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common law

dj0010

Star Member
Jan 2, 2018
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Why not try to get a job offer and an LMIA? May be possible not sure if you are an RN or LPN. Would assume it might be possible especially for an RN.
i am an LPN, here in saskatchewan its hard to get lmia for lpn coz lots of lpns here already even for private institution. plus i work under sask health region they wont spend money for lmia.
 

jes_ON

VIP Member
Jun 22, 2009
12,092
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New York
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App. Filed.......
06-May-2010
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13-Aug-2010
File Transfer...
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30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
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03-Sep-2011
hello,
I am a student in BC, currently working in saskatchewan as a nurse. my gf a PR is a nurse too. we met in one of the work areas here in sask last year..... and my visa will expire january 31 or 2019. my questions are:

2. does it matter if i didnt apply for pgwp, coz our school is not eligible for pgwp? then proceed with the common law application?

3. After january i cant work as a student anymore. so i will change my status as visitor while waiting for the open work permit. ...
It does not matter to your PR application whether or not you apply for the PGWP.

HOWEVER - just a caution - it sounds like you are assuming you can work until your study permit expires, but this is not necessarily true. If you graduate (or stop studying) before the permit expires, you have to stop working, unless you apply for another work permit. You can remain in Canada until your permit expires, but you have to stop working when you stop being a student, unless you obtain a work permit.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html

"If your situation changes and you no longer meet all the requirements, you must stop working off-campus."

"You can work full-time:
  • during scheduled breaks, such as the winter and summer holidays or spring break, and
  • after you finish your studies if you have applied for any other work permit."
 

dj0010

Star Member
Jan 2, 2018
88
23
It does not matter to your PR application whether or not you apply for the PGWP.

HOWEVER - just a caution - it sounds like you are assuming you can work until your study permit expires, but this is not necessarily true. If you graduate (or stop studying) before the permit expires, you have to stop working, unless you apply for another work permit. You can remain in Canada until your permit expires, but you have to stop working when you stop being a student, unless you obtain a work permit.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html

"If your situation changes and you no longer meet all the requirements, you must stop working off-campus."

"You can work full-time:



    • during scheduled breaks, such as the winter and summer holidays or spring break, and
    • after you finish your studies if you have applied for any other work permit."
i do have a student work permit and a study permit until my visa expires ok january 31 2019 coz my course is not done yet. and i dont know if the immigration will be informed that i will be graduating coz we wont be able to apply for post work grad permit coz of the school is not eligible for pgwp.i am
maintaining 20 hrs per week though. but i am planning to stop working when i will start applying for common law this november.
 

jes_ON

VIP Member
Jun 22, 2009
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i do have a student work permit and a study permit until my visa expires ok january 31 2019 coz my course is not done yet. and i dont know if the immigration will be informed that i will be graduating .
I understand you are still studying, just saying you have to stop working when you finish. And yes of course, your school must inform IRCC when you graduate, its part of the DLI requirements.
 

dj0010

Star Member
Jan 2, 2018
88
23
I understand you are still studying, just saying you have to stop working when you finish. And yes of course, your school must inform IRCC when you graduate, its part of the DLI requirements.
okay thanks jes_ON i have a question is it okay to declare my partner in extended health insurance as beneficiary? even if we are not 1 year yet? and in my saskatchewan health card do we need to be 1 year living together before i can declare her too in my health card as common law partner?
 

jes_ON

VIP Member
Jun 22, 2009
12,092
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Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
okay thanks jes_ON i have a question is it okay to declare my partner in extended health insurance as beneficiary? even if we are not 1 year yet?

You would have to ask your benefits advisor and/or insurance company. It was OK for me in Ontario.


and in my saskatchewan health card do we need to be 1 year living together before i can declare her too in my health card as common law partner?

No idea abt Sask health system. There is no need for that in Ontario.
 

dj0010

Star Member
Jan 2, 2018
88
23
They started cohabiting in Nov 2017, so will not be common-law until later this year.
hello rob. my accountant told me to apply as common law this tax filing. but i called cra and they said apply as common law next years filing. i am confused. anyways, i will just update my cra account and put the date that we started living together. and will call again cra. anyways, i didnt put or declare my common law last May 2017 when i did my student permit extension. would that matter? we started living together end of october 2017. so i think it is safe because we started october.
 

Rob_TO

VIP Member
Nov 7, 2012
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Toronto
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hello rob. my accountant told me to apply as common law this tax filing. but i called cra and they said apply as common law next years filing. i am confused. anyways, i will just update my cra account and put the date that we started living together. and will call again cra. anyways, i didnt put or declare my common law last May 2017 when i did my student permit extension. would that matter? we started living together end of october 2017. so i think it is safe because we started october.
No, that is wrong. CRA doesn't care when you started living together, they only care about when you actually reach 1 year of cohabitation. This is when you become legally common-law for tax purposes. You are "single" until you've lived together 1 year.
 
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dj0010

Star Member
Jan 2, 2018
88
23
thanks. how about the issue that i didnt declare her last may 2017 when i did my student. visa extension? because we started living together october 2017.
 

canuck78

VIP Member
Jun 18, 2017
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Just realized this person said they were studying in BC yet was living with partner to try and get common law and working in SK. How is this possible?
 

dj0010

Star Member
Jan 2, 2018
88
23
i am a student in Bc, a program for nurses. if we are done with out classroom classes we can work anywhere in canada as long as it is affiliated with our school. to get a coop hours working as a nurse.