How does my partner become eligible to work in Canada

[fenna1]

Hi,

Please can anybody help?

I am a Canadian citizen, but live in the UK with my British partner of 18 months. We plan to move to Canada either late this year or early next year. We will be staying with my family initially until we can find a place of our own. My partner is a prison officer and hopes to join the Canadian Correctional Service in time. I will be applying to sponsor him soon.

I would appreciate any advice on:

1) which visa would he need to start work ie, temporary work visa or temporary residence visa (whats the difference, which is more beneficial) and when would he apply for this, can he apply before we get to Canada as he intends to work as soon as possible.

2) and would this visa be extended while he applies for his PR card

We have looked on the CIC website at all the forms and it seems a little complicated in which forms we need to fill in

Thanks

 

[vik.brar]

Apply for PR as overseas spousal/common-law class.

 

[LandC]

Hi Fenna1,
if you have been with your partner for 18months then you fit the requirements for spousal sponsorship, you will need to show proof of relationship. Most people show joint bank accounts/rental or mortgage agreements in both names, notarized statements from friends and family saying they believe you to be in a common law relationship for over 12 months. Applying out-land is the fastest way taking 3-4 months (though sometimes takes longer). You can get the application forms from www.cic.gc.ca fill them out and send them off to CIC Mississauga they will access you to make sure you are eligible for sponsorship, after that they pass it on to London and they double check that everything is good for your partner (no convictions etc). They will then ask for his passport, put in a nice shiney visa and your good to move over.

(edit) This gives him PR status which will let him work and get a SIN (social insurance number).

Hope this helps.

L and C

 

[iarblue]

Here is the link http://www.cic.gc.ca/english/information/applications/fc.asp copy and paste it will bring you to the forms.you fill part 1 your spouse fills part 2 part 3 is the geographic regions download the one for your area UK and he is to fill this in too.
His police search and medicals plus the application forms his and yours will be snt to Mississauga.once they approve you as a sponsor,they will then send them off to London.Processing times in London are 9 months for 80 % of cases.
Medicals have to be done by a cisa approved doctor
so from the time you apply to the time approved could be around 11 to 12 months some cases less by a month or two.
You will need to prove that you have lived together for one year to be eligable for the common law sponsorship.
Read the manual it will tell you what you can do to prove your relationship.
Once he has recieved his PR visa you can come here and he is eligable to work.

 

[RobsLuv]

You are in an eligible common-law partnership, and because you are a Canadian citizen, you're eligible to begin the sponsorship process now from outside Canada. London is currently processing spousal/common-law PR ap in only 2-8 months plus appx 60 days prior to the ap going to London for you to be assessed as an eligible sponsor. The more straight-forward the case, the quicker the processing. You will need to submit proof with your application of your intent to re-establish in Canada - things like being able to show that you will be starting school, or starting a job, or that you have a place to live or family who expect you back and who will support you while you settle in.

In the meantime, your partner can come to Canada as a visitor before being granted PR status, but that will not authorize a work permit. It's possible to apply outland for a work permit, but that takes finding an employer in Canada who will hire him, and then that employer needs to apply for a positive Labour Market Opinion (verifying that there are no qualified Canadian applicants) before they can make him an offer - and then he has to submit the offer to Immigration Canada and apply for a restricted work permit. It's a long process - most likely longer than it will take to get his PR approved.

The forms you need are at this link - he will need to undergo a medical examination with a Designated Medical Practitioner and he will need criminal clearances from any country he has resided in for more than six months since turning 18 years of age. The whole application packet - your forms, his forms, proof of your relationship and the medicals and criminal clearances, plus proof of fees paid - goes to the Case Processing Centre in Mississauga first . . . then will be transferred, after you're approved, to London. You're looking at a processing timeline of anywhere from 4 months to 10 months total.

Check Sections 5.34 - 5.36 of the OP2 Processing Manual for information on proofs to submit of your common-law partnership and genuine relationship. The biggest delay in common-law processing comes from applicants not understanding that they need to prove not only that they are "genuine", but that they are eligible to apply as common-law partners.

 

[fenna1]

Thank you very much for all of your help and advice, I realise how fortunate I am for already being a citizen. 1 thing though, I have recently sent off for my photo card when we were visiting Canada on holiday, as I only had the original certificate, would I have to wait to receive this before being able to work?

