Common law sponsorship and working?

[DukesArcher]

I've been doing some research and it seems that common law sponsorship applications can take up to 2 years until completion. Is there a temporary work permit that could enable me to work during this time while waiting for the application to be finalised? The whole process is so difficult and long. I'm so worried I will have to leave my partner and our apartment and go back to England. Her dad has offered me work, but wouldn't be able to get the LMO as it is a very basic job. It's so frustrating. I'm fairly worried right now.

 

[DukesArcher]

Just to add I'm going for the IEC in December, but I'm not banking on it as it's like a lottery due to so many applications. It's a first come and first served type of deal.

 

[little_apple]

If you would apply outland through London your application would take approx. 8-11 months to be completed. If you don't get the IEC visa you are not eligible to work legally before your PR has been approved. You could only stay here as a tourist. During this outland process you would be allowed to leave and re-enter Canada.

If you would apply inland you would get an open work permit after stage 1 (around 11-12 months). Stage 1 of an inland application takes usually longer than both stages of an outland application. During this process you would NOT be allowed to leave and re-enter Canada. You would have to stay in Canada for 1.5-2 years. Coming from the UK I would never apply inland.

How long have you been living together? For a common-law application you must have lived together for at least 12 continuous months and you need a lot of proof (joint lease, bills, taxes etc.). If you can't prove your common-law relationship than you have only one option: to get married

 

[DukesArcher]

Wow that sounds crazy! I'll probably wait and see if we get married or something. Could not imagine being trapped in Canada for 2 years. Only proof we have of living together is our joint lease on our flat. If I went back to the uk and applied for Outland, would she have to come with me? She cannot enter the uk for 6 months starting in March due to her visa.

 

[rhcohen2014]

Wow that sounds crazy! I'll probably wait and see if we get married or something. Could not imagine being trapped in Canada for 2 years. Only proof we have of living together is our joint lease on our flat. If I went back to the uk and applied for Outland, would she have to come with me? She cannot enter the uk for 6 months starting in March due to her visa.

techincally, i *think* CIC only requires proof of 365 days of cohabitation, and as long as you have that, you are free to live separately during the application process (Assuming the sponsor is a canadian citizen, not a PR). I'm pretty sure many couples do this. Other proof of commonlaw would be for the sponsor to change their CRA status to commonlaw, and add each other to any employer sponsored insurance policies.

 

[DukesArcher]

Hello.

She is a Canadian citizen born and bred. We have been living together since April in the UK, but could not prove that. It is a real pain as I'd have to leave her to apply to be with her? I'd have to leave everything behind in order to go back to the UK and wait for a year to go back. A daunting prospect.

 

[rhcohen2014]

then get married. it lets you apply sooner, and it requires less "proof".

 

[brucem]

Hey,

Just curious as sounds similar to the situation we were in a few years back. I take it you are in Canada now, is it just as a visitor or do you have a working visa thats going to expire?

 

[Rob_TO]

Hello.

She is a Canadian citizen born and bred. We have been living together since April in the UK, but could not prove that. It is a real pain as I'd have to leave her to apply to be with her? I'd have to leave everything behind in order to go back to the UK and wait for a year to go back. A daunting prospect.

You don't need to leave Canada to apply outland. You would just need to maintain your status in Canada (i.e. with visitor status, student permit or work permit) if you want to stay in Canada while your app is processed in London.

However you DO need to prove 12 months of cohabitation. If you can't prove it, then it will be extremely difficult to get approved for PR based on common-law. You would need to either:
- see if you can dig up proofs to show you already did 12 months living together
- re-qualify for common-law by doing a new 12 months cohabitation and make sure to collect proofs
- get married

 

[DukesArcher]

Hey,

Just curious as sounds similar to the situation we were in a few years back. I take it you are in Canada now, is it just as a visitor or do you have a working visa thats going to expire?

I'm here as a visitor right now and hoping to get a holiday visa in December, but I'm not banking on it as it's very luck of the draw.

 

[DukesArcher]

You don't need to leave Canada to apply outland. You would just need to maintain your status in Canada (i.e. with visitor status, student permit or work permit) if you want to stay in Canada while your app is processed in London.

However you DO need to prove 12 months of cohabitation. If you can't prove it, then it will be extremely difficult to get approved for PR based on common-law. You would need to either:
- see if you can dig up proofs to show you already did 12 months living together
- re-qualify for common-law by doing a new 12 months cohabitation and make sure to collect proofs
- get married

I'd never marry someone just to gain access to Canada. Should the 12 months start as soon as I landed as we have been living at her dad's house. The only reason I got 6 months is because they went and spoke to her dad.

 

[Rob_TO]

I'd never marry someone just to gain access to Canada. Should the 12 months start as soon as I landed as we have been living at her dad's house. The only reason I got 6 months is because they went and spoke to her dad.

If you can't prove any cohabitation from the Uk then yes, the clock would basically start from when you arrived in Canada.

Make sure to collect as much proof as possible such as:
- get her dad to make you an official rental/lease contract (even if you aren't paying anything)
- get mail delivered to the address to establish residency there
- get a joint bank account and/or supplemental credit card with your partner that shows same address on 1 statement
- help pay for utilities at the home
- get life insurance on each other
etc etc

You will need to request an extension to your current visitor status when your time is almost up (so around the 5-month mark). Some people have gotten a 12 month extension. Once you guys reach the 12-month mark, then you can apply for PR.

Unfortunately there is no way to work during the whole process if just on visitor status.

 

[brucem]

Yeah its pretty tough but Rob has the best advice there, no easy way round it unfortunately. I think the average time from the spreadsheets for London outland applications is between 6-9 months which is a lot less than 2 years!

 

[DukesArcher]

If you can't prove any cohabitation from the Uk then yes, the clock would basically start from when you arrived in Canada.

Make sure to collect as much proof as possible such as:
- get her dad to make you an official rental/lease contract (even if you aren't paying anything)
- get mail delivered to the address to establish residency there
- get a joint bank account and/or supplemental credit card with your partner that shows same address on 1 statement
- help pay for utilities at the home
- get life insurance on each other
etc et

You will need to request an extension to your current visitor status when your time is almost up (so around the 5-month mark). Some people have gotten a 12 month extension. Once you guys reach the 12-month mark, then you can apply for PR.

Unfortunately there is no way to work during the whole process if just on visitor status.

Thanks once again, Rob. If I don't get the IEC I couldn't stay any longer as I wouldn't have the cash. My partner offered to support me but Id never accept it. Really having to bank on the the IEC programme. It's funny as I have had job offers, but it is all basic stuff so I'd never get the approved LMO for sweeping floors. Just play it by ear I guess.