Long-Distance Relationship + Immigration

[LoganHewitt]

Hello!

Bit of a story here: I'm a US citizen who moved here 3.5 years ago on a study visa. I graduated and received a post-grad work permit that lasts until 2019.

I'm applying for Permanent Residency, and I've submitted my name in the pool at 437 points, so I'm waiting on that. Problem is, I was planning to move my boyfriend up here, a US citizen currently living in California, as soon as possible. We've been together for over one year.

My original plan was to get the PR and then apply to sponsor him as a common-law partner, but I was told that he would not be able to work or anything in Canada. Is that true? Would he even qualify as a common-law partner, as we have never lived together?

My second plan was to include him as a common-law partner on my PR application, but I still don't know if he counts as a common-law partner in that case.

I would appreciate any advice on this! Thank you!

 

[russ6970]

AS far as I know, to qualify as a common law partner, you need to live together for at least a year

 

[scylla]

You are not common law. Common law requires you to have lived together continuously for at least one full year. In order to sponsor him or include him in your application, you must either be common law or married.

 

[LoganHewitt]

You are not common law. Common law requires you to have lived together continuously for at least one full year. In order to sponsor him or include him in your application, you must either be common law or married.

Is there a way to assist him in moving up here with me?

 

[scylla]

Is there a way to assist him in moving up here with me?

If you got married - there would be options.

As things stand now, he can only visit for short periods of time as a visitor. He cannot move here or live here. And if he tries, it's quite possible he may run into issues at the border.

If you're not ready to get married, then in order to move here, he would need to secure a job here so that he can get a work permit (this tends to be extremely difficult to do). Or he would need to come here on a study permit like you did.

 

[LoganHewitt]

If you got married - there would be options.

As things stand now, he can only visit for short periods of time as a visitor. He cannot move here or live here. And if he tries, it's quite possible he may run into issues at the border.

If you're not ready to get married, then in order to move here, he would need to secure a job here so that he can get a work permit (this tends to be extremely difficult to do). Or he would need to come here on a study permit like you did.

Understood, and if we did get married, it would still be an entire year before we could do anything about that.

 

[scylla]

Understood, and if we did get married, it would still be an entire year before we could do anything about that.

Not sure why you think that.

If you have a NOC A, B or 0 job and the two of you get married, he qualifies for an open work permit based on your PGWP and job.

 

[LoganHewitt]

Not sure why you think that.

If you have a NOC A, B or 0 job and the two of you get married, he qualifies for an open work permit based on your PGWP and job.

Ah, so we could sign some marriage documents and apply for sponsorship immediately? I have a NOC B job, and have held it for over a year.

Furthermore, could we apply as a conjugal partners? Or do we need some sort of legally binding document for that to be applicable?

 

[scylla]

Ah, so we could sign some marriage documents and apply for sponsorship immediately? I have a NOC B job, and have held it for over a year.

Furthermore, could we apply as a conjugal partners? Or do we need some sort of legally binding document for that to be applicable?

I'm not sure what you mean about signing some marriage documents. You would need to legally get married.

No - you would not apply to sponsor him. He would apply for a Spousal Open Work Permit based on your job.

No - you definitely do not qualify as a conjugal couple. Conjugal is for people who face immigration barriers that prevent them from getting married or becoming common law. You face no such barriers.

 

[LoganHewitt]

I'm not sure what you mean about signing some marriage documents. You would need to legally get married.

No - you would not apply to sponsor him. He would apply for a Spousal Open Work Permit based on your job.

No - you definitely do not qualify as a conjugal couple. Conjugal is for people who face immigration barriers that prevent them from getting married or becoming common law. You face no such barriers.

Ah, I think I understand. So, for us to move forward, we would have to be legally married, and he can apply for a Spousal Open Work Permit based on my job.

Thank you for your help!

 

[scylla]

Yes. Doesn't matter where you get married - either the US or Canada is fine.

 

[hamgha]

Ah, I think I understand. So, for us to move forward, we would have to be legally married, and he can apply for a Spousal Open Work Permit based on my job.

Thank you for your help!

or he cna apply for immigration on his own