Common Law partner after 1 year on Experience Canada Visa

[Kuz]

Hello,

I plan to move to Canada shortly on a Experience Canada Visa to live with my girlfriend. I will be there for 1 year, which is the length of time required to qualify as a common law partner.

However, I need to apply for an extension of my visa to change it to Common Law 30 days BEFORE the Visa runs out. This means we'll have been living together for 11 months before i apply, and therefore will not qualify. I have several questions:

1) On the dates for the Common Law partner application, can i put that we've been living together full 12 months, as in post-date the "until" date a month, assuming that we will have completed the 1 year by the time my Experience Canada visa runs out

or

2) Can i enter Canada as a "visitor" for 90 days, living with my girlfriend, then leave for a day (she lives on the Canada/US border) and then re-enter with my Canadian Experience Visa (i.e hand my letter to them this time). This way, we will have been living together continously for 1 year three months before my 1 year visa runs out, and it'll be easy to prove...

or

3) Will it be easier to do the other way round. Live for a year with her, then change my visa to a visitor visa, so then we'll have completed one year 30 days before I apply for a Common Law visa. (or i could apply for a self-employed visa or ANY other type of visa before the 1 year visa runs out, then use THAT extended period to apply for Common Law visa?

Are any of these options feasible?

Thanks

 

[scylla]

I'll help you with one question. Don't submit the PR application until you are actually common law (i.e. until you have actually lived together for at least one full year). Post-dating the application won't work. You need to qualify before you apply.

 

[Kuz]

So here's my tactic... after my 1 year runs out (or 30 days before) i'll apply for an extension...

1) while that extension is benig processed, can i THEN also apply for Common Law? Sounds ridiculous that i could, but i'd just want clarity on my options

or

2) Can i visit Canada on a 90 days tourist visa, then LEAVE the country and re-enter with a 1 year temporary work permit - could i then count those 90 days + 1 year (or however much of that is run) as going towards the 12 months of our Common Law relationship?

 

[Kuz]

bump!

 

[Kuz]

Any help here?

I guess my main question is: Coming from a visa waiver country. Can I arrive in Canada as visitor (having already received my Letter of Introduction) several months BEFORE I cross the border again (she lives in a town RIGHT on the border) and hand in my letter to customs to receive my work permit?

Is this feasible?

This would establish my relationship with her well before the one year runs out and then I can apply for Common Law.

If CIC ask me why i'm entering as a visitor when i have a Letter of Introduction, I'll say i wanted to get a head start and scout around for jobs and appartments before my official year started.

Do people do that? Is that a workable solution?

The only troubling thing is that i found this on the CIC website:

http://www.canadainternational.gc.ca/germany-allemagne/visas/faq.aspx?lang=eng&view=d#b4

4. Can I enter Canada as a visitor before my work permit has been issued?

If you are a visa-exempt national, we cannot hinder you to travel to Canada before obtaining your work/study permit. However, we strongly advise against it. You may be refused entry into Canada. A work permit can only be issued upon entering Canada from outside. Even if we issue you with a permit letter, you will, nonetheless, have to leave Canada and re-enter to have your work permit validated.

 

[Elizabeth Joe]

From my point of view, there shouldn't be a problem with it, but since you will have to change your status after you work visa expires, anyway, you could do it the other way around.
Be in Canada on a work visa for one year
Either send an app for visitor visa and show proof that you plan on applying for PR
or leave and enter again as a visitor.
then apply for PR

 

[CharlieD10]

I would suggest you do it this way: enter on your work visa, then at least 30 days before it expires, submit the application to vary your status to that of visitor. You are visa-exempt, you would already have been in the country for 11 months, it is highly unlikely that if you provide all the necessary documents and proof you will have an issue getting the change of status. It is acceptable for you to mention in your application for change of status that you wish to remain in-country to qualify for common-law status as your partner will be sponsoring you for PR.

Meanwhile, prepare to submit your common-law spousal application at the end of 12 months. You can't post-date the application, because when you submit the proof it must be clear that you continuously cohabited for AT LEAST 12 months. The 12 months is a minimum standard, they will not assume you reached that standard AFTER submitting the application.

 

[Kuz]

^^ Yeah, my only problem with that is that I wont be able to WORK on a visitors visa, and then it could take another year to process my Common Law residency - so that'd be over a year i'm not earning any money and her supporting me.

If i ask to transfer to common law straight away at the end of my Experience Canada visa, then i get Implied Status (i think) which means i can carry on working as part of the Working Holiday Programme until my Common Law becomes official...

