Common Law partner after 1 year on Experience Canada Visa

[scylla]

To be honest, I intend to be working as a freelance writer, hence self-employed - so that probably means I don't need a "work permit" anyway - right?

You'll still need a work permit if your clients are in Canada.

 

[Kuz]

You'll still need a work permit if your clients are in Canada.

Thanks, useful info. I should be ok with Implied Status work permit

 

[AllisonVSC]

I've also just noticed this, in the same document, in our favour

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

pg35

However, applicants are also obliged to inform the Department if aspects of their life change prior
to the finalization of their case, including their marital/conjugal status. If their conjugal relationship
changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the
applicant and sponsor marry), then officers should make adjustments to the application (i.e.,
coding) and should proceed with processing in terms of the new conjugal relationship. (See 13.1
for guidance on procedures regarding technically illegal marriages). Until further notice, applicants
whose marital status changes following a refusal decision—for example, following the refusal of
their conjugal-partner application the sponsor marries the applicant—should be counselled to
reapply under the appropriate category— in the above example, FC1.

So that means, if we apply as Conjugal Partners 30 days before my visa runs out, and then by the time the application is processed we become Common-Law (as in having lived together for ONE YEAR) then th Immigration Officer can change our application to Common Law provided a refusal hasn't alraedy happened.

OMG, this seems so doable.

Damn Canada, you have pretty lax immigration policies, you'd never get away with that *censored word* in the US ;D

If you want to immigrate as the conjugal partner you must provide evidence that the two have maintained a conjugal relationship for at least one year. So whatever application you put together (conjugal or common-law) must prove at least one year in a "marriage-like" relationship. If you apply conjugal (with 11 months of proof) intending to change status to common law when you qualify you will run the risk of having your application returned for the same reasons scylla mentioned earlier regarding applying early for common law.

I'm curious as to why you are not considering an outland application since it appears from reading your other posts that you are from the UK where outland processing times are currently at 7 months? You can apply outland regardless of your physical location; outland/inland describes where your application will be processed not where you are. With a strong, convincing and complete application an interview will probably not be required and so you might never have to leave Canada.

Just so you know, I was processed in the conjugal partner class and have stuck around the forum to help others (including Elkan) considering that option. It is tough and it is also doable. The problem is that there are more possible reasons for the officer to reject your application (not having a barrier to meeting common law requirement is just one of them since you could apply to change your status at the end of your work visa) and they have more discretion in applying the particulars of the class than with a common law and spousal application.

It looks like you are doing a lot of research in looking for ways to manage your process. I can not help you with the questions about inland apps, work permit extensions, etc as my experience was based on an outland app and visitor status. I can offer a link to the OP 2 processing manual in case you haven't seen it yet and suggest you read from 5.25 through to 5.51 (I'm sure there are a few sections in there that you can skip). http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
I found this document particularly helpful in terms of gathering evidence for the application and understanding the scope what the officer is looking for in an application.

Good luck figuring it all out. If I can help, please let me know.
Allison

 

[Elizabeth Joe]

If you are not from a country that can extend the Experience Canada Visa for another year (I think only UK and Australia citizens can) you don't get a work permit under implied status. You have are allowed to stay as a visitor, but can't work. Maybe I'm wrong though.

24. Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.
A temporary resident with implied

since you can't apply for renewal of your Experience Canada Visa, you can't have implied status with the same conditions. The Experience Canada Visa is a one time thing that doesn't make you a resident, it's meant for getting to know Canada and leave again.
Not 100% sure though.

 

[Kuz]

If you want to immigrate as the conjugal partner you must provide evidence that the two have maintained a conjugal relationship for at least one year. So whatever application you put together (conjugal or common-law) must prove at least one year in a "marriage-like" relationship. If you apply conjugal (with 11 months of proof) intending to change status to common law when you qualify you will run the risk of having your application returned for the same reasons scylla mentioned earlier regarding applying early for common law.

I'm curious as to why you are not considering an outland application since it appears from reading your other posts that you are from the UK where outland processing times are currently at 7 months? You can apply outland regardless of your physical location; outland/inland describes where your application will be processed not where you are. With a strong, convincing and complete application an interview will probably not be required and so you might never have to leave Canada.

Just so you know, I was processed in the conjugal partner class and have stuck around the forum to help others (including Elkan) considering that option. It is tough and it is also doable. The problem is that there are more possible reasons for the officer to reject your application (not having a barrier to meeting common law requirement is just one of them since you could apply to change your status at the end of your work visa) and they have more discretion in applying the particulars of the class than with a common law and spousal application.

