IEC - Common Law Partner

[shaunc85]

Hello,

I'm an Australian citizen and currently going through the process to obtain an IEC work/holiday visa. The issue I have is that I want to bring my partner with me, who is a Colombian citizen. From reading information on the CIC website, It states that under the IEC program you can bring your common law partner with you, provided you work in a certain class of job. As I'm a civil engineer, I think I'm covered. However, my question is do I list her as my common law partner on my application? Firstly, I'm not sure what is required to prove that she is my common law partner and secondly I wouldn't want it to effect my application as she could always enter as a student as a fallback option. I want to be upfront with CIC, but don't want to jeopardise the whole process.

What would you suggest would be the best path forward?

Thanks in advance.

Shaun

 

[scylla]

To include your common law partner, you must prove that you have cohabitated (i.e. lived together at the same address) for at least one continuous year. Best proof you can show is a joint lease. However you should also include other supporting evidence such as joint utility bills showing the same address, joint bank accounts, mail showing the same address, employment records, etc.

 

[PMM]

Hi

Hello,

I'm an Australian citizen and currently going through the process to obtain an IEC work/holiday visa. The issue I have is that I want to bring my partner with me, who is a Colombian citizen. From reading information on the CIC website, It states that under the IEC program you can bring your common law partner with you, provided you work in a certain class of job. As I'm a civil engineer, I think I'm covered. However, my question is do I list her as my common law partner on my application? Firstly, I'm not sure what is required to prove that she is my common law partner and secondly I wouldn't want it to effect my application as she could always enter as a student as a fallback option. I want to be upfront with CIC, but don't want to jeopardise the whole process.

What would you suggest would be the best path forward?

Thanks in advance.

Shaun

1. Whether you are a Civil Engineer or street sweeper, under the IEC program it doesn't matter what your job is. You are apply for an open work permit which allows you to work in any job. So your C/law spouse doesn't get the benefits of an OWP based on your IEC work permit. The following is from the FAQ on IEC Canada.

"Will my spouse or common-law partner get a work permit under IEC to come with me?

No. If your spouse or common-law partner wants to work in Canada, they have two options:

They can submit their own application to the International Experience Canada (IEC) program. They will have to meet the requirements and follow the application steps.
They can apply for a work permit outside of the IEC program.
For more information, see: Can my spouse or common-law partner work in Canada?

For both options, your spouse or common-law partner’s application will be assessed individually, separately from yours.

 

[shaunc85]

Thanks for the quick responses PMM and scylla.

It's actually a good point you raise regarding my occupation, because it's an open work permit and CIC won't know what I'm doing until I land a job in Canada. The reason for asking was that I read this on the website:

Only spouses or common-law partners of certain skilled workers or full time international students may qualify for an open work permit or study permit. To qualify, your spouse or common-law partner must have a valid work authorization for at least 6 months at NOC 0, A or B or a student authorization at post secondary level and by studying full time. A work authorization is granted with a Work Permit. A student authorization is granted with a Study Permit.

Would it be better for her to come in on a TRV until I can prove that I have a job at NOC 0, A or B level?

Also, for the IEC application should I list myself as single or in a common-law relationship? Or it won't really matter in this instance? I think at this stage in time I would be border line with being able to gather enough evidence to appease CIC regarding the 1 year living together, but after a couple of months in Canada together it will be easy.

 

[sophiak]

To include your common law partner, you must prove that you have cohabitated (i.e. lived together at the same address) for at least one continuous year. Best proof you can show is a joint lease. However you should also include other supporting evidence such as joint utility bills showing the same address, joint bank accounts, mail showing the same address, employment records, etc.

Hi, so with respect to your answer, does that imply that proof common-law partnership falls into the initial IEC application? Or does it fall on the common-law spouse, subsequent applications? In addition, If the evidence provided appears insufficient to CIC, will that lead to a rejection of the IEC application?

Thank you very much!

 

[canuck_in_uk]

Hi, so with respect to your answer, does that imply that proof common-law partnership falls into the initial IEC application? Or does it fall on the common-law spouse, subsequent applications? In addition, If the evidence provided appears insufficient to CIC, will that lead to a rejection of the IEC application?

Thank you very much!

A common-law spouse cannot be included in an IEC app. If you come to Canada on an IEC permit and get a NOC A, B or 0 job, your partner could then apply for an OWP based on your status.

 

[sophiak]

A common-law spouse cannot be included in an IEC app. If you come to Canada on an IEC permit and get a NOC A, B or 0 job, your partner could then apply for an OWP based on your status.

Thank you for your reply,

I have entered Canada with an eTA mentioning my common-law status upon entry.

The same goes for my IEC application, there is a field asking about this, Hence I cannot say no to that question, as that would disqualify the future partner OWP based on my status as you said. I'm aware that IEC apps are individual only and there are conditions on my partners OWP permit, but that doesn't mean that I don't need to prove our common-law status either on my IEC, OR His future OWP application, so my question in which application is it? Mine (IEC) or my Partner's (OWP)?

 

[canuck_in_uk]

Thank you for your reply,

I have entered Canada with an eTA mentioning my common-law status upon entry.

The same goes for my IEC application, there is a field asking about this, Hence I cannot say no to that question, as that would disqualify the future partner OWP based on my status as you said. I'm aware that IEC apps are individual only and there are conditions on my partners OWP permit, but that doesn't mean that I don't need to prove our common-law status either on my IEC, OR His future OWP application, so my question in which application is it? Mine (IEC) or my Partner's (OWP)?

You need to mention your partner in your application but that is not the same as including them. As your partner is not included, there is no proof required.

 

[sophiak]

You need to mention your partner in your application but that is not the same as including them. As your partner is not included, there is no proof required.

Alright, So then who is the one that provides the paperwork for common-law status? My partner's OWP application?
Thank you again!

 

[canuck_in_uk]

Alright, So then who is the one that provides the paperwork for common-law status? My partner's OWP application?
Thank you again!

Yes, your partner will need to include common-law proofs when applying. Do you already have a NOC A, B or 0 job?

 

[sophiak]

No, I'm about to apply for the IEC and I wasn't sure If I have to upload all the common-law evidence docs that I have collected.
I am aware that I would need to get a NOC A or B or 0 position in order for my partner to qualify.