Best plan of action

[DomBz]

Hello everyone!

I am a Quebecois and I have a girlfriend in Australia (I'm 47 and she is 44). She visited for 3 weeks last year and I'm going for 3 weeks in September over there, then she is coming back here to live with me. She currently only has a visitor visa though.

From what we understand, we need to live 12 months together before she can apply for PR, is this correct? Do the months count if she is on a visitor visa (even if split as multiple visits) ? Could she switch from a visitor visa to a closed work permit ?

She is trying to get a closed work permit but so far no luck. We tried Job Bank, Indeed, LinkedIn and stuff like that.

Any tips on how to proceed ? Any information would be much appreciated as we are a bit lost.

 

[scylla]

Hello everyone!

I am a Quebecois and I have a girlfriend in Australia (I'm 47 and she is 44). She visited for 3 weeks last year and I'm going for 3 weeks in September over there, then she is coming back here to live with me. She currently only has a visitor visa though.

From what we understand, we need to live 12 months together before she can apply for PR, is this correct? Do the months count if she is on a visitor visa (even if split as multiple visits) ? Could she switch from a visitor visa to a closed work permit ?

She is trying to get a closed work permit but so far no luck. We tried Job Bank, Indeed, LinkedIn and stuff like that.

Any tips on how to proceed ? Any information would be much appreciated as we are a bit lost.

You need to live together continuously (without breaks) for one full year to be considered common law. Yes, this can be as a tourist or on a work permit or a combination of the two. But the key is that it must be continuous so the three weeks last year won't count for anything.

Getting a closed work permit is generally very difficult. No real advice apart from continuing to apply. Does she speak French fluently? Does she have any advanced degrees or areas of specialization or is she certified in a trade? Those are factors that may make it easier although still quite difficult since most employers aren't willing to go through the LMIA process.

 

[DomBz]

You need to live together continuously (without breaks) for one full year to be considered common law. Yes, this can be as a tourist or on a work permit or a combination of the two. But the key is that it must be continuous so the three weeks last year won't count for anything.

Getting a closed work permit is generally very difficult. No real advice apart from continuing to apply. Does she speak French fluently? Does she have any advanced degrees or areas of specialization or is she certified in a trade? Those are factors that may make it easier although still quite difficult since most employers aren't willing to go through the LMIA process.

Thank you for your response!

Very good to know for the continuous living together.

She only speaks english for now but started learning french. The french seems pretty much mandatory in Quebec, every company asks for it from what we've seen, even in Montreal. We've been trying Ontario as well but so far no luck either.

She is a personal assistant with 20+ years experience at the same company (big construction company, they make stadiums, shopping malls, defense contracts, etc.). No advanced degrees though.

 

[scylla]

Thank you for your response!

Very good to know for the continuous living together.

She only speaks english for now but started learning french. The french seems pretty much mandatory in Quebec, every company asks for it from what we've seen, even in Montreal. We've been trying Ontario as well but so far no luck either.

She is a personal assistant with 20+ years experience at the same company (big construction company, they make stadiums, shopping malls, defense contracts, etc.). No advanced degrees though.

Unfortunately that's really not an in demand occupation. I think the chances of securing a job offer with approved LMIA will be very low.

Does she have any options to work remotely for an employer outside of Canada who does not business in Canada? Alternatively, is she willing to remain in Canada for a year without working to qualify for common law sponsorship?

Make sure she takes out private health insurance.

 

[DomBz]

Unfortunately that's really not an in demand occupation. I think the chances of securing a job offer with approved LMIA will be very low.

Does she have any options to work remotely for an employer outside of Canada who does not business in Canada? Alternatively, is she willing to remain in Canada for a year without working to qualify for common law sponsorship?

Make sure she takes out private health insurance.

That's one thing we were wondering, so if her current company does not do business in Canada (which is the case), she could continue working for them from here? (although that might prove tricky with the timezone difference).

She'd be ok without working if need be, the problem is do we have enough money with just my salary to be ok, which is doubtful.

Yeah we're looking into private health insurance right now since I cannot add her to my current work insurance.

 

[scylla]

That's one thing we were wondering, so if her current company does not do business in Canada (which is the case), she could continue working for them from here? (although that might prove tricky with the timezone difference).

She'd be ok without working if need be, the problem is do we have enough money with just my salary to be ok, which is doubtful.

Yeah we're looking into private health insurance right now since I cannot add her to my current work insurance.

Yes, she can work for her company remotely provided of course they are OK with this arrangement and as you said, they have no customers / clients in Canada.

 

[DomBz]

Unfortunately that's really not an in demand occupation. I think the chances of securing a job offer with approved LMIA will be very low.

Does she have any options to work remotely for an employer outside of Canada who does not business in Canada? Alternatively, is she willing to remain in Canada for a year without working to qualify for common law sponsorship?

Make sure she takes out private health insurance.

The visitor visa is limited to 6 months I thought? How could we do 12 consecutive months with that visa?

 

[scylla]

The visitor visa is limited to 6 months I thought? How could we do 12 consecutive months with that visa?

She applies for a visitor record from within Canada to extend her stay.

 

[canuck78]

Assume you have also looked at processing time for spousal sponsorship in Quebec. Good chance you both will be over 50 when you get approved. She will get a WP when you get AOR for sponsorship.

 

[DomBz]

Assume you have also looked at processing time for spousal sponsorship in Quebec. Good chance you both will be over 50 when you get approved. She will get a WP when you get AOR for sponsorship.

Not sure what you mean? What does WP and AOR stand for?

 

[Naturgrl]

Not sure what you mean? What does WP and AOR stand for?

Work permit, Acknowledgment of receipt.

Once you are common law or married, she applies for PR. Once she has received AOR then she can apply for a WP.

 

[DomBz]

Work permit, Acknowledgment of receipt.

Once you are common law or married, she applies for PR. Once she has received AOR then she can apply for a WP.

Do you mean an open work permit?

From what we understand, we'd need a work permit now (closed I guess, since open seems impossible) and not a year from now, so she can work now.

 

[Naturgrl]

Do you mean an open work permit?

From what we understand, we'd need a work permit now (closed I guess, since open seems impossible) and not a year from now, so she can work now.

If applied for PR as your spouse then open work permit. If not then needs LMIA with closed work permit.

 

[cilin]

Just get married, then your wife can apply for open work permit to live in Canada.

 

[scylla]

Just get married, then your wife can apply for open work permit to live in Canada.

Not if the partner is a Canadian citizen or PR as in this case. Spousal sponsorship application needs to be submitted first.