Conjugal partner of a Canadian citizen

[beckylovesamber]

Hello, I was wondering if anyone could provide any suggestions or the best solution to the situation my partner and I are in at the moment. I will try and keep it brief.

I am a UK citizen with no visa or permit to stay in Canada. My partner is a Canadian citizen currently working in Italy on a temporary working holiday. She has to return to Canada in October when her permit runs out.
We have been dating since September 2012, although we do not live in the same country we make ever effort possible to meet up whenever convenient and when we are apart we Skype 24 hours a day.
We are unable to live together because of work commitments in our countries of residence but we are both determined to spend the rest of our lives together in Canada once all of the formalities and paperwork are out of the way.

My partner has work commitments in Italy until at least July, preventing us from living together. But all being well she will move to England and live with me until she has to return to Canada in October.

So, we thought, the easiest way for me to stay permanently stay in Canada would be for my partner to sponsor me as a conjugal partner.
We have a few obstacles in our way though.
Will it matter that my Canadian partner is currently in Italy and will then move to England as a visitor?
Do work commitments in different countries count as a valid reason for not physically living together?
If I get accepted and can stay in Canada as a sponsored person, am I free to work and study?
I'm sure we have a million more questions but I can't actually think of everything I wanted to ask now so I'll leave it there for now.

Any suggestions or stories from people in similar situations would be greatly appreciated.
Becky

 

[Rob_TO]

Simply put, you will NOT qualify for conjugal so there is no point even trying.

Conjugal is meant for actual legal barriers to get married or live together. Things like money, job, family etc, are NOT viable reasons to the CIC. You will need to get married or live 1-year continuous together, if you want to do an application.

You can be common-law by living 6-months in one country, and then 6-months in another (usually the length of a visitor visa). As long as the 12 months living together is continuous.

 

[scylla]

Simply put, you will NOT qualify for conjugal so there is no point even trying.

Agreed.

 

[beckylovesamber]

Agreed.

Simply put, you will NOT qualify for conjugal so there is no point even trying.

Conjugal is meant for actual legal barriers to get married or live together. Things like money, job, family etc, are NOT viable reasons to the CIC. You will need to get married or live 1-year continuous together, if you want to do an application.

You can be common-law by living 6-months in one country, and then 6-months in another (usually the length of a visitor visa). As long as the 12 months living together is continuous.

Thank you both, not the answer I hoped for but at least we won't be wasting time applying under those grounds.

If she moves to England in July and her working holiday permit for Italy expires in October, does this mean she has to return to Canada or would she be allowed an additional 6 months in the UK as a visitor?
I am thinking, if she is allowed a full 6 months here with me in the UK, then I return to Canada with her on a temporary work permit for 6 months, this should then be enough to take the sponsorship route if I haven't secured a full time job and can't extend my working permit that way?

Or am I over complicating this? The more I read the more I am confusing myself. Could you suggest anything for direct and less complicated?

Also, if I enter Canada on a temporary workers visa, would any employer still need to do all of the LMO work before employing me?

 

[Rob_TO]

If she moves to England in July and her working holiday permit for Italy expires in October, does this mean she has to return to Canada or would she be allowed an additional 6 months in the UK as a visitor?

I always thought for Canadians, just visiting the UK is pretty easy. Just need to exit/re-enter the country, and could get the 6-month visitor visa renewed. Not completely sure though.

I am thinking, if she is allowed a full 6 months here with me in the UK, then I return to Canada with her on a temporary work permit for 6 months, this should then be enough to take the sponsorship route if I haven't secured a full time job and can't extend my working permit that way?

Yes indeed. You can live 6 months in the UK, and then travel to Canada together and live 6 months here, and you would then be common-law. If you go this route, make sure to start collecting documents and proofs that will show all this.

Or am I over complicating this? The more I read the more I am confusing myself. Could you suggest anything for direct and less complicated?

Yes. Get married!

Also, if I enter Canada on a temporary workers visa, would any employer still need to do all of the LMO work before employing me?

Depending on your age and situation, you can apply for a 1-year open work permit to Canada. There is no need for LMOs or anything in this case, as you could look for work freely here from any employer.

 

[Gary_87]

Look into the iec! It'll open soon! Live together for a year and then file the application! Or, lice in the uk until october, go to canada on the iec, then apply for commonlaw after you've been together for one year. Apply outland so you can work during the majority of the processing!

 

[beckylovesamber]

I always thought for Canadians, just visiting the UK is pretty easy. Just need to exit/re-enter the country, and could get the 6-month visitor visa renewed. Not completely sure though.

Yes indeed. You can live 6 months in the UK, and then travel to Canada together and live 6 months here, and you would then be common-law. If you go this route, make sure to start collecting documents and proofs that will show all this.

Yes. Get married!

Depending on your age and situation, you can apply for a 1-year open work permit to Canada. There is no need for LMOs or anything in this case, as you could look for work freely here from any employer.

I thought that too but she is concerned that because the Italian work permit expires in October, that's when Canada say she has to go back. I'm guessing this isn't the case?
We are already collecting documents and proof so that shouldn't be a problem.

"Get married!" That we have considered. Which way round is best? In the UK and then move back to Canada as a same sex partnership and continue with the sponsorship route?