It looks like you are doing a lot of research in looking for ways to manage your process. I can not help you with the questions about inland apps, work permit extensions, etc as my experience was based on an outland app and visitor status. I can offer a link to the OP 2 processing manual in case you haven't seen it yet and suggest you read from 5.25 through to 5.51 (I'm sure there are a few sections in there that you can skip). http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
I found this document particularly helpful in terms of gathering evidence for the application and understanding the scope what the officer is looking for in an application.

Good luck figuring it all out. If I can help, please let me know.
Allison

Hello,

Regarding your first point. It would be easy for us to show that we have a conjugal relationship as per http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf document, particlar regards to section 5.26 as we have a TEN YEAR relationship of constant visits and emails and visas stamped in our passports and airline tickets and photographs. We haven't maintained an exclusive relationship in that time, but I went to visit her in Nov-Dec for a month and we've been pretty exclusive since then.

As for the other requirements for the conjugal reltionship, we can begin the process of enjoining our lives - i.e joint life insurances, credit cards, pooling of financial resources, wills etc.. right now. So this will add to the mountain of emotional/social evidence we already have. We can gather this WELL before i move there, so can, realistically, take the relationship back VERY VERY FAR (i guess as long as we begin the financial aspects of it now). The only stipulation is that we dont need to have lived together for 12 months, because that in itself is stopping us applying for Common Law due to immigration restrictions. Evertying else we can prove well beyong one year and at least make it one year by the time we apply.

Thanks for the suggestion regarding Outland. But this is tricky in my situation. I turn 31 in August, so therefore will not qualify for IEC visa unless i send my application to them BEFORE that. So therefore, be felt some urgency in doing it that way. If i wait 7 months (or more) for the Outland Conjugal Application to clear - I may no longer qualify for IEC, and then i really will be fucked.

RE: Doing it outland, which will take 7 months. Maybe i could apply for the outland conjugal now AND the IEC just in case... can i do this? Also, i wont have a year to show that a Conjugal Relationship has existed - i mean, we've got TONS of emails going back a decade and phone calls and photos and visas in our passports - but there is nothign "financially" enjoining us. So if we start this "financial" commitment side of things (i.e life insurance or something) - then will we have to wait a year to have that established before applying for Conjugal Partner? In which case, i'll no longer be able to apply for an IEC visa.

In my mind, and correct me if i'm missing something, it'd be easier if we start doing the enjoining our lives together bit now and apply for the IEC and then do it there... I mean implied status should cover me anyway, right?

PS - Do you have a thread on your conjugal partner visa application? I'd love to read it?

 

[Kuz]

If you are not from a country that can extend the Experience Canada Visa for another year (I think only UK and Australia citizens can) you don't get a work permit under implied status. You have are allowed to stay as a visitor, but can't work. Maybe I'm wrong though.

24. Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.
A temporary resident with implied

since you can't apply for renewal of your Experience Canada Visa, you can't have implied status with the same conditions. The Experience Canada Visa is a one time thing that doesn't make you a resident, it's meant for getting to know Canada and leave again.
Not 100% sure though.

Not sure this is true... haven't read anything to suggest otherwise. Can you point me to anywhere where it says this? Because I CAN apply to have my temporary residence extended, even if i do turn 31, for example if i get an employer to sponsor me, or if my status chagnes (i.e. i become Common Law).

 

[Kuz]

Sorry Allison, i just read you say that I can apply for outland where i am, even from Canada. That's good to know, i guess i'll be dong that then when i get to Canadada

 

[Elizabeth Joe]

its just my interpretation
But becoming common-law is no status change for your visa. It's possible as common law partners to apply for PR. If you can get an employer to sponsor you, while your are on a work visa, you can do that. My point is that being on a Experience Canada Visa doesn't make you a temporary resident. I will try to find out more information though. Which country are you applying from?

Edit:
I'm wrong, you are a temporary resident if you have a Expereince Canada Visa. But I still think you can't work between this and a PR Visa.

 

[scylla]

We haven't maintained an exclusive relationship in that time, but I went to visit her in Nov-Dec for a month and we've been pretty exclusive since then.

Have you only been in an exclusive relationship since November or December of 2011??? (You mention "pretty exclusive since then" so I'm not sure how to interpret that.) If so, that's extremely different than a 10 year exclusive relationship where you can provide 10 years worth of proof that you've had a "marriage like" relationship during all of that time. If you're only going to start creating evidence for the marriage-like relationship now (i.e. the wills, joint bank accounts, shared properties, etc.), I think conjugal is going to be a very risky way to go. Having said that, Allison is in a far better position to comment than I am.

