FSW with arranged employment and Canadian common-law partner

[canadakiwi]

Hello!

I'm here in Canada from New Zealand on a 1-year working holiday visa. I have approximately 6 months left on this visa. I have employment as a software engineer, in a lead role - my company could not find anyone locally to fill this position. From discussion with other companies in the area, getting an LMO for this kind of position is near impossible, though.

From my research, the best option for me to stay here permanently is through the FSW program. The problem is, my partner is Canadian. She moved over here with me from New Zealand - she hasn't lived in Canada for over 10 years. I've been going through the FSW application process and including her as my common-law partner (we've lived together for 3 years now), and I've reached the payment form... and it wants me to pay $550 for her to apply. She doesn't need a visa; she's a citizen. I'd rather not pay $550 for that.

Should I simply remove her from the application altogether? I'd like to include her, in some form, as I imagine it looks better (as I have greater ties to Canada through her - where as I have none apart from my job, if I apply on my own) - but I don't want to go through the partner-visa process, as I understand the wait time for that is ~2 years.

Thoughts on this?

Thanks!

 

[canadakiwi]

I've done a little more research on this. It appears that I must declare my common-law partner, which makes sense. But then, it also appears that I have to pay for her on the application, even though she's a Canadian citizen. That's pretty ridiculous - and I can't find anything online detailing whether I have to pay for people listed on the form who're already citizens.

I've also stumbled across this, which I somehow haven't seen before in over 6 months of looking at this process: "Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class (IMM 5289)". Is it correct that if we apply for my permanent residence as a spouse from within Canada that we can just extend my work visa until that is approved? That form looks significantly simpler. The only possible issue there is that in her adult life she's only lived here the last 6 months - she left when was 11 - so doesn't have a credit history etc. Not sure if that sort of thing is looked at during the application.

Any help/advice would be appreciated!

 

[susana]

Hello !

The problem is that you are inluding your wife on the IMM0008 application form. You are the only apllicant so take your wife off from this CIC form.

You only have to declare her on the additional family information form IMM 5406.

Regards

 

[susana]

I've done a little more research on this. It appears that I must declare my common-law partner, which makes sense. But then, it also appears that I have to pay for her on the application, even though she's a Canadian citizen. That's pretty ridiculous - and I can't find anything online detailing whether I have to pay for people listed on the form who're already citizens.

I've also stumbled across this, which I somehow haven't seen before in over 6 months of looking at this process: "Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class (IMM 5289)". Is it correct that if we apply for my permanent residence as a spouse from within Canada that we can just extend my work visa until that is approved? That form looks significantly simpler. The only possible issue there is that in her adult life she's only lived here the last 6 months - she left when was 11 - so doesn't have a credit history etc. Not sure if that sort of thing is looked at during the application.

Any help/advice would be appreciated!

You cannot extend your current work permit if you apply for the inlamd spousal/common law partner sponsorhip, as the IEC work permits don't benefit for implied status. Apply on your own, current processing times for the first stage approval on inland applications is 13 months. You will have to stop working as soon as your wp expires. If you have arranged employment, you are not subject to the cap and you can get your PR faster.

 

[canadakiwi]

Hello !

The problem is that you are inluding your wife on the IMM0008 application form. You are the only apllicant so take your wife off from this CIC form.

You only have to declare her on the additional family information form IMM 5406.

Regards

Hi, thanks for your quick response! I haven't included her on the IMM0008 form, but she is on the IMM 5406 and 5669. My main confusion is about the fee payment form, IMM5620.

 

[canuck_in_uk]

If you and your partner are already common-law, you should seriously consider an OUTLAND sponsorship app. Sydney is a very fast office.

http://www.cic.gc.ca/english/information/applications/fc.asp

Regarding the FSW fee, it states in the guide that you must include ACCOMPANYING family member in the fee calculations. Your partner is not included in your app and therefore is not accompanying.