APPLYING FOR PERMANENT RESIDENCE WITHIN CANADA: SPOUSE (LIVE IN CAREGIVER)

[21north]

Hi. I need some help.
Im here in Canada from 2013/ okt , i have a work visa for 3 year. I meet here whit my girlfriend. She worked like a caregiver until March. After she had a stroke. I meet her when she was on rehabilitation, in july 2014. From august we are a cuple and from sept we living together. She still unable to work but her visa will expire in this year july. She doesent have 2 year work like caregiver. I soon going to apply for PR . I want to help her to stay in Canada. What is my options to help her? How i see the only possible legal way if i married with her and after i send my PR? Sorry for my english.

 

[Leon]

If you marry her and if your job is skilled, you can apply for her open work permit based on your work permit. If your job is not skilled, she may be able to change her status to TRV in order to stay in Canada, however, she might not have health care.

You will include her on your PR application so she can get PR when you do.

 

[21north]

Thanks for the answer. Im a skilled worker. Doese make any changes that she is Phillipin?

 

[Leon]

Thanks for the answer. Im a skilled worker. Doese make any changes that she is Phillipin?

No, it does not matter where she is from.

 

[21north]

Is it true : philippines dont need visa any more to come in Canada? If its true what effect it have on those who already here and the visa what they have soon expire?

 

[PMM]

Hi

Is it true : philippines dont need visa any more to come in Canada? If its true what effect it have on those who already here and the visa what they have soon expire?

1. No.

 

[21north]

thanks. I have more questions. Now we going to married to after we can apply for an Open permit for her ,but her visa will expire in July. Do we have to apply for another visa or we need to apply for an extension or because we married already she don't need separate visa anymore she can stay until my visa is valid.(im a skilled worker). Im a bit confused about how is these things going, i never married before.

 

[21north]

Please help?

 

[21north]

Hi. Now we are married , what should be the next step to she can stay here with me?

 

[Leon]

Hi. Now we are married , what should be the next step to she can stay here with me?

You have to apply for her open work permit based on your work permit:

If your spouse wants to work in Canada

If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same rules as you do. This includes their employer getting an LMIA from Employment and Social Development Canada/Service Canada, if needed.

Your spouse or common-law partner can apply for an open work permit if you are:

* approved to work in Canada for six months or longer, and
* doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have an open work permit (e.g. post-graduation work permit, International Experience Canada, et cetera) your spouse must attach a copy of your work permit to their application for an open work permit, along with a:

* letter from your current employer that confirms you work there in a NOC 0, A or B occupation, or a copy of your employment offer or contract, and
* copy of your recent pay slips.

Your spouse’s permit will not be valid longer than yours.

You can use the forms to extend work permit to apply: http://www.cic.gc.ca/english/work/extend-stay.asp

 

[tintinarnido]

hi po pa help nmn po my mom is in decision made nung feb p po . and cic still no update till now . but on first week of this MONTH (MAY) di npo ma view ung status nya or update man lng sa ECAS . pero nkikita po name nya . pero wla npo ung ADDRESS and ung BOX NA INDICATED NA DECISION MADE name nlng po nya. pa help po . she's still no PPR and interview is this normal ?

 

[Maple- sampaguita19]

Can someone please enlighten me.
I was a live in caregiver, then in 2012, I applied for my permanent residency as a single person. In 2013, during the course of my application I got married in my country. Then when I was about to received my interview in Kitchener I informed the CIC about the change of my status . And that was in February of 2014. Then I started to include my husband in my application and cancelled my supposed to be interview. Then. In April 2014 I found out that his previous marriage was not had been dissolved( he was separated for 8 years, ex wife had a kid with current partner) I only knew this later on. But we have had able to fixed things . So my lawyer here adviced me to withdraw him on my application in my PR otherwise both of us will loose the chance of being approved. So I signed a document stating that I am withdrawing him as my spouse since our marriage is not accepted under our law. And he committed polygamy.
To cut the story short, in July 2014 I got my PR. And as I've said we able to fixed things. We are still in a relationship as husband and wife, things of the past were able to patch up. I want to start a family , but my problem is according to my lawyer I can't able to sponsor him now, EVER..and he needs to undergo rehabilitation after 5 years for him to be able to apply under his own. I just felt I'm helpless, I can't go back to my country and start all over again, and he can't come here..
Can someone please help me, advice on what other options I could get..please..

 

[Leon]

The law says if you marry during your processing, you must add your spouse or otherwise you can never sponsor them.

However, since you were not legally married when you got your PR, you were not eligible to include him so in my opinion, he would not fall under the clause of spouse not included can never be sponsored as you were not legally married at the time.

He should dissolve his marriage or get a divorce if he can so you can marry him legally. Then you can try sponsoring him once you overcome his criminality / rehabilitation.

If he is unable to dissolve his marriage / get a divorce but you still want him, you can move back and join him in your home country for 1 year. After that, you can return to Canada and apply to sponsor him as your common law.