 

[Kuz]

its just my interpretation
But becoming common-law is no status change for your visa. It's possible as common law partners to apply for PR. If you can get an employer to sponsor you, while your are on a work visa, you can do that. My point is that being on a Experience Canada Visa doesn't make you a temporary resident. I will try to find out more information though. Which country are you applying from?

Sorry so a "temporary worker" is not the same as "temporary resident"? So temporary worker can't have their visa extened and maintain Implied Status as a "temporary worker"?

I'm from the UK

 

[Elizabeth Joe]

No I edited my post, you are a temporary resident being on a WHV, but if you can't get another one you can't have the same conditions under implied status.

 

[Kuz]

Have you only been in an exclusive relationship since November or December of 2011??? (You mention "pretty exclusive since then" so I'm not sure how to interpret that.) If so, that's extremely different than a 10 year exclusive relationship where you can provide 10 years worth of proof that you've had a "marriage like" relationship during all of that time. If you're only going to start creating evidence for the marriage-like relationship now (i.e. the wills, joint bank accounts, shared properties, etc.), I think conjugal is going to be a very risky way to go. Having said that, Allison is in a far better position to comment than I am.

If you want to know the intimate details of our story, she was in living in London, we met, we date, we tried to maintain a long distance relationship, but that didn't work. We stayed in touch and met up intermittently over the next decade, nearly always reigniting romantic passions... if you know what i mean *ahem*. Last year i got diagnosed with cancer and out of friendship she spent two weeks with me as i was undergoing chemotherapy (i'm all cured and fine now btw). But those two weeks we became closer and i wanted to see her again, and as soon as i could i spent a month with her and we decided we were right for each other.

So yes, Nov-Dec is when we decided to go EXCLUSIVE and figure out a way of me moving over there to be with her.

We certainly can't provide proof that we've been in a "marriage like" relationship for 10 years, cos we haven't. But from the guidelines i read:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Section 5.47 pg32

"A married couple makes
their commitment publicly at a specific point in time via their marriage vows and ceremony, and
the marriage certificate and registration are records of that commitment. In a common-law or
conjugal partner relationship, there is not necessarily a single point in time at which a commitment
is made, and there is no one legal document attesting to the commitment. Instead, there must be
the passage of time together, the building of intimacy and emotional ties and the accumulation of
other types of evidence, such as naming one another as beneficiaries of insurance policies or
estates, joint ownership of possessions, joint decision-making with consequences for one partner
affecting the other, and financial support of one another (joint expenses or the sharing of income,
etc.). When taken together, these facts indicate that the couple has come to a similar point as that
of a married couple – there is significant commitment and mutual interdependence in a
monogamous relationship of some permanence."

And the first point in the table, again in 5.47 pg33:

Length of time relationship has existed

Because a conjugal relationship means interdependency, mutual
commitment and exclusivity, such a relationship is not established
immediately when two people meet or when they start to date or even
necessarily when they begin a sexual relationship. A conjugal
relationship builds over a period of time. Officers must assess the facts
of each case individually; however, in general terms, most conjugal
partners will likely have known one another for more than one year.

Actually. I already posted this. Our ten years is demonstrating that our relationship have DEVELOPED over a LONG period of time stretching much further than the ONE YEAR mark where our Conjugal Relationship becomes OFFICIAL.

That's my thinking anyway - they don't just want evidence of one year - they want evidence going waaaaaaaay back.

Over that time we have visited each other on a very regular basis, with growing intensity as we got more deeply involved, and the past year there's phone calls a few times a week as well as almost daily emails.

The only thing we don't have is financial interdependence, which i think we should start building now to make my case stronger.

 

[Elizabeth Joe]

I think conjugal could be difficult for you. If you look at it from a different point of view. You could be just friends and you want to get into Canada. You know each other for ten years, but don't live together (one month is nothing for Immigration). You don't want to get married, you are not financially dependent on each other. Conjugal partners should still have a very committed relationship for at least one year.

 

[Kuz]

No I edited my post, you are a temporary resident being on a WHV, but if you can't get another one you can't have the same conditions under implied status.

No, but i could if i applied for permanent residency as a conjugal partner? Or as a common law partner?

That would still qualify as "Extending your stay" by "changin your status".

Look, the Extending your status website even has the application for applying for Common Law residency:

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Actually i think i read on some lawyers website that this was possible - that i could choose to extend my stay right up to the LAST DAY that my visa runs out, as long as the visa is received the day before it expires (any time within 30 days). And changin to permanent residency would mean you can carry on workign. I think.

You got me worried now. I'll have to look into this further

x

 

[Quince777]

I'll help you with one question. Don't submit the PR application until you are actually common law (i.e. until you have actually lived together for at least one full year). Post-dating the application won't work. You need to qualify before you apply.

That's a good one, scylla!