New Zealander to stay longer in Canada

[Aims.smith]

Hi all,

My fiancé and I moved to Canada in August this year and we love it here already, problem is we would like to stay longer but I'm on a New Zealand IEC so I am only permitted a year, however by fiancé is Australian and he can get another 2years. My question is I have heard that because we became common law partners that I should be able to ride off his next visa. Is this true? If so how do I go about it?
I would really appreciate any feedback.
Thanks

 

[canuck_in_uk]

Hi

You cannot gain status based solely on being the common-law partner of an IEC holder. Your partner must first be working in a skilled job (NOC 0, A or B) in order for you to qualify to apply for a work permit based on his status.

If he doesn't have a skilled job when your IEC is expiring, you must change your status to visitor. Or you can try to find an employer willing to go through the LMIA/work permit process to hire you.


http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob490A.asp

Spouses of foreign nationals cannot obtain an open work permit under the “Public policy, competitiveness and economy R205(c)(ii)” (Labour Market Opinion (LMO) exemption C41, see FW 1, Section 5.38), unless they can meet the following eligibility requirements:

The principal foreign worker must be doing work which falls within NOC Skill Levels 0, A or B;
The principal foreign worker must hold a work permit that is valid for a period of at least six months;
The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.

Note: If an IEC participant in the Working Holiday Program category holds only the Letter of Introduction, CIC cannot determine if the participant is employed in a NOC 0, A or B occupation and, therefore, cannot issue an open work permit to the participant’s spouse. Once the IEC open work permit holder can prove that they are employed in a NOC 0, A or B position (i.e., letter from their employer and pay stubs), their spouse may then apply under the LMO exemption C41.