Common-law partner sponsorship

[reservoirdog]

Hi all,
I've been around this forum for a while, but I haven't seen any cases like mine so...
I'm italian and my girlfriend is canadian. My LMO for an IT position has just been denied, so we were trying to sort out a plan B.

I'm currently working from an italian company, from home.
This is what I was thinking about: could I go to Canada for 6 months as a visitor, then come back to Italy for 3-4 weeks, and then fly back to Canada for another 6 months? By doing this, we would have lived together for the minimum of 12 months. Would we result as common-law partners? I could obviously do all the necessary things to prove our genuine relationship at the end of the 12 months (joined bank account, etc..). At this point, if I'm not wrong, she could sponsor me as common-law partner for a PR.
And during the 12 months I could keep working for my current italian company from Canada.

So my question is: is this legally possible?

- Rob

 

[pinklady]

I am not sure about the legality of working for the italian company from Canada. I'd think that since you are not technically working for a canadian company it would be fine.

Secondly, you can come to Canada as a visitor for 6 months, but then instead of returning to Italy for 3-4 months (which is an option) you could apply (after 5 months) to extend your stay as a visitor. This costs $75 and you can apply in writing or online. Until you get a response from them, you are on implied status. You can ask for another 6 months, or even 12 months. Current processing times for this are found here...

http://www.cic.gc.ca/english/information/times/temp.asp

This way, you would reach the 12 months of common law faster.

 

[reservoirdog]

Thank you very much.
I feel dumb to ask, but what does "implied status" mean? Could I stay in Canada waiting for a response, even after the 6 months?

Also - in the table you linked - I couldn't find the processing times to get a PR (once we are able to prove to be common-law partners). Do you know where I could find those?

Thanks again

- Rob

 

[pinklady]

Implied status means even though the 6 months visitor status has elapsed, you can remain (legally) until you get a response.

http://www.cic.gc.ca/english/information/times/perm-fc.asp

Shows times for spousal PR application.

Add the stage one and stage 2 times together... so currently 70 days for stage one plus 12 months for stage 2 in the Rome office (although usually stage 2 takes much less time than the website states, for eg, the London office says 8 months, but most are completed in 3 months)

Or you could go down the inland route, although I wouldnt recommend it since you're from a visa exempt country. With inland, you cannot leave canada during the processing and you lose the right to appeal.

 

[reservoirdog]

Ok I get it... thanks for all the details!
Do I need to be in Italy during the second stage (are there possible interviews or stuff like that)? Or can I just apply from Canada sending the application to Rome?

And (since I also have British Citizenship), does it make any difference that I'm willing to apply with my British Citizenship, even if my country of residence is Italy? I don't understand if I need to go through the Rome Embassy, or the one in London.

Thank you for helping me out!

- Rob

 

[pinklady]

Oh if you have British Citizenship then you can apply through the London office aswell.

Yes, you can be in Canada during the whole process. Outland just means the visa office processing the file, not your physical location. Once they ask for your passport (PPR) you can even mail that from Canada and they will send it back to you in Canada aswell.

As you mentioned, if an interview is required then yes, you would have to travel to London or Rome for it. I don't know about the Rome office, but from what I've seen, most applications are completed in London without an interview being required.

 

[reservoirdog]

That's good to hear
Can I ask one last question? Will I be on implied status when waiting in Canada for a response about my PR from the Canadian Embassy?
Sorry about sooo many questions, I just want to make sure all this could actually work!

 

[pinklady]

No, when doing an outland PR application while actually inside Canada, you need to maintain legal status and having an outland PR app doesnt give you implied status.

If after 6 months as a visitor you applied to extend your stay and were granted an extra 12 months, that would likely be enough time to complete the requirements for common law, apply for the PR and receive the visa (especially if you go through the London office)

 

[reservoirdog]

Ok!
Well, thank you sooo much for everything! You were really helpful!

 

[pinklady]

You're welcome!

Join the London thread....
http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.3165.html
If you have future questions

 

[reservoirdog]

Sorry to bother again, but do you also know if it's possible to apply for an LMO from within Canada, when I'm there as a visitor?

Suppose I find a job that gets an approved LMO while I'm there as a visitor, can I send my application to London from Canada to get a TWP, while waiting 12 months to prove a common-law partnership?

However, I wouldn't result on implied status, right?

 

[pinklady]

If you can find an employer willing to hire you, and you get a positive LMO, then you will be able to work. This time living with your partner will definitely count towardsthe 12 months you need to qualify as common law.
I am not sure what you're asking about implied status. You would not be on implied while waiting for the work permit to come through.
I am nto sure you'd be eligible to apply from within canada either.
http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside
"you have a temporary resident permit that is valid for six months or more"

I am not sure, but I don't think this is the same as being here as a visitor for 6 months.... or perhaps being from a visa exempt country it is the same thing...

Maybe someone else could comment?

 

[reservoirdog]

I am not sure what you're asking about implied status. You would not be on implied while waiting for the work permit to come through.

Yes, that's what I meant, thanks.

As far as I know, I think I could mail an LMO application to my local embassy from Canada, as long as I don't exceed the 6 months as visitor. Then, I might need to go back for an interview, or if my visitor time is expiring.

Can anyone confirm this?

 

[pinklady]

If your visitor time is expiring you can apply to extend your stay online or by mail without leaving canada.

If you got called for a PR interview, you would have to leave Canada yes.

The LMO bit, I am not too sure on. Don't even know if you can apply in Canada or whether you would have to send to London/Rome.

 

[reservoirdog]

They might also call for an interview for a TWP by the way.

And about applying in Rome or London, I was asking these information to the Rome Embassy a while ago, and they said I should apply with them, since they are in my country of residence.

Lastly, about the "Eligibility to apply from inside Canada" for a TWP, doesn't that refer to the Visa Office you go through? I thought it was just like an inland and outland application: you can stay as a visitor in canada while doing an outland application, right?

I'm pretty confused about this!