Specific Common-law questions

[stofenism]

I've clicked through some various threads and learned a lot.

So my girlfriend (European citizen) and I lived together in the states for a year. She had to leave the states and started working in Canada under the "Young Professionals" visa.

Under the "Young Professionals" she cannot sponsor me as her common law partner. So for financial reasons I stayed in the states working and we fly to one another every few weeks.

She has been promoted and her work is sponsoring her so she can get permanent residency. She can file her express entry application in Nov. To my understanding she will be considered a "young professional" until she is granted permanent residency, there are no roadblocks on her path to permanent residency, but that can take up to 18 months from the application. I would very much like to move back in with her, and her promotion enables us to live together on one income, but I would very much like to work.

With a pending permanent residency application would I be able to be sponsored as a common law partner and work during the time it takes?

She just applied for her extension and got a letter stating that her "Temporary Residence" application was received and they are just waiting on her FBI background check from her time in the states. They are currently running that check.

Would she be able to sponsor me as a "temporary resident" even though she entered under the "young professionals" visa?

And one last specific question. She was just here with me in the states and we got a notarized "Declaration of Common Law Union" form. Do they accept forms that were notarized in the States? Or should we get it done in Canada?

Thanks!

 

[KBH]

You only have two options -

1) See if you can be included as her common-law partner on her express entry application. Some people don't do this because it lowers the point score for the principal applicant. Post in the express entry section of the forum to get advice about this and whether or not you would be able to work during the process (although I am pretty sure you could not).

2) After she becomes a PR, she can apply to sponsor you to become a PR.

Note that if she's applying via Express Entry it's called Express for a reason, it's usually very fast (6 months for example) not 18 months.

Also note that as you are her common law partner, it is CRITICAL that you are declared as a non-accompanying spouse if she applies for EE but does not include you in the app to receive your PR at that time. You will need to submit police checks, medical exam for her EE application even if you are not included in order for her to be eligible to sponsor you after she becomes a PR

 

[canuck_in_uk]

I've clicked through some various threads and learned a lot.

So my girlfriend (European citizen) and I lived together in the states for a year. She had to leave the states and started working in Canada under the "Young Professionals" visa.

Under the "Young Professionals" she cannot sponsor me as her common law partner. So for financial reasons I stayed in the states working and we fly to one another every few weeks.

She has been promoted and her work is sponsoring her so she can get permanent residency. She can file her express entry application in Nov. To my understanding she will be considered a "young professional" until she is granted permanent residency, there are no roadblocks on her path to permanent residency, but that can take up to 18 months from the application. I would very much like to move back in with her, and her promotion enables us to live together on one income, but I would very much like to work.

With a pending permanent residency application would I be able to be sponsored as a common law partner and work during the time it takes?

She just applied for her extension and got a letter stating that her "Temporary Residence" application was received and they are just waiting on her FBI background check from her time in the states. They are currently running that check.

Would she be able to sponsor me as a "temporary resident" even though she entered under the "young professionals" visa?

And one last specific question. She was just here with me in the states and we got a notarized "Declaration of Common Law Union" form. Do they accept forms that were notarized in the States? Or should we get it done in Canada?

Thanks!

You could have applied for a work permit based on being her common-law partner as soon as she had 3 payslips from her skilled job.

She needs to include you in her PR app. If her work is sponsoring her, she will likely have no issues with her CRS score including you as accompanying.

The Stat Dec from the US is fine.