Getting my partner to Canada - Questions - Please help!

[teg1302]

Hi everyone! I am very thankful to have found this forum and all the useful info.

Intent: Have my (French) partner join me in Canada.

Background: I met my partner in October while travelling. We fell in love and continued travelling until February when I returned to her home in Paris and lived with her for 4 months. She came with me to Canada to visit family for 3 weeks in the summer and visited again in September. I have staid in Canada and she is now back in Paris.

I have had the hardest time trying to find concrete answers on so many issues regarding Canada visas, options, etc. Please give any corrections or suggestions to the below issue:

Common-Law Status: 12 months uninterrupted cohabitation is required. We have been together, physically, for over 9 of the past 11 months. However, it seems we would need to start from day 0 of the 12 months since it must be contiguous. Is this correct?

We are trying to figure out how we can get the 12 months required for common-law status. If she came on a visitor visa and lived with me we could get the clock moving towards common-law status. However, it seems that you are forced to lie at the border when entering Canada and not state your intent to be with your partner? This is uncomforting given the risk of what denial of entry would mean to any future visa applications and the immediate problem of us being separated for longer.

Our goal is to submit an outland Common-law visa but at the moment we don't even know how we can meet common-law requirements.

Also, we are looking at her trying for an IEC visa, but i will start another post for that.

Thanks for any help provided!

 

[Blacky94]

I don't know about your age but try looking into a working holiday permit

 

[teg1302]

Hi, thanks, we have looked at and will definitely be applying for the working holiday visa (IEC, wasn't specific above). We are just worried about her chances of getting it, as there are a lot of applicants for the few spots available and as I saw someone recommend in another posting, with trying for a working holiday visa you NEED a plan B.

 

[Rob_TO]

However, it seems we would need to start from day 0 of the 12 months since it must be contiguous. Is this correct?

Yes that's correct. It must be continuous 12 months straight cohabitation, so when you are cohabiting again the time would start at 0.

And you don't need to lie at the border. She could simply say she's visiting Canada to stay with her boyfriend. As long as she is visa-exempt, has a return ticket dated for 6 months later, and has proof of funds to support herself, then she shouldn't have any problems entering Canada. Make sure she stresses she understands and will follow the rules for visitors. They will most likely give her a 6 months visitor status to start, and when that is almost up she can apply to extend that another 6 or 12 months so you can qualify for common-law.

Just note it may be very tough to stay in Canada for 1 year without being able to work at all.

 

[Leon]

Agree with Rob_TO. If she can't get an IEC visa (there are limited visas and they go fast when the program opens), she'd be stuck in Canada without working for a year. Financially this may be a problem for you but in any case it can be a problem for her too to sit around that long. She could study but she would need a study permit as well as show funds. On a visit visa, she is allowed to take courses shorter than 6 months in length that do not give college credits. She could also look into volunteering.

Or you could get married to avoid the 1 year cohabitation requirement. If you think marriage is too much of a commitment, keep in mind that by sponsoring her, you are taking financial reponsibility for her for the next 3 years after she gets her PR. That is also a commitment.

 

[teg1302]

Thank you Rob.

I have read that and told her, however, she is uncomfortable with it and still worried about the risk of being turned away. I'll keep reassuring her.

Her not being able to work is definitely a concern, not that the money is necessarily required. Also, it makes exiting/re-entering Canada a bigger issue (compared to working holiday, and other visas). She will likely have to return to France (temporarily) at some point during the year which is another concern.

 

[teg1302]

Thanks also Leon. We have considered marriage but would rather not feel forced to go that route (though it is a big incentive).