L and C further to your reply. Do we only need to send off the sponsorship forms and that will grant him a visa?

Thanks

 

[fenna1]

iarblue,

that link is most usefull

Thanks

 

[cowtown gal]

You should be okay providing a photocopy of the citizenship certificate. If you are planning on going at the end of this year/early next year, you should hopefully have everything done by the time you are ready to go if you apply soon. My husband's application also went through London, and from sending it all to Canada to getting his passport back with the visa in London it took us less than 3 months (but this will vary).

I would find an approved doctor for the medical and book the appointment (sometimes you have a wait a few weeks for an appointment for the medical) and send off your forms for the police check. While you wait for those, you can sort out the rest of your application and then it's ready to send away when you get the medical done and police check forms back. Best of luck!!

 

[fenna1]

Thats good to know about the photocopy of the certificate. I kept a copy before sending everthing off and I have my birth certificate with the same address (as I know have grown up and bought my own house, so have differing addresses) thought this couldn't hurt to send to prove the authenticity?

What do you think?

and do we need to complete the 'Statutory of Declaration of Common Law Union'? as it say 'if applicable'

still getting a little confused I think

 

[LandC]

Forgot to mention having photos of you both together is more ways of showing that its not just to get sponsorship. Sorry if i confused you with the earlier post you need to wait till the application has been processed and approved then he will get his visa this lets him work legally.

'Statutory of Declaration of Common Law Union' as far as i know is only if you and your common-law partner wish to jointly sponsor somebody else.

Hope this helps

L and C

 

[fenna1]

Oh I have thought of another.... we have been living together for the time needed, however I bought my house before we met and did not put him on any of the bank accounts or utility bills till late last year so can only prove about 8-9 months at this time. If the processing time takes months, could we still apply now and have our families write letters of confirmation of our total time living together?

 

[iarblue]

You sure can,and it does not really make a diff that he has only been on the bills in the last few months.The fact that he is on them is very good.

 

[whoopi83]

Oh I have thought of another.... we have been living together for the time needed, however I bought my house before we met and did not put him on any of the bank accounts or utility bills till late last year so can only prove about 8-9 months at this time. If the processing time takes months, could we still apply now and have our families write letters of confirmation of our total time living together?

Fenna - you need to prove you have been cohabiting for a continuous period of 12 months or longer; this can be mail addressed to you both at the same address or individually at the same address. We sent a mixture of both because like you, only one of us was on the utility bills until we actually thought about this process. You need to send something from over 12 months ago either addressed to you both individually along with dual addressed items from points in time to present day. I wouldn't rely only on letters from family or friends; show them you have been living at the same address and bolster that claim with letters of support not only of your continued cohabitation but also as general letters of support for your application.

We stated when we became common law partners and sent individually addressed mail from that time plus a couple of utility bills from 6 months in addressed to us both, then another couple of utility bills from the approx date of application. Any flight or holiday itineries with both your names on, hotels etc booked with one room and both people may also help.

Good luck.

 

[whoopi83]

Also, you mention that you will be staying with family, we also have done this, be sure to include a letter from the family member attesting to that claim along with a letter/explanation from you as the Canadian stating your reasonable plans for re-establishment. They are looking to ensure you will return with your partner, so you need to ensure you tell them clearly and concisely what your plans are - what you will do; prove you are "severing ties" with the UK and are looking to move permanently to Canada. We included my house for sale listing even though it had not sold, plus letters from both the sponsor and applicant outlining what we hoped to do and why we wanted to settle in Canada. Feel free to pm me as your situation is remarkably similar to our and the process (although the waiting times were less than present) took from Aug 11th to visa issuance (collected at London) on Nov 19th.

PS. Although the Stat Dec is not actually needed unless you are jointly sponsoring someone else, it will not hurt you to have this done. Some people have done so (we did not) and I do recall one couple being asked to send it mid process.

 

[fenna1]

Hi all,

I've been going through the required document list and what is the 'option c' print out for, is it for inland applications or outland, or is it for if you are sponsoring dependent children?

And do I need a letter from my employer? I will be leaving my job anyway to live in Canada.

Thanks