How do i get back to Canada to live together for 1 yr for commonlaw appl?

[DreamMagii]

Hi folks,
I am a little stuck on figuring out which grounds to make application under. Any advice would be kindly welcomed please.

Summary;
- I was approved a 2 year work permit (March 2012 to March 2014) for a working holiday program.
- I arrived in Canada on March 2012.
- We are a same sex couple, he is Canadian, i am Australian.
- We first met and dated casually from September 2012 to May 2013.
- Entered committed relationship May 2013 (ongoing), but didnt get the chance to ever live together.
- I applied for permanent residency under the Canadian Experience Classification under the NOC (1221) May 2013.
- I lost my job in Canada September 2013 and for financial reasons had to depart for Australia.
- My PR application will likely be decided (rejected/approved) by Jun 2014.
- My PR application could have been stronger on the basis of my job skills closer matching the NOC job skills.
- We think its best to make a 2nd application, but dont know which application to make.
- We plan to enable living together for one year in Canada to allow for commonlaw, but how do i gain access to Canada again?

We havent lived together so we cant apply as Commonlaw? We dont have many signficant barriers (other than immigration) so we cant apply as Conjugal? I cant get another Working Holiday Visa as i am older than 31 now? We arent married so we cant do spousal sponsorship? We thought a TRV somehow, but CIC will know i intend on remaining in canada permanently?

Thank you in advance for your consideration.
Kind regards,
DreamMagii

 

[Rob_TO]

There is no legal barrier stopping you from getting married, so you don't qualify as conjugal.

Australian citizens are visa-exempt to Canada meaning no TRV is required, so I don't see why you can't just show up as a visitor if you wanted to travel here again? Usually visa-exempt travelers get a 6-month visitor status when they arrive in Canada.

Or if your working holiday visa is still valid until March 2014, then you could perhaps enter Canada with that, and then apply to turn it into a visitor status just before it expires (around Feb 2014).

 

[DreamMagii]

Thanks Rob_TO, if we were to marry, what would occur following that normally? Would we still have to meet the 12 months living together requirement? And would there be a 12 month processing time before I could get PR and take employment again? Im hazy on what happens next? Any referrals to information would be great, as i am sure a million people have asked this before too LOL

 

[MilesAway]

Once you are married, you can submit the application, there is no minimum requirement for living together. The 12 months only applies to common-law applicants.
The processing time for Sydney is at 11 months right now, plus 1 month for sponsor approval. However, most people seem to be done within about 6 months. So you can start working once you get your PR. You can apply to extend your stay as a visitor and remain in Canada for the processing time.

 

[kittyandpipit]

Thanks Rob_TO, if we were to marry, what would occur following that normally? Would we still have to meet the 12 months living together requirement? And would there be a 12 month processing time before I could get PR and take employment again? Im hazy on what happens next? Any referrals to information would be great, as i am sure a million people have asked this before too LOL

have you decided on an inland/outland application?

f you apply inand you will have implied status until your pr is finished....if you apply outland, which we did, you have to extend your six months visitor status...which I think is pretty easy. (you can still be in Canada if you apply outland) if you apply inland you can apply for an open work permit with your application and I think that takes about six months to work. but the application takes longer (usually/I think)... and you cant leave Canada. which might work for you...

you will receive temporary status for two years from the approval of your application, if your relationship is under two years.

we met in October 2012, married in june2013, sent in application in october2013

 

[Rob_TO]

Thanks Rob_TO, if we were to marry, what would occur following that normally? Would we still have to meet the 12 months living together requirement? And would there be a 12 month processing time before I could get PR and take employment again? Im hazy on what happens next? Any referrals to information would be great, as i am sure a million people have asked this before too LOL

As was mentioned, there is no 12-months rule for marriages.

The main proof is the marriage certificate you will get. You will also need to show your relationship/marriage is genuine, so you will need to submit things like photos of the wedding with friends/family attending, photos during your relationship, how you communicated while long distance, joint financial accounts, life insurance on each other etc etc.

In practically as cases its better for Australian applicants to apply Outland whether or not they are living in Canada or elsewhere. The Sydney visa office is one of the fastest, and people are getting PRs in around 6 months time these days.

 

[Catou]

...And would there be a 12 month processing time before I could get PR and take employment again?

If you go back in on your IEC visa you must stop working as soon as that visa expires. But you can be looking for a job that offers a LMO (labour market opinion) and once you find such a job you can apply for a work permit. The IEC allows you to work but isn't the same as a work permit. Once it expires, that's it - there is no implied status for it.

If you marry, definitely apply outland because, as others have said, Sydney is fast. There is no point in applying inland because even getting to the stage of receiving an open work permit with an inland application takes longer than Sydney takes for the whole PR application. Once you have PR you can work wherever you like.