Who can sponsor me ....

[nicknick]

Hey there

Tried searching but not finding the answers im looking for .....

My girlfriend and I are over in Canada at the moment (both UK passport holders). We meet all the requirements for Common Law Partners from living back in the UK together and living together now.

Im currently on a working holiday VISA (which lasts 1 year), but she is working as a physio and has her visa through her job (ie has the VISA while she is working there). Can she sponsor me?

Im a bit confused because only Canadian Citizens (which she isnt) and permanent residents can sponsor a common law partner, but unsure if she is classes as this or not? From some basic research I believe she has obtained a Canadian permanent residence when she entered with her VISA, so am guessing it would be fine.

Any help / pointers much appreciated.

Nick

Thanks a lot in advance

Nick

[irishred]

No, she cannot sponsor you as if she has a work permit( you say visa but I assume you mean work permit ) this does not make her a permanent resident. She is a temporary resident.
That would be my opinion. But perhaps some of the more senior members can answer your question

[scylla]

I think it's extremely unlikely your girlfriend has permanent residency. She would have known if she had applied for PR. The application process is long and complicated - and takes many months if not years to complete. It includes many forms, police certificates and a medical. Plus she would have had to have included you in her application (since you're common law) and you would have submitted police certificates and medicals as well. On top of all of that, you would have included proof in your joint application to support the fact that you're in a common law relationship. Finally, when your girlfriend entered Canada, she would have gone through a special process to "land" in Canada and become a permanent resident. AND - you would have gotten PR along with her.

Based on your description, she has a work permit. She can't sponsor you through family class on a work permit. She would have to be a PR or citizen (as you correctly said in your post).

Sorry!

[nicknick]

Just to bring this back to the forefront - I think you might be wrong.

Looking on the CIC page, about work permits:
 cic.gc.ca/english/information/faq/work/index.asp

Especially this section:
"Can my spouse or common-law partner and dependent children come with me to Canada?
Your spouse or common-law partner and children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada: they must satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record. If your spouse or common-law partner and children need temporary resident visas, they must also meet all the conditions for obtaining those visas."

So Im pretty sure I can get a VISA for the duration that she is working here (or more accurately how long her work permit lasts for).

Thought this may help others who read this. Let me know if Im wrong however,

[shamsia]

But what you quoted here is talking about living 'temporarily', while you are talking about living 'permanently'. A spouse with a work permit (which your partner has) can bring over his/her family to Canada for a visit, but cannot sponsor them so that they obtain permanent residence visas.

[suzanne_m]

Just to clarify, in Canadian Immigration terms, sponsorship is part of the process of applying for Canadian permanent residency.

Sponsorship is not part of the working permit or temporary resident visa.

You are eligible to obtain an open work permit because your spouse has a work permit, but she does not sponsor you, merely declares you as her spouse. Hope that helps!