Is common-law sponsorship still an option?

[cjanssen]

My girlfriend moved here from Denmark on September 4th 2014 after being long distance for over a year before hand. She originally was on an "International Experience Canada" program for one year which was granted August 4th 2014-August 5th 2015. We now need to figure out a way for her to stay here and work legally, but have been running into numerous road blocks.

-We were first considering an Express Entry program but all require at least 1 year work experience in Canada; and she only has 10 months
-Her current employer is willing to do a LMIA but it may be hard to prove that a Canadian is unable to do that job, not to mention the extremely high fees
-We now are considering the common-law route, but may run into some issues since we have been apart for a few weeks. She first visited home in December and we were apart for almost 2 weeks until I met up with her again. She booked a two week trip again this June, but had to extend it to one month due to a family emergency. Is this too long to be apart? Even if it is due to a family emergency? If I were to fly down at the two week mark would this solve the problem, or does the combined month away already push the limits?
-Marriage is already a plan for us in the next year or so, would getting a marriage license be our best option now?
-Is there any other options I am unaware about?

Thanks in advance for all the help.

 

[Sheps]

- If you can, get married, it will be easier to "prove" (common law requires a lot of paper work to prove and if you don't have the right stuff it can be extremely difficult as I have seen for people to prove it). It also sounds like you don't 100% meet common law so I would skip this route.
- LMIA will be your only option, unless your girlfriend can get a second working holiday (some countries can, but I don't know if Denmark is one, but probably not)
- 1 month is definitely pushing it, like I said, CIC will probably just say you don't meet the requirements.
- Get married
- Get married


If all else fails, as long as it won't be a financial burden, you can switch from Working Holiday to visitor while still in Canada. If you submit your application (include proof if you can), you may be able to get a visitor extension and stay. See the thread about a wife getting a visitor visa a on this forum page or the previous one for more info on what they submitted.

 

[canadianwoman]

One month is probably too long a break for CIC to consider your relationship common law. If you can go to Denmark to stay with her for the last two weeks or more, it might be OK. Two weeks apart one time, then another two weeks apart months later might be OK.

She can stay in Canada as a visitor so you can get your 12 months of living together in.

Getting married would make things easier.