bringing girlfriend to live with me.

[movycocola]

I was hoping to you could shed some light on a rather complicated situation I'm facing at the moment.

I’d like to bring my girlfriend to live in Canada and am looking for a quick and legal way to make it happen. She’s a Mexican national with post-secondary studies completed in Mexico. Currently holds valid US and Canadian Tourist Visas. We have been together since March 2013.

The issue: I’ve been legally separated since June 2013 and my divorce will not be finalized until June/July 2014. I’d like to live with my partner as common law until the divorce is finalized. I know that sponsorship is out of the question because we aren’t related and/or married. I also understand that Mexican Nationals entering Canada with Tourist visas must return to Mexico within 90 days and are not allowed to work or enroll in school.

We want to live as common law while my divorce gets finalized, after which the goal is to get married and apply for permanent residency. She would also like to work or study during this time and are looking for the best visa to obtain (student/caregiver/other work placement).

I understand immigration Canada is tightening its laws to deter foreigners from entering the country under false pretenses. We have sufficient evidence (emails/photos/airline tickets/phone records) to prove that our relationship, although long distance, is 100% legitimate.

Any insight you can provide will be greatly appreciated!

 

[scylla]

She can apply to extend her stay once she is in Canada. If you say that you are working on living together for a year so that you can qualify to sponsor her as your common law partner - the extension should be approved.

She can study without a study permit as long as the entire duration of her studies is six months or less. If she decides to work towards a degree or diploma or other certification that will take more than six months to complete, she will need a student visa. I would encourage you to check out foreign student tuition fees if you haven't done so already. They are quite high.

In order to work, she will first need to find an employer who is willing to hire her. That employer will then have to obtain an approved Labour Market Opinion and as part of this process prove the job was advertised and no Canadian could be found for the role. If the LMO is approved, she can then apply for a work permit. Depending on the job, she might also need to complete a medical.

The live-in caregiver program is not a good option for her since it requires that she live in the home where she is providing care - which would prevent you from living together to become common law. Hope this helps.

 

[movycocola]

Thanks for the quick reply scylla.
So she is OK to visit Canada as a Tourist and then after the 90th day begin her application for permanent residency under common law? Are you able to recommend any lawyers that can handle our case?

Thanks once again!

 

[scylla]

Thanks for the quick reply scylla.
So she is OK to visit Canada as a Tourist and then after the 90th day begin her application for permanent residency under common law? Are you able to recommend any lawyers that can handle our case?

Thanks once again!

You'll need one full year of living together at the same address before you can apply for PR under common law (or get married first). So no - 90 days of living together won't do it. What I was saying is that before the 90 days runs out, you can apply to extend her visit in Canada - using the reason that you want to continue living together to qualify as common law.

I don't really know of any good lawyers. Most of us here have done it ourselves.

 

[movycocola]

thanks for clarifying - you've been extremely helpful!