General advice? :)

[DannyG]

Hello

I'd greatly appreciate it if you could help me understand a few things about applying for PR under CEC as a couple.

I've graduated from a Canadian university, and in spite of all my academic achievements, I struggled in this labor market so hard, that now I can't make the CEC requirements. My girlfriend, on the other hand, was really lucky to secure a good position soon after graduation and soon she will be applying for PR. We've been together for 5.5 years, 4 of which in Canada. We've been living together and can easily provide proof.

I really felt like getting PR on my own, but given the circumstances, I guess we'll have to apply together as partners in law. And the questions are:

a) How does this affect her chances of getting the PR?

b) I have 10.5 months of type 0-A experience, but can't use it to apply under CEC on my own since its eligibility will expire soon. I also have outstanding academic achievements. Do these kind of things matter at all when applying as the partner? (the point is, kind of trying to show that I won't be a burden to her here, that I am integrated within the society already, that I can be a positive addition to Canada etc)

c) Where could I find more information on this aspect? I couldn't find much info on the official CIC website...

Thank you all!

Best,
Dan

 

[SenoritaBella]

a) When you apply with dependents(married or common-law spouse, kids), if anyone is inadmissible for medical or security reasons, misrepresentation, fraud, criminality, etc, everyone in the application will be rejected. Other than that, there shouldn't be any effect on her chances(assuming all other requirements are met).

b) Graduates need at least 12 months of skilled full-time(or full-time equivalent) work experience. You guys are common-law, either way, you would have to include your spouse in your application. So it would have been a matter of deciding who should be the primary applicant and the other dependant.

c) Read the CEC guide for more information. Generally, foreign students and workers already have the tools to integrate in Canadian society.

 

[DannyG]

thanks

the thing is I do NOT meet the CEC requirements to apply on my own for PR (that is, I only have 10.5 months, not 12) so just to make sure, I can still apply as her partner in law, correct?

thanks again

 

[SenoritaBella]

Correct! She will be the primary applicant and you, a dependant. Note that there are some forms you also have to fill out and provide police clearances, etc.

thanks

the thing is I do NOT meet the CEC requirements to apply on my own for PR (that is, I only have 10.5 months, not 12) so just to make sure, I can still apply as her partner in law, correct?

thanks again

 

[DannyG]

Thanks again

and one more question, hoping I'm not bugging you too much

we always filed our tax returns separately. Should that be a problem?

Also, do we have to complete the Statutory Declaration of Common Law Union and present ourselves in front of a witness?

Thanks!

 

[rosty2]

we always filed our tax returns separately. Should that be a problem?

No it is not a problem.

Also, do we have to complete the Statutory Declaration of Common Law Union and present ourselves in front of a witness?

Thanks!

everything that proves that you guys are legally living together.

 

[SenoritaBella]

@Danny, you can also ask your employer to apply for a LMO(labor market opinion) from HRDSC. If approved, you can apply for a closed work permit. Note that as you were originally hired under the pgwp(post graduate work permit), the employer will not have to show recruitment efforts. This is another option if you don't want to apply together with your girlfriend.

 

[DannyG]

Thank you rosty, thank you senoritabella

I think i will go apply with her, makes no sense to not do it.

Now id be greatly thankful if you could help me with one last question, in regard to the police check. I've lived and worked in the USA for 3 summers (3x4 months each summer). I was never longer than 4 months, but overall, ive been a cumulative 12 months in the States. I am confused if i should provide a criminal check?

Thank you

 

[jes_ON]

I think i will go apply with her, makes no sense to not do it.

I agree -

Now id be greatly thankful if you could help me with one last question, in regard to the police check. I've lived and worked in the USA for 3 summers (3x4 months each summer). I was never longer than 4 months, but overall, ive been a cumulative 12 months in the States. I am confused if i should provide a criminal check?

You are right, by the guidelines provided, the PCC from the USA would not be required. However, given the experiences reported on this website, CIC will probably request one anyway. My recommendation would be to just go ahead and do it.

 

[DannyG]

I see.

I wonder whether they require both state and federal. Anyone know?

 

[jes_ON]

I wonder whether they require both state and federal. Anyone know?

If a PCC from the USA is required, usually it is just the FBI (Federal), but CIC can also request PCC(s) from state(s) also. Not all states upload their databases to the FBI's....

 

[DannyG]

I just got off the phone with the CIC, and they told me I do not need to submit police certificates.

again, i worked 3 summers in the USA (3x4 months each=12 months) but I never stayed for longer than 4 months. She told me that it has to be CONSECUTIVE.

can anyone share from similar experience?

thank you!

 

[jes_ON]

As I stated, according to their guidelines, it is not required.

If the VO requests it later, however, it will take 5-6 weeks for the FBI to process your request.

I wouldn't hold up submitting the application for it, to be sure.