Interesting Case - Please Advise

[Chokito]

First of all thank you for reading through this and for any advice given. We only found this tremendously helpful site recently and have not been able to find information for a case similar to ours.

We are both professional engineers who met as expats (I'm Australian and she is Brazilian) whilst working in Chile back in February 2008. We are both currently working in Chile and have been living together since September 08. We became engaged a month ago and now she (Brazilian citizen) has a fantastic job offer in Toronto as an intra-company transfer (specialty worker) as the project she was working on has been prematurely terminated due to "the global financial crisis" and is due out of Chile at the end of May 09.

Given that:
- I am Australian and she is Brazilian
- Are engaged and live together since Sept-08  and we have proof of genuine relationship ( eg. travel, photos,email, family meeting, shared credit card, banks statements to same address)
- We do not meet the requirements for common-law sponsorship of a dependent under her work permit if 3 years cohabitation is required.
- She has a job offer that will sponsor an intra-company transfer work permit in Toronto

We have come up with two scenarios for us to be able to go to Canada and are seeking advice:

Scenario A:

Accelerate civil wedding plan and marry in Chile and immediately apply for a work permit (suspicious ?) so that we can go to Canada together, she as intra-company transfer and I as dependent (with work permit).

Scenario B:

She travels to Canada on her intra-company transfer and I follow using the fact Australians do not require a visa for Canada (up to six months and no work permit) and we continue with our plans for a September wedding and then have to apply for sponsorship under her work permit (possibility of dual intent raised?).

Given the above, which would be the best option in your experience or is there a Scenario C which we haven't thought of.

Thank you

[mitamata]

First off, to qualify for common-law, you need to live together 1 year, not 3. If that helps.

But anyway, I don't know anything about the way your fiance is going to Canada. Will she be becoming a permanent resident or is she only getting a temporary work visa? If she won't be a permanent resident (and from what I've read, she will not), then you don't really fit in family class. You need a permanent resident to sponsor you. Maybe you will have more luck asking your question in the Skilled Worker / Professional Immigration forum, people might know more about this there.

Or just wait for PMM here, he seems to know everything

[Leon]

For somebody on a work permit to bring their spouse is not called sponsorship.  They are usually not suspicious of foreign worker relationships because they are not giving you immigration, just a work permit.  You are right, you do not qualify for common law until 12 months which would be in September.  Instead, you can get married and she can add you to her work permit as a spouse.  You can apply for your open spousal work permit when you arrive at the border or after you are in Canada, not before.  I think it will look worse for you if she applies for a work permit without listing a common law or a husband and then pulls one out of a hat so to speak.

[Chokito]

Leon, mitamata

Thanks for your responses. This is a lot clearer for us now.