Common Law Partner

[Noelly]

Hi,

Can anyone help my on some clarification. I currently have a skilled worker application in process (or i think it is). If i were to gain a skilled worker visa, am i able to bring my girlfriend with me to canada? Or would she need to apply herself? We have lived together for just over a year, does this make her my common law partner??

Any help would be appreciated.

 

[Leon]

You need to apply to add her to your application. As soon as you had lived with her for 12 months, you became common law partners under Canadian law.

 

[chelly]

Hi,

I am working here at Canada for 5mos already with a work permit. I have a boyfriend in the Philippines for 6 yrs. What would be the easiest way for him to come here at Canada? If he applies for a visit visa, and I declare him as my common law partner once he arrive here at Canada, is it possible that he would be granted with an open work permit?

thank you very much...

 

[cathy2381]

to chelly...

For as long your job fall under the skilled category and you been together (live in) for atleast a year then he could come here as your dependent(commonlaw partner). He would geet openvisa same expiration as yours.

 

[chelly]

But i don't think common law is being recognized in the Phil...We are living together but we don;t have any property that is named after us, or even bills that we pay because when I was still in the Phil, we were living with his parents. the only thing that we have is a joint account which we opened more than a yr ago...

 

[NewYorker]

You can use that as a proof of Common Law, you are proving this to the Canadian Immigration not Philipines Government so it doesn't matter if they recognize common law or not. As long as two people live together more than one year and they can prove, they can become common law partner under Canadian Laws. If this question is asked about the country where people don't usually live together or not allowed to live together (because of their religion or country's laws), then probably its hard to prove.

 

[PMM]

Hi

quote author=NewYorker link=topic=20769.msg106285#msg106285 date=1246248408]
You can use that as a proof of Common Law, you are proving this to the Canadian Immigration not Philipines Government so it doesn't matter if they recognize common law or not. As long as two people live together more than one year and they can prove, they can become common law partner under Canadian Laws. If this question is asked about the country where people don't usually live together or not allowed to live together (because of their religion or country's laws), then probably its hard to prove.
[/quote]

Going to be difficult to prove as they now have been separated for 5 months, and it would interesting as to what the poster claimed on the TWP application as to martial status. If s/he claimed common/law fine, if not s/he will have a problem in the future.

PMM

 

[chelly]

I didn't declare him as my common law partner when i arrived here..what if he'll go here using a visit visa and once he arrived, i'll declare him as my common law partner, is it possible that he will get an open work permit?

thank you very much

 

[aanbaan]

hey PMM,

i remember rading on a post long back that they give consideration to partners separated because of genuine reasons like working in different countries or far away location, etc and in principal, when they get together, they stay together.

a lot though would depend on how much the case assessing officer is convinced.

 

[Leon]

I didn't declare him as my common law partner when i arrived here..what if he'll go here using a visit visa and once he arrived, i'll declare him as my common law partner, is it possible that he will get an open work permit?

thank you very much

So what would he say while applying for his visit visa? That he is just going as a tourist? It's better to be upfront and you declare him as a common law right away when applying for his visit visa. Immigration really doesn't like people who try to go behind their backs. If they say that you did not declare him as common law when you entered Canada or that you have now been separated so long that you are no longer considered common law, then you have the option of marrying him.

There is still no guarantee that he would get a visit visa or a spouse work permit. He has to prove that he will return home when his visa expires just like you. If they are not convinced he will go back, he will not get a visa.