Common Law partner issue

[youknowluke]

Hi there I'm new to the forum.

I am soon to be applying for express entry & or a work permit after receiving a job offer from a Canadian company.

My girlfriend here in the UK wants to emigrate with me however we haven't been living at the same address together. Now I'm emigrating as skill class B on a skilled workers visa. The company may have to have an LMIA so it might be a couple of months yet until the move.

I've read various forums and I'm confused as hell. The plan I had was for her to come with me to Canada, she on a visitors visa me on my works visa I would support her in Canada, she could seek out work (which I know is perfectly legal, she can seek work just not accept or partake in it) when she finds a suitable employer get sponsored and get a visa. If she didn't find work in 6months ask for an extension or go home then come back after some time has passed or live with me in Canada for 6 months (visitor visa max) then apply for an open works visa as a common law partner if thats possible then or is it possible before?

My question is/are : is there an easier more logical method? e.g. could she apply as my partner for an open work permit?

Also another question is when am I classed as a permanent resident is that when I'm in Canada working on a visa or is that a separate application I have to do after being in Canada for so long, and then do I apply for citizenship?

I'm also quite worried as I would need to know the best thing to also advise border staff when arriving otherwise she could be refused entry and she would be on basically what is branded as a "tourist/visitors visa" or ETA.

So what would be the best to advise to them there?

Thanks in advance for helping me as I've read so much and its confusing me.

 

[Rob_TO]

My question is/are : is there an easier more logical method? e.g. could she apply as my partner for an open work permit?[/b]

No. She doesn't have any legal status with you until you've lived together for 12 continuous months to become common-law, or you get married.

Also another question is when am I classed as a permanent resident is that when I'm in Canada working on a visa or is that a separate application I have to do after being in Canada for so long, and then do I apply for citizenship?

You will only be a PR when your Express entry application is approved.
Being here on a work visa is not the same as being a PR. PR is it's own separate application based on if you qualify or not.

You can't apply for citizenship until minimum 4 years after becoming a PR.

I'm also quite worried as I would need to know the best thing to also advise border staff when arriving otherwise she could be refused entry and she would be on basically what is branded as a "tourist/visitors visa" or ETA.

Technically as you said, it's not illegal to look for work in Canada as a visitor and then go through LMIA process to get a visa. However if CBSA sees you have a bunch of resumes in your luggage and you tell them you're looking for work, they may suspect you will try to work illegally. She should really just say she's coming to visit her boyfriend and leave it at that. Make sure she has a return ticket dated within 6 months. Once in Canada she can then apply to extend that status and after 12 months living together you'll be common-law.

 

[youknowluke]

No. She doesn't have any legal status with you until you've lived together for 12 continuous months to become common-law, or you get married.

You will only be a PR when your Express entry application is approved.
Being here on a work visa is not the same as being a PR. PR is it's own separate application based on if you qualify or not.

You can't apply for citizenship until minimum 4 years after becoming a PR.

Technically as you said, it's not illegal to look for work in Canada as a visitor and then go through LMIA process to get a visa. However if CBSA sees you have a bunch of resumes in your luggage and you tell them you're looking for work, they may suspect you will try to work illegally. She should really just say she's coming to visit her boyfriend and leave it at that. Make sure she has a return ticket dated within 6 months. Once in Canada she can then apply to extend that status and after 12 months living together you'll be common-law.

Sounds good thanks so much for your help.

So do they extend the visitor visa on 6 monthly increments ? and would she be able to extend again after 12months by putting in an application as common law for an open work permit, assuming I've become a PR? Also is there any time limit after it expires or could they just fly out a couple of weeks later? I suppose its not harming the Canadian economy if they can support themselves or I can its actually helping it? I'm just a little concerned that my girlfriend would find it really hard to get employment as she's an attendance officer from a school with admin experience not necessarily a skilled worker so I think she would struggle to get a LMIA or am I wrong in Toronto being such a big city?

As I understand it I can apply for express entry as soon as I am eligible, then from that point on I can update my profile saying I'm in Canada and it will bump my application up on the points increasing my chances of PR within the year. I'm just trying to increase my chances as much as possible I've done IELTS, I've paid for a ECA which I'm waiting for the results back for so once I've got them my plan was to put my express entry profile up and then update it as things change like being in Canada on my TFW visa.

Its just very daunting the fact that I may be in Canada and my visa will only permit me to work for one company. As I will be committing to leases on apartments etc and have no financial stability. So if I'm out of the job I actually won't be able to get another job which seems like a really backward way of doing things. So I want to get PR as quickly as possible and my girlfriend in work as quickly as possible so we have the most financial stability that we can have.

Thanks

 

[Rob_TO]

So do they extend the visitor visa on 6 monthly increments ?

For visa-exempt visitors, many people easily get 6 or even a 12 month increment.

and would she be able to extend again after 12months by putting in an application as common law for an open work permit, assuming I've become a PR? Also is there any time limit after it expires or could they just fly out a couple of weeks later?

I'm really not sure how long Express Entry PR apps take, you should research more on this in the Express Entry section of this forum. Not sure if your plan to have PR app all approved within 1 year of being here, is realistic (but really i"m not sure).

She should never let her visitor status expire. You should always either exit and re-enter Canada before it expires, or apply for an extension within Canada several weeks before the expiry date. If you've applied for an extension and are waiting for the answer, you're on "implied status" until the extension is approved or denied.