I am 33 and currently in full time work as an IT Engineer, would I qualify for an open work permit?

Look into the iec! It'll open soon! Live together for a year and then file the application! Or, lice in the uk until october, go to canada on the iec, then apply for commonlaw after you've been together for one year. Apply outland so you can work during the majority of the processing!

I looked at IEC, isn't that just for Irish citizens or is there a UK equivalent? I am 33 so I'm not sure if I'm too old

 

[Rob_TO]

"Get married!" That we have considered. Which way round is best? In the UK and then move back to Canada as a same sex partnership and continue with the sponsorship route?

You can get married anywhere in the world that allows same-sex marriage. No difference to CIC if it was done in Canada or not.

However in your case, you mentioned you only started dating in Sept 2012. Keep in mind that a wedding after dating such a short time, and then applying for PR... looks very suspicious and would raise a red flag. There is no specific rule but in general the longer you date before getting married the better (the standard is probably around a year). Also it's highly recommended to involve as many friends/family in the wedding as possible to convince the VO it was not just for convenience of immigration.

Can't help with the UK visa questions, but am sure others can.

 

[scylla]

I looked at IEC, isn't that just for Irish citizens or is there a UK equivalent?

There are IEC programs for several different countries. The UK is one of them.

 

[beckylovesamber]

There are IEC programs for several different countries. The UK is one of them.

I found the UK version, the age range is 18-30, I am too old but thanks for the suggestion.

You can get married anywhere in the world that allows same-sex marriage. No difference to CIC if it was done in Canada or not.

However in your case, you mentioned you only started dating in Sept 2012. Keep in mind that a wedding after dating such a short time, and then applying for PR... looks very suspicious and would raise a red flag. There is no specific rule but in general the longer you date before getting married the better (the standard is probably around a year). Also it's highly recommended to involve as many friends/family in the wedding as possible to convince the VO it was not just for convenience of immigration.

Can't help with the UK visa questions, but am sure others can.

Comment about the short length of the relationship noted. Probably best to for us to ensure we spend 12 months living together first before we go down that route then. Why do they make it so difficult for the legitimate people who just want to be together and honestly work? Thanks for your help Rob.

Is there anyone that could comment on my eligibility for an open work permit? From what I see on the CIC website I don't fall into any category to apply.

 

[scylla]

Why do they make it so difficult for the legitimate people who just want to be together and honestly work?

Too many scammers in the past have faked marriages / relationships to secure immigration status. Short relationships fall under greater scrutiny because there's a higher chance the relationship is fraudulent. Unfortunately you're paying the price for what others have done in the past (and continue to do today).

 

[beckylovesamber]

Too many scammers in the past have faked marriages / relationships to secure immigration status. Short relationships fall under greater scrutiny because there's a higher chance the relationship is fraudulent. Unfortunately you're paying the price for what others have done in the past (and continue to do today).

Yeah I suppose they have to be as careful as possible so they don't just let anyone in. I'm sure if it was the other way around it wouldn't be so hard for my partner to live in the UK permanently, but that's something I won't get into on here! Thanks for your help Scylla!

 

[Gary_87]

The only way for you to get an owp then is to apply for commonlaw relationship inland. This would mean a few things:

First, you will need to have lived together for a year and be able to prove it. Once that's done then you apply for commonlaw inland. Once stage 1 (approval of your canadian partner) is complete then you get the owp (after approx 6 months).

Its a really long road though. Basically the beat way for you to deal with this quickly is to get married but do be careful of the things rob mentioned.

The other option is to live together for 1 year in the uk and canada. Your partner a visitor or worker if she is entitled to in the uk and then you a visitor in canada and then apply for commonlaw outland. It'll be quicker I. The long run and you'd be working in the same time.

Either way, to work in canada is going to take you at least 18 months. Unless you are married or find an employer willing to sponsor you.

 

[beckylovesamber]

The only way for you to get an owp then is to apply for commonlaw relationship inland. This would mean a few things:

First, you will need to have lived together for a year and be able to prove it. Once that's done then you apply for commonlaw inland. Once stage 1 (approval of your canadian partner) is complete then you get the owp (after approx 6 months).

Its a really long road though. Basically the beat way for you to deal with this quickly is to get married but do be careful of the things rob mentioned.

The other option is to live together for 1 year in the uk and canada. Your partner a visitor or worker if she is entitled to in the uk and then you a visitor in canada and then apply for commonlaw outland. It'll be quicker I. The long run and you'd be working in the same time.

Either way, to work in canada is going to take you at least 18 months. Unless you are married or find an employer willing to sponsor you.

Wow it is really a long and complicated road agreed! Ok, I think the best option is for her to come to the UK for 6 months, then be to join her for 6 months in Canada. Once the 12 month time frame is out of the way it looks like a lot more options are opened up to us.
I did forget to mention I think I fall into the Skilled workers and professionals category (NOC2282 I think), my only issue being that I cannot find pre arranged work to apply for that visa and obtain enough points.

 

[Gary_87]

Depending on your job and where you intend to land you could look into the pnp program. I don't know a lot about it but maybe worth looking in to.

Live in the uk and work for 6 months. Go to canada and visit for 6 months. Effectivly take it in turns to support each other then apply!

It is a long road. But you also only at the beginning of your relationship.

Good luck!