Common-law Sponsorship for a Danish Citizen

[cjanssen]

My girlfriend (from Denmark) received a one year open work permit through International Experience Canada (IEC) on August 4th 2014 and moved here September 4th 2014. She will have worked here full-time for 10 months when the IEC program wraps up. This is unfortunately two months shy of her being able to apply for any CEC programs. The CIC site states that IEC program is only allowed for one year for citizens of Denmark, and I am desperately trying to figure out the next steps to take.

I believe our only option now is to apply under a family-class (common-law) sponsorship after Sept. 4th when we have lived together for one year. I have detailed our next steps below and am open to any suggestions to make this an easier process for us.

Step 1: Apply to extend her stay in Canada as a visitor in order to reach one year of living together.
Step 2: Apply for family class sponsorship (common-law)
Step 3: After initial approval (6-8 months?) she receives health coverage, an open work permit, and can apply for permanent residency
Step 4: Apply for permanent residency

-Is there anyway to extend the IEC program in order to apply for CEC down the road?
-Is there anyway she can legally work here in Canada before initial approval of family class sponsorship, other then a LMIA?
-Is there a faster way to get an open-work permit?

Thanks!

 

[scylla]

Overall what you've written makes sense. To answer your questions:

- There is no way to extend the IEC.
- She would need an LMIA.
- Get married and sponsor her for PR sooner

 

[scylla]

Sorry - just to correct some of your timelines.

First stage approval for inland applications is currently 16 months (not 6-8). However she'll get an open work permit at the four month mark due to the OWP pilot.

I'm not sure what you mean by "can apply for permanent residency" once you have first stage approval. Both parts of the application have to be submitted together at the start. If you fail to submit both parts of the application together (i.e. sponsor and applicant) - the application will be returned to you as incomplete.

 

[cjanssen]

I have read she may be able to apply outland while still living in Canada. If this is true, would this expedite the process in any way and would this also include an OWP? Additionally will she still be able to travel home during that 16 month waiting period?

 

[scylla]

Yes - she can apply outland while in Canada and yes - the process will be faster. No - she won't be entitled to an OWP if she applies outland (OWPs are only granted with the inland process).

If she decides to go inland, she should ideally remain in Canada for the entire processing period of the application. If she leaves there's always some chance she might not be allowed back in. And if she's not allowed back in this effectively abandons / cancels her application and she'll have to apply again from scratch.

If she wants to be able to travel - she should apply outland. But again, no OWP with outland.

 

[cjanssen]

Also, she plans to travel home for the month of July. Would she have to apply to extend her stay as a visitor still, or does this reset for another 6 months?

 

[canadianwoman]

She does not need a visa to enter Canada, so when she comes back from her visit, she can just enter Canada as any other citizen of Denmark could. She has to be clear that she is just visiting. She should bring proof of ties to Denmark if she has any. The border agent will probably not ask for them, but it is best to be prepared. She should also have a return ticket with a specific date - you can always change it later.

But if you want to apply to sponsor her as your common-law partner, she should not leave for a month. A month is too long - CIC would probably consider that to break the 12 months of cohabitation you need to apply common law. Unless you go with her - in which case keep lots of proof you are staying with her during this time.