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WHV to Common Law or Conjugal PR???

USA2CA4SO

Newbie
Feb 3, 2014
4
0
Okay.

I will be coming to Canada on a Working Holiday Visa from the USA in September 2014.

At that time I will immediately move in with my Boyfriend of (what will be in September) 1 year and 4 months who is a Natural Canadian Citizen.

I will live and (hopefully) work the entire year that the visa allows.

My main question is:

While I'm there, before my WHV expires, can we start the application process for Common Law even though we won't, as of yet, lived an entire year together? Since it takes so long for the application to process and all.

Or If not a Common Law what about a Conjugal?
 

Graihn

Hero Member
Jul 15, 2013
575
34
Kitchener-Waterloo
Category........
Visa Office......
London UK
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 22 2014
File Transfer...
Feb 22 2014
VISA ISSUED...
Oct 1 2014
LANDED..........
Dec 12 2014
Have you lived together outside of Canada for more than a year? If so, common-law is an option now.

You will NOT qualify as conjugal. That is only if you cannot even get a visa to come to Canada and work and live with your boyfriend, which you can. I assume you can get married too..

If you apply for common-law, you need to live together for no less than 365 days, EXACTLY, and support it with proof. So, you are looking at two years at least before you are a PR (1 year plus processing time).

A way to fast track it, is if you get married soon, and apply after that, which mean you don't have to live together for a year before applying.

But bear in mind, you should only get married because you want to get married, not to be able to apply faster. CIC might pick up on this.
 

USA2CA4SO

Newbie
Feb 3, 2014
4
0
We have not lived together yet.

But at 365 of living together my visa will have expired.

Is there a way I can stay in Canada and continue to work while the Common Law is processing?
 

MofC2014

Star Member
Jan 17, 2014
175
10
USA2CA4SO said:
We have not lived together yet.

But at 365 of living together my visa will have expired.

Is there a way I can stay in Canada and continue to work while the Common Law is processing?
You can stay in Canada as visitor and unfortunately cannot work on your expired WHV. To work, you would need to apply again and be accepted for a new WHV, or a work permit with and LMO.
 

USA2CA4SO

Newbie
Feb 3, 2014
4
0
Can an LMO be obtained without having worked an entire year in the job?

Also, you are not allowed to work under implied status of a Common Law processing application?

Are you allowed to work with a Common Law PR? Or is a work permit required in addition to the Common Law PR?
 

Graihn

Hero Member
Jul 15, 2013
575
34
Kitchener-Waterloo
Category........
Visa Office......
London UK
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 22 2014
File Transfer...
Feb 22 2014
VISA ISSUED...
Oct 1 2014
LANDED..........
Dec 12 2014
USA2CA4SO said:
Can an LMO be obtained without having worked an entire year in the job?
LMOs you get for working at a specific company. You can get a co-op visa, meaning if a company wants to hire you , they just write you a job offer, and u send that with ur application. This is also for one year, and you can apply before ur WHV expires. I did this, WHV and co-op, but maybe I could get a co-op visa as I was a university student in Sweden. Call the Canadian embassy in ur home country to find out if u qualify.

You can also extend your stay as a visitor and be a visitor whilst the application is being processed,even though u apply outland
 

MofC2014

Star Member
Jan 17, 2014
175
10
USA2CA4SO said:
Can an LMO be obtained without having worked an entire year in the job?

Also, you are not allowed to work under implied status of a Common Law processing application?

Are you allowed to work with a Common Law PR? Or is a work permit required in addition to the Common Law PR?
Any employer that is willing to give you a job can apply for an LMO to HRDC, if the LMO is positive you send that in together with the offer to get a work permit (you may be able to take the offer and LMO to any Port of Entry and get a work permit issued at the border, I am not entirely sure about this, so hope that senior members can chime in)

Because you are here on IEC, as this is not extendable permit, even if your apply for a PR inland, you cannot continue working under implied status.

Once you are granted a PR (as common law or married) you are able to work right away without the need for any additional permits.
 

USA2CA4SO

Newbie
Feb 3, 2014
4
0
Once I get a job with my WHV could I apply for an LMO for that job and then apply to change the WHV to a longer lasting Work permit?
 

MofC2014

Star Member
Jan 17, 2014
175
10
USA2CA4SO said:
Once I get a job with my WHV could I apply for an LMO for that job and then apply to change the WHV to a longer lasting Work permit?
I believe there is a possibility of applying for a change. I am not very familiar best to post in temp foreign worker section on the forum and you will get real time answers from members who are/were in your situation.

Start here:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob242.asp


Also if you find a position under WHV or later a WP with LMO that is covered by the CEC program, you can apply for a PR through the CEC program and you do not have to go through the family sponsorship route. Currently PR through CEC is taking approx 10 months to get approved.