Partner sponsorship application - coming from Australia

[hayleysc]

Hello. Hoping to get some direction.

My partner, an Australian, is currently on a working holiday visa in Canada. His employer in Canada is undertaking the process to sponsor him for permanent residency.

I am still in Australia. He has been in Canada since August 2013. We are both Australian citizens. I am 32, so am now ineligible to apply for the working holiday visa. I did prevoiusly apply and receive the letter of introduction for the working holiday visa, but was ultimately unable to make the move before its expiration due to a change in circumstances with his job.

We are hoping to make an application for me as his partner once is PR application is approved. We have been together for 7 years.

I understand that processing times are quite long. Understandably, I don't want to be apart from him for years. Can anyone give some direction in terms of what we can do when we lodge this application to get me to Canada quicker? Is there a bridging type visa for someone (me) who doesn't already have a temporary visa?

Ideally, it would be amazing if I could at least get over and study while he application for me is being processed. I will need to do transitional study anyway as my qualification in Australia (law) will not allow me to practice in Canada without some study in Canadian law.

I do understand that, as an Australian, I can go to Canada as a visitor for a period of up to 6 months. Whilst his wage will probably allow me to simply be a visitor, I would get a little stir crazy and would absolutely prefer to be able to work!

Any assistance would be amazing. The thought of potentially spending years apart is heart wrenching!

Thanks in anticipation for any assistance.

Cheers.

 

[hayleysc]

I should add to this request for information....is there anything specific we should be doing with his application for PR to make things easier for my eventual application? They are just waiting on the Australian Federal Police check before lodging his application.

 

[Rob_TO]

First things first, you need to be married or officially common-law (having lived together for 12 consecutive months, and can prove it) before you can apply for PR as a spouse/partner.

If you are already common-law, then you would need to be included in his PR application, and you would both receive PR together.

If you are not common-law, then he will get PR as "single". After that, you will need to get married or become common-law first for him to sponsor you for PR. You do not qualify as a conjugal couple since there are no immigration barriers between Australia/Canada.
Your best bet is to apply outland via the Sydney office (takes around 8-10 months). During this time you can come to Canada as a visitor although you won't be able to work until you get PR. Typically a visa-exempt traveler to Canada will get 6-months visitor status upon entering, and then can apply to extend that status for an additional 6 or 12 months.

If you want to enroll in school in Canada you can pretty easily get a study permit. But keep in mind until you get full PR status, you will be paying international student tuition fees which can be pretty expensive.

 

[hayleysc]

Thanks for your response Rob_TO.

We have lived together for approximately 4 years, and owned a house together up until November 2012, so proof of that will not be too much of an issue.

When you say I "would need to be included in his PR application", what do you mean? That I would need to be listed as his common-law partner on his application for PR?

Am I correct in thinking that we will need to wait for his PR application to be approved before applying for me?

 

[Rob_TO]

You MUST be listed as his common-law partner, on his own PR application. If he doesn't list you and continues as "single" even though you are common-law, that is immigration fraud. You will both go through the PR process at the same time, so you'll both need to do medicals, police checks etc.

You will also both get PRs approved together. So there is no need for him to sponsor you after he gets PR as you will already be a PR too.

 

[hayleysc]

Oh really! That is so helpful, thank you. I will be sure to call him and have him speak to the person who is completing the PR forms for him to make sure it is all processed properly.

Thank you for such a quick response.

 

[Rob_TO]

Also, I assume he is applying through Canadian Experience Class, so any additional questions you had you might want to post in that dedicated forum: http://www.canadavisa.com/canada-immigration-discussion-board/canadian-experience-class-b52.0/

This forum is for people who are already Canadian Citizens or PRs, that are sponsoring their family members.

 

[hayleysc]

Ok great - thanks Rob_TO

 

[hayleysc]

Quick follow up question for clarity.

the CIC website, in relation to CEC applications, says:

"If you are married or live with a common-law partner in Canada, and that person also meets the above conditions, you can decide which one of you will apply under the CEC as a principal applicant. A common-law partner is a person who has lived with you in a conjugal relationship for at least one year. Common-law partner refers to both opposite-sex and same-sex couples."

It is the words "live with a common-law partner in Canada" that stand out to me. I don't live in Canada. We haven't lived in Canada together. We lived together in Australia.

Would this alter your feedback?

 

[truesmile]

That paragraph doesn't apply to you. You are still common-law by Canadian laws. Ensure that you're included on his application. Immigration fraud aside, you will forever be excluded from being sponsored under the Family Class . . . Really! Forever!

 

[hayleysc]

Thanks so much truesmile.

I think I have told him 15 times in the last 2 days to make sure his employer includes me as his partner on his application, so hopefully the message got through

 

[amira_mais]

You said in your initial post: "his employer in Canada is undertaking the process to sponsor him for permanent residency." Perhaps then he's applying under the Federal Skilled Worker (or Trades) Program, not CEC? Common law spouses are defined the same way across all programs but you still want to make sure you're aware of the requirements for the proper program.

Here is the link to the FSWP forum if you need it: http://www.canadavisa.com/canada-immigration-discussion-board/skilled-worker-professional-immigration-b4.0/

 

[hayleysc]

That's right amira_mais. I'll be having a discussion with him about what program they are applying under. That should provide some clarity.