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Have partner visit and then do the spouse/common-law in Canada class application??

Shortbrunette

Member
Aug 17, 2018
13
5
AOR Received.
05-10-2018
Hey everyone,

I've been with my American partner for over a year, he lives in the States. We're looking into the immigration process, and I'm wondering if anyone was ever able to have their partner come visit, and then submit the Spouse/Common-law in Canada Class application and open work permit during the visit, so then the partner can continue to stay in Canada during the application process. Is it possible for that to work? I'm just trying to weigh my options as to what is the easiest solution.

Thank you!
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hey everyone,

I've been with my American partner for over a year, he lives in the States. We're looking into the immigration process, and I'm wondering if anyone was ever able to have their partner come visit, and then submit the Spouse/Common-law in Canada Class application and open work permit during the visit, so then the partner can continue to stay in Canada during the application process. Is it possible for that to work? I'm just trying to weigh my options as to what is the easiest solution.

Thank you!
Sure, you can do that. Working won't be possible until the open work permit is formally issued. So just be prepared for a wait of a number of months (possibly the better part of a year) before working will be possible.
 

armoured

VIP Member
Feb 1, 2015
17,241
8,861
I've been with my American partner for over a year,
You need to clarify what type of partnership: if you're married, no issue. If you're common law, make sure you meet the formal test for Canadian immigration - that you can document you've resided together for more than one year. If you can't, it will be rejected.

(or just get married of course)
 

Shortbrunette

Member
Aug 17, 2018
13
5
AOR Received.
05-10-2018
You need to clarify what type of partnership: if you're married, no issue. If you're common law, make sure you meet the formal test for Canadian immigration - that you can document you've resided together for more than one year. If you can't, it will be rejected.

(or just get married of course)
so what if we can't necessarily prove we've been living together for a year? What would be the other options?
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
so what if we can't necessarily prove we've been living together for a year? What would be the other options?
Common law will only work if you have hard evidence of one year of continuous cohabitation (e.g. joint leases, joint accounts, etc. which date back a full year). The other option is to get married.
 
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yoli85

Star Member
Sep 3, 2019
119
49
Canada
Category........
FAM
Visa Office......
Mississauga
so what if we can't necessarily prove we've been living together for a year? What would be the other options?
Getting married would be the only option if have no proof of cohabiting as common-law and if you want to start the process soon.
If you don't want to get married then your only option left is to move in together and document the cohabitation for a year, and apply after. Your partner would not be able to work in Canada for over a year if you take this route.
 
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Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
Another option would be to get married and then submit an Outland application, so that your `new' spouse could continue working in the U.S. while awaiting the PR application to be approved.
 
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citizenshipcanada

Hero Member
Sep 1, 2011
381
104
Hey everyone,

I've been with my American partner for over a year, he lives in the States. We're looking into the immigration process, and I'm wondering if anyone was ever able to have their partner come visit, and then submit the Spouse/Common-law in Canada Class application and open work permit during the visit, so then the partner can continue to stay in Canada during the application process. Is it possible for that to work? I'm just trying to weigh my options as to what is the easiest solution.

Thank you!
the most important factor in relation to a spouse sponsorship is the proofs that you have to support it while filing your application ,so if you dont have it now ,start building on it accordingly and if you do apply as soon as possible .even if you are living apart .