Girlfriend wanting to move to/live in Canada... but works remotely.

[Derek15555]

I've been dating my US citizen girlfriend for 2 years now long distance. We travel back and forth each month for a few weeks. I have two questions that I can't seem to find answers for.

1. In order to get permanent residency through a common law partnership we need to have lived together for 2 years (i believe) but how can we do that before she gets permanent residency? Seems to be a chicken or the egg scenario? And in that 2 year period, is she allowed to visit home for any period of time before the 2 years would restart?

2. She works remotely via the web so when she visits Canada she can still work in her US job. I can't find any information as to whether that helps or hinders her application. I guess she wouldn't need a work visa but immigration Canada might not like that she is working a US job while in Canada.

Any help greatly appreciated!

 

[arowberry]

Read this:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

1. In order to get permanent residency through a common law partnership we need to have lived together for 2 years (i believe) but how can we do that before she gets permanent residency? Seems to be a chicken or the egg scenario? And in that 2 year period, is she allowed to visit home for any period of time before the 2 years would restart?

From the source:

You are a common-law partner—either of the opposite sex or the same sex—if:

you have been living together in a conjugal relationship for at least one year in an ongoing 12-month period (you are allowed short absences for business travel or family reasons).

2. She works remotely via the web so when she visits Canada she can still work in her US job. I can't find any information as to whether that helps or hinders her application. I guess she wouldn't need a work visa but immigration Canada might not like that she is working a US job while in Canada.

I don't know of a reason why this might hinder the application. Technically as she is required to try to support herself, I would have thought it would help, as opposed to hinder, her application. It certainly doesn't break any laws or rules that I am aware of.

 

[Derek15555]

Thanks for the reply!

Is it possible for her to simply come and live here without any permission for 12 months to become common law? And how long are the "short absences"?

 

[arowberry]

Here's a related thread:
http://www.canadavisa.com/canada-immigration-discussion-board/work-remotely-from-canada-for-us-employer-t97746.0.html

Hopefully a senior can clarify on this matter.

Clearly she can't come here and live without permission. But she will of course go through a border crossing (overland or at an airport) where she will be granted permission to enter Canada. Visitor permits are typically for 6 months, but extending that (via an online application or by doing a border run) shouldn't be a problem.

I can't clarify 'short absences', though I would guess that discretion is given to the Visa Officer based on the reasons for not being in Canada and how strong the relationship is on paper (how good your relationship supporting evidence is).

Don't over think the absences too much. I don't feel this it's much of an issue, if she went home for 4 weeks during the year, then you could simply wait a month before applying for the spousal permit.

 

[Derek15555]

Thanks very much. This does clarify quite a lot.

I'll have a read regarding working for a US employer.

 

[Rob_TO]

1. In order to get permanent residency through a common law partnership we need to have lived together for 2 years (i believe) but how can we do that before she gets permanent residency? Seems to be a chicken or the egg scenario? And in that 2 year period, is she allowed to visit home for any period of time before the 2 years would restart?

You need to live together 12 continuous months to become common-law. You also need substantial proof of living together, so things like joint lease/rental agreement, joint bank/credit card account, mail going to common address, declarations from friends/family, etc etc.

2. She works remotely via the web so when she visits Canada she can still work in her US job. I can't find any information as to whether that helps or hinders her application. I guess she wouldn't need a work visa but immigration Canada might not like that she is working a US job while in Canada.

If she works remotely for a US company, that is irrelevant to CIC. It doesn't need to mentioned, nor would they care.

While in Canada as a visitor she can continue to work remotely without need for a work visa, as long as all her payments come from a source outside Canada, and she has no Canadian clients (these are overly simplified rules).

Upon entering Canada she will need to satisfy CBSA that she is a VISITOR to Canada only. So should bring luggage suitable for a visitor, funds to support her stay, and show any ties to the US. Of course once in Canada it's then relatively easy to extend visitor status indefinitely to reach the 12 months required for common-law.

During the 1-year common-law cohabitation qualifying, you are allowed to be apart for short/temporary times due to work, school, family reasons, etc. Just try to keep these breaks as short as possible. There is no specific time allowed provided by CIC, but the common consensus is try to keep to max of 3 weeks or less.

 

[Derek15555]

Thanks a lot Rob! That helps big time!