.... However, I have discovered a new thing. It's called Conjugal Partner. One of the criterias of Conjugal Partner visa is that there is an impediment to us living together for the full year - i.e my visa running out. Saynig that we should have got married isn't a barrier because, from what i read, in a Supreme Court ruling, this means FORCING peopel to get marraige, so cannot be used as a barrier. As long as we entwine or our affairs together, then we should be able to switch to Conjugal Partner relatively easily. I think. This is what i got off one fo their documents.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

pg33-34

Factor Details

Length of time relationship has existed

Because a conjugal relationship means interdependency, mutual
commitment and exclusivity, such a relationship is not established
immediately when two people meet or when they start to date or even
necessarily when they begin a sexual relationship. A conjugal
relationship builds over a period of time. Officers must assess the facts
of each case individually; however, in general terms, most conjugal
partners will likely have known one another for more than one year.

Amount of time spenttogether

How many times and for how long at a stretch have the two been
together? Evidence may take the form of airline tickets, receipts from
vacations, visas, passports, leave forms from work etc.

Reasons why couple has been unable to cohabit continuously for
one year

The applicant should be able to explain why they have not been able to
cohabit continuously for one year. For example, there may be legal
impediments to a common country of residence. The partners might not
have been able to obtain long-stay visas or immigrant visas for one
another’s countries. If they could have lived together, but chose not to,
then it is reasonable for the officer to question whether the relationship is
a conjugal relationship.

Evidence showing how the long- distance relationship has been
maintained

The volume, regularity and style of the communication between partners
should be considered, e.g., long distance calls and other communication,
e-mails, letters, recognition of each other’s significant events, family
functions, etc.

Evidence of efforts to live in the same country

Airline tickets, visas, work permits, study permits, visa denials, denials of
recognition of credentials.

We have known each other for 10 YEARS. We've spent xmas's and bdays together. We got emails and other records going back that long. Last November-December i spent ONE MONTH with her.

So, from what i can see, i'm a perfect candidate for Conjugal Partner - no??

 

[Kuz]

I've also just noticed this, in the same document, in our favour

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

pg35

However, applicants are also obliged to inform the Department if aspects of their life change prior
to the finalization of their case, including their marital/conjugal status. If their conjugal relationship
changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the
applicant and sponsor marry), then officers should make adjustments to the application (i.e.,
coding) and should proceed with processing in terms of the new conjugal relationship. (See 13.1
for guidance on procedures regarding technically illegal marriages). Until further notice, applicants
whose marital status changes following a refusal decision—for example, following the refusal of
their conjugal-partner application the sponsor marries the applicant—should be counselled to
reapply under the appropriate category— in the above example, FC1.

So that means, if we apply as Conjugal Partners 30 days before my visa runs out, and then by the time the application is processed we become Common-Law (as in having lived together for ONE YEAR) then th Immigration Officer can change our application to Common Law provided a refusal hasn't alraedy happened.

OMG, this seems so doable.

Damn Canada, you have pretty lax immigration policies, you'd never get away with that shit in the US ;D

 

[Irishladyloo]

As far as I know, Conjugal Partnership is the most difficult to prove, so you should consider that before you decide to go that route.

If you are applying in-land (and I assume you are, since you're talking about implied status/work permits during the application), please know that it takes 11-12 months for sponsorship to be approved. During this 11-12 months, you won't be able to get a work permit based on the fact that you've applied for permanent residency -- you'll have to get it another way.

You mentioned you're going on an experience canada visa... I don't know where you're from (or even if this applies to you), but I know residents of some countries (Ireland, for example) can apply for the Experience Canada visa more than once. You should check if this applies to you. This means you could spend the first year living in Canada with your spouse (and working, obviously) and apply for another Experience visa for the year immediately following. Since you already know how long that takes, you should know when you need to apply for it. When the initial work visa runs out, you file your PR app and then you leave and re-enter with the second letter of introduction. This should just about cover you for the year it will take for your partner to get approved as a spouse. After that, you can get a work visa based on the fact that you're applying on permanent residency.

That would be my course of action, at least. Again, you should check if it's allowed for the country you're from.

 

[Kuz]

Nah, I'm already 30. I'm hoping to get my IEC by getting the application IN before my 31st, so can't do that for a consecutive year.

Also - you are telling me if i'm on a work visa, and i apply for residency, this gives me Implied Status - then I can't work under the Implied Status until i get a decision ANYWAY?? Like Implied Status doesn't allow you to work regardless?? That's not what i read on the website...

