in progress... does NOTHING to help you work. You would still need to qualify to work completely independent from anything else.

So that means you basically have only 2 options. You can see what Canadian open work permits or working holidays you may qualify for as a US citizen, OR if you find an employer in Canada willing to hire you they would need to go through the LMO process to get you a closed worked permit to work for them. LMO is a tedious process for an employer to do so it usually would need to be a more specialized job.

Is it possible if I drive and have some of my stuff to still be considered a visitor, or will they question the longevity of my stay and refuse me at the border? I wouldn't be bringing too much, just a couple bags of clothes and some books and miscellaneous items.

That should be fine. Bring whatever you would normally bring if you were going on vacation. Just don't bring stuff that would show you are "moving" to Canada or intend to stay permanently (like furniture, a U-haul full of stuff, etc)