I suppose its not harming the Canadian economy if they can support themselves or I can its actually helping it? I'm just a little concerned that my girlfriend would find it really hard to get employment as she's an attendance officer from a school with admin experience not necessarily a skilled worker so I think she would struggle to get a LMIA or am I wrong in Toronto being such a big city?

Being skilled enough at something for an employer to go through the LMIA process is just 1 hurdle. The main block to getting an LMIA approved, is the employer must pay a fee and advertise the job for several months and prove there was no Canadian suitable for the role. Only then is the LMIA approved. So without having some particular skill, the LMIA route may be incredibly difficult.

Note also that while doing the 12 months qualifying to become common-law, the cohabitation must be continuous. So for example she could take a vacation back to the UK for a couple weeks, but being separated beyond that time runs the risk of stopping the "continuous" part of it, and being denied as common-law. And make sure you start collecting ample proofs you are living together, from day 1.

Also note if you submit your own PR app, as soon as you reach 12 months and become common-law if your app is still processing you MUST then add your partner to your own app. In this case, you would both get PRs together when eventually approved.

 

[canuck_in_uk]

And would she be able to extend again after 12months by putting in an application as common law for an open work permit, assuming I've become a PR?

Some great advice from Rob. To clarify this one point, if you become a PR before becoming common-law, she will not qualify for an OWP just by being your partner. That option is only available to spouses of workers and students. You would need to sponsor her for PR.

 

[youknowluke]

For visa-exempt visitors, many people easily get 6 or even a 12 month increment.

I'm really not sure how long Express Entry PR apps take, you should research more on this in the Express Entry section of this forum. Not sure if your plan to have PR app all approved within 1 year of being here, is realistic (but really i"m not sure).

She should never let her visitor status expire. You should always either exit and re-enter Canada before it expires, or apply for an extension within Canada several weeks before the expiry date. If you've applied for an extension and are waiting for the answer, you're on "implied status" until the extension is approved or denied.

Being skilled enough at something for an employer to go through the LMIA process is just 1 hurdle. The main block to getting an LMIA approved, is the employer must pay a fee and advertise the job for several months and prove there was no Canadian suitable for the role. Only then is the LMIA approved. So without having some particular skill, the LMIA route may be incredibly difficult.

Note also that while doing the 12 months qualifying to become common-law, the cohabitation must be continuous. So for example she could take a vacation back to the UK for a couple weeks, but being separated beyond that time runs the risk of stopping the "continuous" part of it, and being denied as common-law. And make sure you start collecting ample proofs you are living together, from day 1.

Also note if you submit your own PR app, as soon as you reach 12 months and become common-law if your app is still processing you MUST then add your partner to your own app. In this case, you would both get PRs together when eventually approved.

I am certified to work on print production machines, its a highly skilled job in a specialist industry so to the point that even employers here in the UK struggle to recruit staff. Its even worse in Canada as now it costs so much for them to fly people out to train them up. The company who is willing is struggling to recruit also hence why they need me, they've posted the jobs for over a month and had no response from anyone with relevant skills, there also in contact with Ontario work and labour office about what they need to do with regards to the LMIA and are doing it. The job doesn't start until June so hopefully they will have the LMIA and I will have applied for a work permit by then. I've heard various stories about LMIAs but if there is no lie in there is a genuine skill shortage I wouldn't think they would be a problem they just need the evidence to prove it which they are gathering.

Thanks for all your advice its been very helpful.

 

[Rob_TO]

I am certified to work on print production machines, its a highly skilled job in a specialist industry so to the point that even employers here in the UK struggle to recruit staff. Its even worse in Canada as now it costs so much for them to fly people out to train them up. The company who is willing is struggling to recruit also hence why they need me, they've posted the jobs for over a month and had no response from anyone with relevant skills, there also in contact with Ontario work and labour office about what they need to do with regards to the LMIA and are doing it. The job doesn't start until June so hopefully they will have the LMIA and I will have applied for a work permit by then. I've heard various stories about LMIAs but if there is no lie in there is a genuine skill shortage I wouldn't think they would be a problem they just need the evidence to prove it which they are gathering.

Thanks for all your advice its been very helpful.

Actually I was referring to your girlfriend being able to get a closed work permit via an LMIA, since you mentioned she doesn't have any specific skills.

Another option she could consider is the working holiday/IEC visa available to UK citizens, which give you an OWP for 1 year in Canada. I don't know much about the details, just that they tend to fill up the spots quickly so it can be hard to get before the program closes.

 

[youknowluke]

Actually I was referring to your girlfriend being able to get a closed work permit via an LMIA, since you mentioned she doesn't have any specific skills.

Another option she could consider is the working holiday/IEC visa available to UK citizens, which give you an OWP for 1 year in Canada. I don't know much about the details, just that they tend to fill up the spots quickly so it can be hard to get before the program closes.

Hi thanks for your help.

We both have actually applied for IEC as it seems like the easiest way to get an OWP saves the LMIA and I can apply for Federal skilled worker program via express entry in the meantime then get my employer to file an LMIA if I need to extend a work permit. She got accepted within 3 days I swear she's so lucky. I however haven't been. I can't actually believe she is applying for a work permit after a successful invite, and after all the fighting I've done I've got nothing :'( We can only but hope. At least there is 3 possible avenues I can pursue in the meantime as I'm in the IEC pool, I can still apply for express entry at the same time likewise a work permit through the LMIA process.

Its bizarre that Canada have made things so complicated for skilled workers as there is no real application for a skilled worker permit you can only get a work permit or express entry which is abit of a lottery to timescales etc and whether you get an invite to get permanent residency.