Common law partner help

[Tvgt]

Just looking for some advice really.
I am from the uk and my girlfriend of just over a year is canadian. I am currently applying for jobs and hoping to get to a work permit but if that fails I will be going to Canada in February as a tourist and live together for a year so she can sponsor me for as common law. I will continue job hunting and hope that I can still find an employer to sponsor me. But I still have some questions.

Work permit:
1) if I find an employer to sponsor me while in Canada as a tourist, do I need to fly back to the uk to apply for a work permit or can I just cross the border into the US and then apply when I cross back to Canada?

Common law:
1) I can go to Canada for a maximum 6 months as a tourist, I plan on coming back to the uk for a month at this time as I have a very close family members wedding to attend and then going back for an another 6 months. She will come back too but only for a few weeks as she will be working at this point. So there will be a two week period we are apart, is this ok?
2) once the year is up she will sponsor me but do I need to apply in the uk or can I do it inland?
3) if I can do it inland, how do I stay in Canada for the period of the application process as it can take a while.

TD have already said she can sponsor me for a bank account and so we will be able to show funds and have a joint bank account for utilities, food etc.

Thanks for the help!!

 

[Rob_TO]

Work permit:
1) if I find an employer to sponsor me while in Canada as a tourist, do I need to fly back to the uk to apply for a work permit or can I just cross the border into the US and then apply when I cross back to Canada?

If you can find an employer willing to go through the LMO process for you, and it's successful, then i believe you can just get your visa by going to the nearest USA land border, going into the USA and then coming back (called flagpoling).

1) I can go to Canada for a maximum 6 months as a tourist, I plan on coming back to the uk for a month at this time as I have a very close family members wedding to attend and then going back for an another 6 months. She will come back too but only for a few weeks as she will be working at this point. So there will be a two week period we are apart, is this ok?

It's hard to say, as the decision rests with the visa officer reviewing your file. To establish common-law you are supposed to cohabit together for 12 continuous months. Breaks are allowed, but they must be "temporary and short" according to CIC. There is no specific time given that is allowed, but in general i think 2 weeks should be ok. Time you and your girlfriend spend in the UK together is also considered living together, so make sure you keep all proofs (hotel receipts, testimonial letters from family you stay with there, etc).

2) once the year is up she will sponsor me but do I need to apply in the uk or can I do it inland?

You can do either.

3) if I can do it inland, how do I stay in Canada for the period of the application process as it can take a while.

When you submit an inland application with an Open Work permit application, then you are automatically under implied status, and can legally stay in Canada during the entire inland processing time. You get work permit in around 11 months time, and then full PR status in another 10+ months. So total time for inland is just under 2 years, and during this time you are not supposed to leave Canada for any reason at all.

So for this reason most people apply outland, even if they live in Canada. If you apply outland your application would be processed in the London visa officer. The total time should be well less than a year, and you would need to maintain visitor (or work or study) status on your own if you wanted to stay in Canada during processing.

 

[Tvgt]

Thanks, it good to know. I had a small idea about how it all goes but just wanted a definite answer about it. Cheers!!