NZ Citizen - Canadian IEC + Partnership Visa

[jonathanflynn]

Hi All,

i am currently living in Australia with my Canadian girlfriend and we want to move to Canada this December.

what i want to know is, can i enter on a IEC visa and apply for a partnership visa while there? or should i apply for the partnership visa now in Australia?

regards
Jonathan Flynn

 

[scylla]

What do you mean by a partnership visa? Do you mean a spousal or common law sponsorship application?

 

[jonathanflynn]

What do you mean by a partnership visa? Do you mean a spousal or common law sponsorship application?

Thanks for the response and my apologies, yes i mean a common law sponsorship.

 

[Ponga]

If she is a Canadian citizen, you can apply now (Outland application) as long as you have solid proof that you've lived together for at least one full year.

 

[jonathanflynn]

If she is a Canadian citizen, you can apply now (Outland application) as long as you have solid proof that you've lived together for at least one full year.

Yes she is. im worried that i will not get it processed before December hence why i am thinking of getting a working holiday/IEC and applying for the spouse visa in Canada.

or do you think it would be better to not do it this way and just apply for the common law visa?

 

[Rob_TO]

Yes she is. im worried that i will not get it processed before December hence why i am thinking of getting a working holiday/IEC and applying for the spouse visa in Canada.

or do you think it would be better to not do it this way and just apply for the common law visa?

Do both.
Apply immediately for PR as common-law partners, using the OUTLAND application. At the same time you can apply for the IEC/working holiday program, and if you get in then come to Canada anytime with IEC. The PR app is completely separate from this so you can do both.

If you come to Canada while PR app is still processing, just update CIC that your new address is in Canada, and they will mail all your PR landing papers to your Canadian address once you're approved.

Even if you don't get IEC you can still come to Canada as a visitor in December, even if your PR app is still in process.

 

[jonathanflynn]

Do both.
Apply immediately for PR as common-law partners, using the OUTLAND application. At the same time you can apply for the IEC/working holiday program, and if you get in then come to Canada anytime with IEC. The PR app is completely separate from this so you can do both.

If you come to Canada while PR app is still processing, just update CIC that your new address is in Canada, and they will mail all your PR landing papers to your Canadian address once you're approved.

Even if you don't get IEC you can still come to Canada as a visitor in December, even if your PR app is still in process.

Thanks for the response! after looking more into this i have found the following,

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.

so this obviously means that she cannot become a sponsor from outside of Canada.

am i reading this correct? gaaaah this is all so confusing...

 

[Leon]

What is her status in Australia? If she is a visitor, she is not considered to be living outside Canada, hence she would have no problem sponsoring you right now.

If she is on an IEC visa or other work or study visa, she is considered to be living outside Canada and in that case, she needs to prove that you both plan on moving to Canada when you get your PR. Such proof can include a job offer, acceptance to a college or having arranged housing. Some have had luck with a letter from a former employer stating they will hire them back or a rental agreement to live in a relative's basement for example.

 

[Rob_TO]

so this obviously means that she cannot become a sponsor from outside of Canada.

Why do you say that? It states very clearly: "If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner..."

As long as she's a Canadian citizen, she can certainly sponsor you while the both of you are currently in Australia. As mentioned, she'll just need to include proofs she intends to return to Canada after your PR is approved. If you already have plans to move in December, this should not be difficult.

 

[jonathanflynn]

Thanks all!! She is here on a New Zealand Family Relationship Visa. so yes. she is permanently here.

The thing i struggle with is the proof that we are moving etc. nobody is going to give either of us job offers for December in June/July nor can we get a rental property in June/July for December. hell, we dont even know if or when the PR will be accepted. it seems to be a flawed system.

Moving over in December is not 100% at this stage. we hoped that we would wait for the PR, move over and find jobs and a house etc.

any recommendations on what to do?

 

[Leon]

Thanks all!! She is here on a New Zealand Family Relationship Visa. so yes. she is permanently here.

The thing i struggle with is the proof that we are moving etc. nobody is going to give either of us job offers for December in June/July nor can we get a rental property in June/July for December. hell, we dont even know if or when the PR will be accepted. it seems to be a flawed system.

Moving over in December is not 100% at this stage. we hoped that we would wait for the PR, move over and find jobs and a house etc.

any recommendations on what to do?

Does she have relatives in Canada? Anybody who can make a rental agreement for their basement. Doesn't even matter if they have a basement as long as they will give you an agreement. You are not obligated to go live in it afterwards.

If you are unable to find any proof to send, you would be better just getting the IEC visa and her applying for your PR once she is back in Canada.

If you prove that your relationship is genuine and not for the purpose of you immigrating to Canada, you will get your PR. It's not a perfect system but they have decided that they don't find it ideal that Canadians overseas sponsor their spouses for PR if they don't intend to live in Canada so that is why they want that proof.