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Partner Immigration/Living Questions

AliTheTime

Newbie
Aug 17, 2018
1
0
So, I’m in a bit of a state of confusion and not really sure how to proceed or even what to proceed with. I want to live with my girlfriend here, but I honestly have no idea how any of this works and the wording they use on official websites just flies over our heads. Any advice following this information would be greatly appreciated!

I am in a same-sex relationship with my LDR girlfriend (both 19.) We want to live together by next summer here in Ontario. She currently lives in California. We have been dating for 6 months now, but due to unforeseen problems we have not been able to physically meet, though we plan to in October.

I am a student attending university, and am financially dependent on OSAP to get by with rent and tuition (I live comfortably enough that having another be financially dependent on me is not an issue, however.) My partner has a full time minimum wage job where she lives, and does not pay rent or other bills, and is saving up money. She has not attended post-secondary education and has not learned a trade. There is currently nothing tying her down to the USA besides her job.

We believe that she would be well off living here and don’t foresee any issues with it, but we have no idea how we would get her to stay legally. We know we could get a 6 month stay from visiting, but after that we do not know what to do.

From what I have read and heard, she would not be able to get a work visa, as she is not exactly a high-skill worker and really has nothing to offer besides Taco Bell experience. We can’t go the conjugal partner stream, as there are technically no barriers preventing us from being together (as far as I know.) I don’t know much about common-law, but I believe you have to live together for a lengthy period of time, which is the issue to begin with. She can’t get a study permit either, since, well, that’s a huge amount of money that we do not have. I know that marriage is a possibility, but if we were to do that I would just get a green card and move down there instead (it’s also a bit early in the relationship for that, I would think.)

Any advice or suggestions as to how we can make this work would be very much appreciated!
 

scylla

VIP Member
Jun 8, 2010
92,829
20,490
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So, I’m in a bit of a state of confusion and not really sure how to proceed or even what to proceed with. I want to live with my girlfriend here, but I honestly have no idea how any of this works and the wording they use on official websites just flies over our heads. Any advice following this information would be greatly appreciated!

I am in a same-sex relationship with my LDR girlfriend (both 19.) We want to live together by next summer here in Ontario. She currently lives in California. We have been dating for 6 months now, but due to unforeseen problems we have not been able to physically meet, though we plan to in October.

I am a student attending university, and am financially dependent on OSAP to get by with rent and tuition (I live comfortably enough that having another be financially dependent on me is not an issue, however.) My partner has a full time minimum wage job where she lives, and does not pay rent or other bills, and is saving up money. She has not attended post-secondary education and has not learned a trade. There is currently nothing tying her down to the USA besides her job.

We believe that she would be well off living here and don’t foresee any issues with it, but we have no idea how we would get her to stay legally. We know we could get a 6 month stay from visiting, but after that we do not know what to do.

From what I have read and heard, she would not be able to get a work visa, as she is not exactly a high-skill worker and really has nothing to offer besides Taco Bell experience. We can’t go the conjugal partner stream, as there are technically no barriers preventing us from being together (as far as I know.) I don’t know much about common-law, but I believe you have to live together for a lengthy period of time, which is the issue to begin with. She can’t get a study permit either, since, well, that’s a huge amount of money that we do not have. I know that marriage is a possibility, but if we were to do that I would just get a green card and move down there instead (it’s also a bit early in the relationship for that, I would think.)

Any advice or suggestions as to how we can make this work would be very much appreciated!
You have the facts right - there aren't very many options for her.

In order to sponsor her for PR, you would have to be either married or common law. To be classified as common law, you must have lived together for one full year continuously. You face no real immigration barriers to getting married or becoming common law, so conjugal is not an option. The same sex bit is irrelevant. Very easy for same sex individuals to get married and/or become common law. Also note that conjugal is for people who are in a marriage like relationship but who cannot get married or live together. It is not an immigration class for people who are still testing out a relationship. If you're not ready to get married - then you aren't conjugal either.

Without being a skilled worker, you should assume it will not be possible for her to obtain a work permit. Sounds like the study permit is out to for financial reasons.

At this point her only option is to come to Canada temporarily as a visitor. This won't allow her to live here of course, just visit. As a visitor, she won't be allowed to work. And she also won't benefit from provincial health care coverage - so she should ensure she purchases travel insurance to cover herself for emergencies. If she stays here as a visitor for six months, she can apply to extend her visit by another six months - so that you can live together for a year to become common law. However keep in mind that she won't be able to work for that whole year.

Always remember that how long she is allowed into Canada is up to the CBSA officer she speaks to at the border. She is only allowed to visit at this time. So when she comes here, she should not bring everything she has with her and look like she's moving. She should only bring with her what a tourist normally brings. Also, she may be asked to show that she has enough savings to support her visit to Canada.