How can I stay in Canada

[alphabetabc]

Hi, my situation is this:

I'm from the UK, I spent a year in Canada on a IEC working holiday visa, I'm now back on a 2 year skilled worker work permit, I have 17 months left of this.

I had a baby here last October with my Canadian spouse, who is my common law partner (since last October).

How should I apply to stay here permanently? Any advice would be appreciated

 

[Ponga]

One option would be to submit an Outland Spousal Sponsorship application.

Even though your are IN Canada, you can submit an Outland application, which would be much faster than an Inland application for you, based on your country of origin. Inland applications take over 2 years to complete, versus less than a year (on average) for those from the UK submitting Outland.

Jump over to the Family Class Sponsorship forum and look around there for more help.


Good luck!

 

[alphabetabc]

Thanks for your help

 

[Rob_TO]

Hi, my situation is this:

I'm from the UK, I spent a year in Canada on a IEC working holiday visa, I'm now back on a 2 year skilled worker work permit, I have 17 months left of this.

I had a baby here last October with my Canadian spouse, who is my common law partner (since last October).

How should I apply to stay here permanently? Any advice would be appreciated

Just so there is no mix-up, the rules around common-law are different for immigration and tax purposes.

For CRA and taxes, you are common-law either after 12 months of cohabitation, or as soon as you have a kid with and live together with your partner. So if you had a kid in October, regardless of how long you lived together you are common-law to the CRA since October.

For immigration, the only definition of common-law is 12 months cohabitation. There is no special rule around having a kid in common. So the only way you are common-law for immigration as of Oct 2015, is if you started living together and did so continuously since Oct 2014.

 

[alphabetabc]

Thanks for that Rob, I went home to the UK for 3 months in 2015 while waiting for the work permit to be approved, and came back in June, so because of the break, we wont be common law until June 2016, is that right?