Establishing common-law while on TRV for inland PR application

[TruePatriotLove]

Read through the sticky and a lot of posts, but still can't find the answer to this.

I'm a Canadian citizen and my girlfriend is a Chinese citizen. She has travelled to Canada on a TRV before to visit me, and now we are ready to take the next step which for us would be a common-law relationship then get her a PR in Canada.

Is it possible to establish a common-law relationship in Canada while she is on a TRV? Would it make sense that we live together on a TRV for one year (6 month visa then 6 month extension) then apply for an inland PR application for us to continue our relationship permanently in Canada? If we chose this route there is no way she can get a work permit until after one year plus the inland processing time (maybe another year looking at the recent processing times) which would be about 2 years is that correct?

I get that marriage would make this all easier, however I see that according to the Supreme Court decision we can't be forced to get married if we choose not to. We wouldn't qualify for a conjugal relationship because we haven't got that level of commitment yet. She wouldn't qualify for any of the alternate work class visas, she has no education and is an admin assistant in China.

 

[amikety]

You're right, you can't be forced to get married. However, a lot of people do because it's easier in many cases.

Living together while she's a visitor is fine. It may be a little risky if she's denied the TRV or the extension, but other than that, no problems.

I would have a backup plan just in case.

Chances are you wouldn't qualify for a Conjugal sponsorship. It's strictly for people that have barriers that are usually legal in orientation. (Example - in the Phillipines, divorce is illegal, so they are unable to divorce and re-marry. Living together is also illegal and enforced strictly in some areas, making common-law risky.) Things like not wanting to leave a job, wanting to wait to get married in Canada, etc aren't a barrier in CIC's eyes. Conjugal also has the highest rejection rate. It's much better to get married or wait to qualify as common-law.

 

[canuck_in_uk]

Hey

Establishing common-law while she's here on a TRV is perfectly fine. CIC doesn't really care where it happens, so long as you have the proof that you did live together for the year. However, you need to be aware that it is never a guarantee that she will be approved for the extension.

If you submit a open work permit with the PR app, she will be allowed to work after you receive sponsor approval, which is taking about 6 months right now. So roughly 1.5 years that she won't be able to work.

You guys would never qualify for conjugal, no matter how committed you are, because there are no barriers preventing you from getting married. You can get a visa to China, she can get a visa to Canada or you both can go to a third country to marry.

You're right when you say they can't force you to marry but they still treat you differently than a married couple, hence why there is both Spousal and Common-law categories. If you were married, you could apply right away because there is no requirement to live together for one year. She could land in Canada, you guys could get married a month later, send in your app and then when the TRV expires, she is on implied status. This cuts out the risk of her not getting the second TRV and it also cuts the waiting time for her work permit.

 

[TruePatriotLove]

Thank-you both. I got my answer, trying to go the common-law route really bites!

I guess either route (married or common-law) starts with a TRV and living together in Canada, then you have 5 months to make a decision on which path works...

The only tricky part I can see now would be how to word the next TRV application truthfully and accurately. She has previously travelled on a TRV for a 2 week vacation, but how do you convince the CIC this time that she isn't a risk when she will be quitting her job and is travelling to Canada for 6 months and moving in with her boyfriend? Will they understand what we are trying to do?

 

[canuck_in_uk]

The TRV application is a major reason that a lot of people choose to go the marriage route. It can be a difficult visa to get because of the requirement to prove that the person will leave at the end of the visa. In your situation, that will be difficult to prove, especially with her being in a relationship with a Canadian and not having a job in China to go back to.

If you head over to this page http://www.canadavisa.com/canada-immigration-discussion-board/visitors-b8.0/, there will be people who have more experience with TRVs.

If she is refused for a TRV, can you live in China for a year? You could then go the common-law route. If not.......marriage would be the only possibility that I can see

 

[TruePatriotLove]

Ok, thank-you. Due to my employer working in China for a year isn't an option for me... (circumstances I'd rather not explain here)

Just one follow up question, I understand that if you submit an open work permit application for an inland PR application, the work permit would be approved after the sponsors eligibility is approved, which is about 6 months for an inland application.

I see that sponsor eligibility processing time is only 30 days for outland applications from China. Does this mean that if we got married (somewhere) then submitted an open work permit application together with an outland application in China we would be good to go in only 30 days and she would be able to re-enter Canada with a work permit and "implied status" that you mention? Or is "implied status" a concept only for in-country persons?

 

[jenny12345]

Open work permits are only for inland applications . She won't be able to work till she lands and becomes a PR if you do outland. If you plan to be together and for her to work as soon as possible, I suggest you get married, even if it's just a civil wedding with 2 witnesses.

 

[canuck_in_uk]

As jenny12345 said above, work permits are only issued for inland applications.

Yes, implied status is only for people already in Canada on a valid visa when they submit their inland application.

These are the options for you that I can see:

• Common-law inland. She comes to Canada on a TRV, gets an extension after 6 months. After the 1 year, you guys apply for common-law inland, she's on implied status, can work 6 months later
• Common-law outland. She comes to Canada on a TRV, gets an extension after 6 months. After the 1 year, you guys apply for common-law outland (you can apply outland even if you are in Canada). No implied status, she will need to continue extending TRV and cannot work until entire process is done
• Spousal outland. You get married outside of Canada and apply for spousal outland. She still needs TRV to come to Canada but it is very difficult to get a TRV with a sponsorship application in process. Good chance that she will have to remain outside Canada until granted PR
• Spousal outland. She comes to Canada on a TRV, you get married, apply spousal outland. No implied status, she will need to continue extending TRV and cannot work until entire process is done
• Spousal inland. She comes to Canada on TRV, you get married, apply for spousal inland. She's on implied status and can work 6 months later

So best option seems to be the last; it's faster, less risky and you guys are together

 

[amikety]

If she gets a TRV, she can look for work while she's here visiting. It can be difficult to find a job that hires a foreigner, but she's definitely allowed to look. I wouldn't count on it happening though. (21 months and counting of job searching for me! And I broken down and tried everything including fast food!) I'm guessing she's Chinese, so she might have some better luck if she talks to some local Chinese businesses. Where I lived in Atlanta, we had a Chinese restaurant that brought over young Chinese students to attend university in the USA and work at the restaurant.

She could also study. If she's studying at a Canadian school, she will probably need a study permit. If she's taking course classes (6 months or less with a definite break in between) or online, she doesn't need a study permit. Many "Continuing Education" courses are a flat fee - no extra charge for international students.

Anyway, my point is, there's options. Work on the TRV first. Then decide from there.

 

[TruePatriotLove]

thank-you all very much for your thoughtful replies. Options are clear now....