Sponsoring my partner with a work permit

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Hi there! I live in Canada with a work permit, this is my ninth month! My visa expires in May 1 and I am planning to extend it since my company also wants me more time. I am a computer programmer btw.

Now comes the tricky part. My partner just came to Canada as a visitor. She wants to stay with me and find a job, she is an architect. It seems that she can apply within Canada for a work permit thanks to my status as temporary worker, is that right? In the other hand, we are not married or anything like that in our country of origin, but we have been living together and we have the way to show that as well as other things that linked us for many years. This said, do you think we can get what we want or it sounds unlikely?

If it is so, I would just want to check with you:

1) I have to follow the instructions here: "Application to Change Conditions or Extend Your Stay in Canada as a Worker" - including IMM5409 (declaration of common-law union), doing this as soon as possible since my visa expires in two months and a half from now and they require to apply at least 30 days before.

2) At the same time my girlfriend, who as a said is in Canada as a visitor right now (we're sharing a apt), would apply for a work permit within Canada through this page: Apply for a work permit (online method)

Is that correct? Am I missing something important?

Thank you in advance.

 

[PMM]

Hi

Hi there! I live in Canada with a work permit, this is my ninth month! My visa expires in May 1 and I am planning to extend it since my company also wants me more time. I am a computer programmer btw.

Now comes the tricky part. My partner just came to Canada as a visitor. She wants to stay with me and find a job, she is an architect. It seems that she can apply within Canada for a work permit thanks to my status as temporary worker, is that right? In the other hand, we are not married or anything like that in our country of origin, but we have been living together and we have the way to show that as well as other things that linked us for many years. This said, do you think we can get what we want or it sounds unlikely?

If it is so, I would just want to check with you:

1) I have to follow the instructions here: "Application to Change Conditions or Extend Your Stay in Canada as a Worker" - including IMM5409 (declaration of common-law union), doing this as soon as possible since my visa expires in two months and a half from now and they require to apply at least 30 days before.

2) At the same time my girlfriend, who as a said is in Canada as a visitor right now (we're sharing a apt), would apply for a work permit within Canada through this page: Apply for a work permit (online method)

Is that correct? Am I missing something important?

Thank you in advance.

Yes, to claim to be common/law couple you have to have resided together for a year. If she just arrived, and you have been here 9 months, you obviously haven't been residing together for those 9 months. I think you are going to have a difficult time convincing CIC that you are C/law.

 

[Mesha]

PMM:

if anyone get married in canada.

and want to apply for spouse work permit based on partner's study permit, is it necessary that couple must have been resided for ONE YEAR?

Does one year count just after receiving of marriage certificate ??

Please reply.

Many Thanks.

 

[Widget]

Hi PMM,

Read my response below, please.

Yes, to claim to be common/law couple you have to have resided together for a year. If she just arrived, and you have been here 9 months, you obviously haven't been residing together for those 9 months. I think you are going to have a difficult time convincing CIC that you are C/law.

I thought that they would take into account our previous situation in our country of origin before I left to Canada. Otherwise, how could a temporary worker sponsor his common-law partner? Otherwise, how can you make it to bring your C/law partner if you find a job in Canada?

 

[PMM]

Hi

Hi PMM,

Read my response below, please.

I thought that they would take into account our previous situation in our country of origin before I left to Canada. Otherwise, how could a temporary worker sponsor his common-law partner? Otherwise, how can you make it to bring your C/law partner if you find a job in Canada?

No, they won't take it into account. CIC has a tendency to follow the law as written. You bring your c/law partner with you when you first arrive.

 

[Jamgirl]

My understanding is that they were common law in their country of origin and if they were for at least one year there, would our government not recognize that as well as their seperation for the purpose of his work permit?

 

[rjessome]

Hi


No, they won't take it into account. CIC has a tendency to follow the law as written. You bring your c/law partner with you when you first arrive.

Well I kinda disagree. OP 2 says:

5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a commonlaw
relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such as visits,
correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not
cohabiting for a variety of reasons, but still considers themselves to be married and living in a
conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any
cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still
exists.

So assuming that the couple lived together for at least a year in their previous country of residence and remained in a conjugal relationship while one party was in Canada AND can prove it, the CL relationship still exists.

 

[PMM]

Hi

My understanding is that they were common law in their country of origin and if they were for at least one year there, would our government not recognize that as well as their seperation for the purpose of his work permit?

Only if s/he declared on the application that s/he had a common/law spouse and listed as such on the application, will CIC accept that they are still in a c/law relationship. If not declared at the time of application, CIC has a tendency not to believe you.

 

[rjessome]

Hi


Only if s/he declared on the application that s/he had a common/law spouse and listed as such on the application, will CIC accept that they are still in a c/law relationship. If not declared at the time of application, CIC has a tendency not to believe you.

Yep, agree 100%. And they should have a Stat Dec too.