Quebec-France conjugual partner or common law or ??

[ThomasC]

Hello,

I need some help. I am somewhat confused on how to proceed. My girldfriend came last june from France to Canada on a one year Working Holiday Visa. We met not long after she arrived and she moved in with me around november. We lived together till her visa expired in june, so for almost 8 months. She had to go back to France to settle some things there and because she couldn't work here anymore. She left her stuff here, even her cat, so we're still living together, and she wants to come back here to work and so that we could live together. I want to sponsor her but I'm not sure in what category we fall, are we conjugual partners, we're not common law because it's been only 8 months we live together. She should come back on a tourist visa soon but I want to know what's the fastest way for her to be able to live and work here. After the first step is completed and I have been approved, can she work in the mean time while waiting for the papers to come in. Any suggestions on what's the best way to go ?

thank you !

[scylla]

Have a read through this post by Leon. It's an excellent recap and will probably answer most of the questions you have right now:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

Conjugal isn't a recommended route for you. Conjugal is reserved for people who absolutely cannot marry and cannot live together for one full year to reach common law status. You're not facing any barriers to marriage or common law and will very likely be rejected if you apply as conjugal. So either get married or live together for a year to achieve common law status - then apply.

Read through Leon's post and then let us know what further questions you have

[mercur]

As a French citizen, she does not need visa to be here however she will not be able to work. When it comes to conjugal partner they are very strict. I applied to sponsor my back then fiancee in September 2010 and I was refused and the explanation was that although she can't get a visitor visa I can drop everything here and go an live with her!?! We decided to get married and I reapplied to sponsor her again now as my wife.

In your case, she can come and live with you and when the year pass you can apply to sponsor her as common in law. Just make sure that you take tons of photos, have bills, joint accounts and perhaps the title of your house on both of your names. She will not be able to work but if you apply inland, there is a small chance that if you apply for work permit, she maybe granted.

I personally was sponsored inland 15 something years ago by my ex and I was granted open work permit while waiting for the application.

[ThomasC]

The post from Leon is quite complete. Interesting and useful.

The part that really answers my question is th one about the open work permit waiting for the application, that would really help our situation. Do you know where to apply for that visa ?

I guess we'll get married or wait a few months to get the full year for common law. All the bills and the lease are under my name. I guess I could change that. Does letters from family and the landlord and friends help to build the case, messages exchanged and all that if we don't have bills really. Also is there a way to get our status as common law spouses recognized by a court before applying (a friend of mine did that in Ukraine but I wondered for Canada if we do have that option ).

And thank you so much for your prompt answers !!

[CharlieD10]

You may find it faster to sponsor her through Paris, rather than going the Inland route.  One Feb 2011 applicant has already received PPR from Paris. (total processing time of 5 months).  She would be eligible to begin working as soon as she receives PR, instead of waiting 10 months for an OWP.

[scylla]

As CharlieD10 said:

If you apply inland - she will qualify for an open work permit at approximately the 9/10 month mark.

If you apply outland - she will be able to work (qualify for a SIN) after her file is approved and she lands. The total processing time for the outland application should be less than the 9/10 months it will take to complete the first stage of processing for inland.

Her other option is to find an employer in Canada who is willing to obtain a Labour Market Opinion (i.e. prove he has to hire her because he could not find a Canadian to hire for the job) and then apply for a closed work permit (i.e. work permit attached to that specific employer).

[mercur]

She can apply online for work permit at [Sorry I can't post links] the CIC website, but what Charlie says is true. It's much faster to sponsor her outlaid providing that you are married or fit in the common in law criteria.

[ThomasC]

it takes 10 months to get an OWP permit. That changes things as well. It is a complicated process. I guess doing the outland is better. And try a temporary quebec working permit in the mean time if she finds an employer willing to do so.

And those two months she just spent in France visiting family and settling her things there count in our common law if her stuff and cat and all are still with me ?

[canadianwoman]

For common law some breaks in the living together are OK, but I think the visa officer will feel 2 months is too long.

[Crillz]

Correct me if I am wrong but the IEC 1 year working holiday visa can be now done 2 times. Why doesn't she reapply for that and come to canada and spend the entire year living with you on a shared lease. Get a shared bank account and pay bills together.  Document your travels together, meetings with family and friends and communication together when apart. Once the year is up you guys should be ready to send a good application. Or get married I guess!

[canadianwoman]

I guess we'll get married or wait a few months to get the full year for common law. All the bills and the lease are under my name. I guess I could change that.

It is a lot easier to prove you lived together for one year if you have a lease in both names and the utility bills in both names. Get a joint bank account too.

Does letters from family and the landlord and friends help to build the case, messages exchanged and all that if we don't have bills really.

Yes, you can get an affidavit from the landlord stating that he/she knows you two have been living together as a couple for one year. Similar letters or affidavits from family and friends also help.

Also is there a way to get our status as common law spouses recognized by a court before applying (a friend of mine did that in Ukraine but I wondered for Canada if we do have that option ).

Even with this you would have to prove you have lived together for one year.