Also... people keep telling me that Conjugal Parnership is the most difficult, but relatively it may be, but I haven't seen much evidence for this. As in read on this forum of people trying and failing and the reasons why they fail. In fact, I just read of a forum member Elkan who got a Conjugal Parnership visa a NEVER lived together, only had a 16 month online relationship to draw upon, but had all the necessary documents of having entwined their lives together ("life insurance policies, last will & testament, pension plan beneficiary designations, joint credit card statements, skype chat logs, conversations via email about apartments with 6 month leases in Toronto")

http://www.canadavisa.com/canada-immigration-discussion-board/another-successful-conjugal-sponsorship-application-t71563.0.html

They'd only KNOWN each other for 16 months. I've known my girlfriend for 10 YEARS. We have mountains of emails and chats and photographs to draw on. And we can start the process of getting joint accounts and wills and life insurance etc.. now - which will mean its all but Common Law.

My situation seems water tight, if not more so, than Elkan's, no?

 

[Kuz]

As for "Implied Status", seems a bit vague, I just read this on a CIC documents

http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf

pg27

24. Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.
A temporary resident with implied

Not sure what this means, and wonder if someone can clarify. I can only get an Implied Status if i reapply for the SAME visa??? That I have to apply for IEC extension to get a work permit - as this was the visa i entered on?

But i can't apply for IEC anyway, as i'll be over 31. So if i'm applying for a different visa inland, i can still get a temporary resident extension but NOT have my work permit extended until a decision is made??? That makes no sense...

On this website:

http://www.cic.gc.ca/english/visit/extend-stay.asp

If you wish to extend your status date, you should apply 30 days before your status expires in order to do any of the following:

* extend your visitor, student or work status
* change the type of permit you hold (for example, from a student to a work permit)
* change a condition of your permit (for example, if you are studying and you want to change schools, or if you are working and your want to change jobs)

Detailed information on how to apply to extend your stay is available on CIC’s website.

Implied status

If your temporary resident visa expires after you have submitted your application for an extension of your authorization to remain in Canada, up to and including the expiry date of your visitor visa, you will be considered in status as a temporary resident until a decision is made on the application. This is known as an Implied Status.



This doesn't distinguish between CHANGING status - it says any kind of extension application will lead to Implied Status - and the one above says that during Implied Status the conditions of your previous visa (i.e work permit visa) will continue until a decision is reached.

Am I misunderstanding something?

Thanks!

 

[Kuz]

To be honest, I intend to be working as a freelance writer, hence self-employed - so that probably means I don't need a "work permit" anyway - right?

 

[Irishladyloo]

Nah, I'm already 30. I'm hoping to get my IEC by getting the application IN before my 31st, so can't do that for a consecutive year.

Also - you are telling me if i'm on a work visa, and i apply for residency, this gives me Implied Status - then I can't work under the Implied Status until i get a decision ANYWAY?? Like Implied Status doesn't allow you to work regardless?? That's not what i read on the website...

Also... people keep telling me that Conjugal Parnership is the most difficult, but relatively it may be, but I haven't seen much evidence for this. As in read on this forum of people trying and failing and the reasons why they fail. In fact, I just read of a forum member Elkan who got a Conjugal Parnership visa a NEVER lived together, only had a 16 month online relationship to draw upon, but had all the necessary documents of having entwined their lives together ("life insurance policies, last will & testament, pension plan beneficiary designations, joint credit card statements, skype chat logs, conversations via email about apartments with 6 month leases in Toronto")

http://www.canadavisa.com/canada-immigration-discussion-board/another-successful-conjugal-sponsorship-application-t71563.0.html

They'd only KNOWN each other for 16 months. I've known my girlfriend for 10 YEARS. We have mountains of emails and chats and photographs to draw on. And we can start the process of getting joint accounts and wills and life insurance etc.. now - which will mean its all but Common Law.

My situation seems water tight, if not more so, than Elkan's, no?

As far as conjugal vs. common-law is concerned, of course, you know what's best for you. The only information you gave in your initial post was that you and your girlfriend were about to live together for the first time. I always try not to assume anything from reading people's posts so I was just advising you that if you were considering conjugal partnership route because you may not be able to fit the living requirements, be sure to know that it is generally believed to be harder to prove. As you said, your relationship is a long one, so it shouldn't be a problem if you decide to go that route.

The whole implied status thing is something I've only had experience with as a tourist/visitor visa holder applying for an extension. I was given implied status while it processed (August - December), but as my original visa didn't allow me to work, it didn't mean much of anything to me.

Not sure about the freelance writer thing. I do know members of the media working for foreign companies don't need one (see here: http://www.cic.gc.ca/english/work/apply-who-nopermit.asp#news), but I don't think this applies to freelancers.

 

[Kuz]

Aight, cool, thanks for your help!