Need help!!

[Silverbull]

Hello and first of all thank you for taking the time to help me! My situation is a little tricky.

Me and my girlfriend would like to apply for PR in Canada. I’m a Canadian citizen and she is British. So about 5 years ago I moved to wales and met her about 5 months into my 2 year visa. We lived together with her family for about a year but have absolutely no papertrail of us living together. When my visa ended she applied for a Canadian IEC visa and was approved and came over for 2 consecutive summers working. We have been traveling back and fourth to and from Canada and the Uk to see each other for only a couple weeks at a time and draining our bank accounts doing so. Plus our bosses don’t like the time off. We want to live in Canada perminantly but unsure what route to go! We were about to apply for conjugal PR until we read a thread that wouldn’t work. Not ready to marry yet as we want to be settled. We are in our own countries right now and she would want to work while here during processing of PR (open work permit I assume) but seems she has to be here to apply, any way around this?

Thank you so much for all the help!!!!!

 

[shannonxtreme]

Hello and first of all thank you for taking the time to help me! My situation is a little tricky.

Me and my girlfriend would like to apply for PR in Canada. I’m a Canadian citizen and she is British. So about 5 years ago I moved to wales and met her about 5 months into my 2 year visa. We lived together with her family for about a year but have absolutely no papertrail of us living together. When my visa ended she applied for a Canadian IEC visa and was approved and came over for 2 consecutive summers working. We have been traveling back and fourth to and from Canada and the Uk to see each other for only a couple weeks at a time and draining our bank accounts doing so. Plus our bosses don’t like the time off. We want to live in Canada perminantly but unsure what route to go! We were about to apply for conjugal PR until we read a thread that wouldn’t work. Not ready to marry yet as we want to be settled. We are in our own countries right now and she would want to work while here during processing of PR (open work permit I assume) but seems she has to be here to apply, any way around this?

Thank you so much for all the help!!!!!

A paper trail could be something as simple as text message histories. Also, Google Maps has a history of your locations stored in it. I use it to figure out where I went on particular dates. I'm going to defer actual alternatives to someone with more expertise.

 

[Silverbull]

Thank you for the quick reaponse! I should add the reason she was only here for summers was due to her being in university and went back in the fall.

 

[Oldmacwright]

You are right in that conjugal is definitely not an option.

And yes open work permit is only an option to inland applications so you either need to get married and apply inlandor live together for 12 months and apply common law so she would have to be over as a visitor for 12 months first.

Are you sure you can’t prove the prior common law? When you say “about” 12 months do you mean a bit more or a bit less.

 

[Silverbull]

Well that’s the issue. We don’t have exact dates as it was a verbal agreement. But would have been over a year. Could she fly here for a few weeks, apply inland and for work permit then fly back to the uk?

 

[Oldmacwright]

Well that’s the issue. We don’t have exact dates as it was a verbal agreement. But would have been over a year. Could she fly here for a few weeks, apply inland and for work permit then fly back to the uk?

One of the stipulations with applying inland is you must be living in Canada together, they say short breaks apart (2-3 weeks) are permitted but there’s always a chance re entry can be refused which would cause the sponsorship app to be abandoned. You also need to be sure you can prove common law previously, no point applying if you can’t do that. I’m no expert on the common law aspect as my wife and I were married when we applied so maybe there’s others who can point you in the right direction on how you might beable to do that.

I would not rule out marriage now even if you just went for a small civil ceremony (maybe have a bigger ceremony later down the line when she’s settled in Canada) so you can get the paperwork to beable to put in a spousal app, would speed things up if you can’t prove common law. Sounds like you have prior history going back many years so it’s not going to look like a marriage for immigration purposes.

 

[DollyM]

You need to ask yourselves do you want to avoid getting married or do you want to be together. Unfortunately it looks like you either get married or stay apart for now. Unless she can sponsor you to the UK, you have European/British parents/grandparents (Ancestry visa) or you get a visa to allow you to live and work in the UK for the required 12 months that you can prove your cohabitation for the common law route.

And no, Google maps showing you were in the same place at the same time (as suggested up thread) is not evidence of cohabitation as a couple. You need to show real evidence of things like a lease or mortgage in joint names, bills at the same address, joint finances, wills naming each other, etc. All the things a married couple do but without the benefit of the piece of paper.

 

[Oldmacwright]

And if you really don’t want to get married yet, is there any financial reason she can’t come stay with you in Canada as visitor for a year then apply common law?

Yes it can be boring being stuck somewhere not able to work or study for a year or so but at least you will be together.

BTW I don’t think your situation is that tricky, it’s very common and I should think there is basically a near 100% approval rate for British partners. Sounds like you have had ample chances in the past to go for common law with living in the UK for 2 years and her getting the IEC visa, so you shouldn’t really be in this situation now but hindsight is wonderful and many of us make mistakes and prolong the process.

Good luck moving forward, this forum is definitely the best place to help you through the process!

 

[Silverbull]

There has to be some sort of option! We have been in a committed relationship for almost 5 years. More traveling back and fourth than most can comprehend. There’s got to be a way for her to come over here. Even any other visa so she can work here?? IEC is used already

 

[Silverbull]

And getting married just for PR we both agree isn’t the right reason to get married. We have spoke about this a bunch

 

[kcward7]

And getting married just for PR we both agree isn’t the right reason to get married. We have spoke about this a bunch

If you want to sponsor you need to establish common law or marry. If you're unwilling to go this route your partner would need to immigrate independently through an economic stream.

 

[Silverbull]

There’s nothing that really seems to apply through the economic stream. Not many people sponsor in her line of work. We’re so frustrated of having no options. All we want to do is live together

 

[DollyM]

There’s nothing that really seems to apply through the economic stream. Not many people sponsor in her line of work. We’re so frustrated of having no options. All we want to do is live together

So, you want to live with her, presumably for the rest of your life. And she wants to live with you, presumably for the rest of her life. But you won't contemplate marriage.

So, why is it that she should give up her life in Wales, move to a country where she has no family or friends and give up her job, family, friends, basically her whole life, for a man who isn't interested in marrying her? If you were my boyfriend I'd probably tell you to take a hike.

And in reality, it's not getting married for immigration purposes. It's getting married so the 2 of you can live on the same continent as each other!

 

[Silverbull]

Wow thanks pal! We have spoke neumerous times about that and we BOTH agree we want to be settled a bit before we take that next step. And Canada is our option as I’m finishing up an apprenticeship currently and she has her degree already. If I wasn’t still in an apprenticeship we would be moved somewhere together like N

 

[np08]

There’s nothing that really seems to apply through the economic stream. Not many people sponsor in her line of work. We’re so frustrated of having no options. All we want to do is live together

You have options.

You can get married or you can decide to go common law and be mindful of the requirements from the beginning so you can set up joint utilities, bank accounts, etc.

She can also look into whether or not she qualifies under Express Entry on her own.