Temporary visa for common law partner

[hayleysc]

Hi there.

Just hoping to get some direction.

My partner (common law partner) is currently in Canada on the IEC visa. We are both Australian. He arrived in Canada in August 2013, with his current visa due to expire in August 2015. He is NOC 0621. I was unable to join him in Canada, and am too old to apply for a visa in my own right under IEC because of my age (currently 32). I am a lawyer in Australia.

We submitted an application for PR in December under CEC, however it was returned unprocessed due to the cap.

We are currently looking at our options (both permanent and temporary) to get me to Canada so we can finally be reunited.

In terms of temporary options, can someone confirm that it is possible to apply for a change of conditions on his visa from IEC to OWP for my partner (due to his IEC visa coming to an end shortly), and, at the same time, attach an application for myself as his common law partner for SOWP, even though I am outside of Canada?

Thanking you in anticipation.

 

[Lammawitch]

Unfortunately, not possible.

Could/would his employer apply for an LMIA for him? He could then get a WP.

However, I'm not sure that you would meet CIC's definition of common law partners, (for the SOWP) if he's been in Canada for nearly 2 years & you're in Australia.

 

[hayleysc]

Thanks for your reply Lammawitch.

He has approached his employer about an LMIA and we are awaiting a response.

In terms of the definition of common law partners for an SOWP, I can't see how it is different to the definition for a PR application. If you can offer some advice, that would be great! Getting married isn't something we want to simply do because of a visa situation (although after 8 years, he probably should pull his finger out ;D)

 

[hayleysc]

Sorry, would you also mind ever so much clarifying which part is "unfortunately, not possible"?

If we need to rethink a strategy, I'll have to get him on it! He has his heart set on staying in Canada.

Thanking you again in anticipation

 

[scylla]

No - it's not possible to change his work permit from IEC to OWP. Your partner doens't meet any of the OWP criteria. If your partner wants to keep working in Canada, his current employer (or a new employer) will need to obtain an approved LMIA and then he will have to apply for a closed work permit tied to that specific employer. The LMIA process typically takes a number of months to complete. If the IEC is expiring soon, the LMIA process needs to be kicked off asap.

I don't know how applying for a spousal open work permit will go for you since it has been quite some time now since you have lived together. Did he declare you as his common law partner when he applied for the IEC? Or did he say he was single? If he declared himself as common law in his IEC application then I would go ahead and try for the SOWP (once he has a new work permit). But again, since you've been living apart for so long - I'm not sure if CIC will still classify you as common law or not.

 

[hayleysc]

Thanks Scylla.

Where can I find the OWP criteria? What I have found is pretty general.

 

[hayleysc]

I just found the information I was looking for - thanks so much for all your help