SPONSORING my German common law partner HELP!

[d29cep]

Hi,
Hopefully someone can help us out, it's hard to find information for our specific case.

I am a Canadian citizen and have been living in Europe with my girlfriend for a year, making us common law. We have tons of evidence of our relationship, family members willing to vouch, etc.

Here are the potential roadblocks:
1. She is a student right now but will take a year off, hopefully in Canada where I am completing my masters. Therefore, she will need to work, but has not yet graduated.
2. I have a close friend who runs a small business who can offer her a job, but we are concerned that my friend won't be approved to offer a job as it is unskilled work.
3. We did not manage to get the Working Holiday/international experience visa (our internet is bad and they go so fast) so that's out.

Basically, I want to sponsor her to come to Canada but we are concerned that, because I am a student, I will not be able to, and even if I can she won't be able to work. I have a grant but it's not enough for the both of us really. Would proof of my employment (part time) help? Or if I had family members willing to assist? My grandparents are fairly prominent figures and this might help if they agree to lend us money? Or if she applies to take a couple of courses and came on a student visa, could she work?

Thanks for any help you can give, it's really appreciated.

 

[Ponga]

Hi,

Have you read the very first thread in this forum? It will give you some basic information on possible options.

1. If you apply when you both arrive in Canada (Inland application), she would be eligible for an Open Work Permit (OWP), but not until she has stage 1 (of 2) approval, known as Approval In Principle (AIP). This processing for AIP is currently at ~9 months. This, of course, is contingent on her being allowed to enter Canada as a visitor, first and foremost.

If you apply now, with an Outland application (while you both remain in Europe), she would not be eligible for an OWP.

2. This is almost certainly guaranteed to fail, as he would have to offer the job to a Canadian first, should one show interest in applying for the job.


There are no financial requirements to sponsor your partner, but you must show how you will support her while she is going through the process. This can certainly be through family assistance, so no worries there!

Good luck!

 

[commonlawsponsor]

Or if she applies to take a couple of courses and came on a student visa, could she work?

Thanks for any help you can give, it's really appreciated.

Check out the international students section of the forum for more info.

If worse comes to worse and money is really an issue. She can stay in Germany and work when you go back to Canada. Even though you applied as common-law, as long as you meet the minimum 1 year and apply - you do not need to continue living together as the application is in process. Just FYI.


Also, maybe some more senior members could shed some light. What about working as a freelancer, online, with a German tax number but while in Canada? I can think of some online language schools, when you work from home teaching German, as an example.

 

[rhcohen2014]

Check out the international students section of the forum for more info.

Also, maybe some more senior members could shed some light. What about working as a freelancer, online, with a German tax number but while in Canada? I can think of some online language schools, when you work from home teaching German, as an example.

yes, technically a visitor can work in Canada as a freelancer from their home country ONLY if they do not do work for a canadian company or person, AND all monies for services are to/from a non-Canadian bank. Those are the two biggest indicators. Remote jobs are common these days, so as long as both of those rules are met, a foreigner can work in canada while visiting. I have done this for a full time employer from the US in the past. It actually works in the visitor's favor, because it proves a) they have strong ties to their home country and b) they have a way to support themselves while in Canada.

 

[Ponga]

yes, technically a visitor can work in Canada as a freelancer from their home country ONLY if they do not do work for a canadian company or person, AND all monies for services are to/from a non-Canadian bank. Those are the two biggest indicators. Remote jobs are common these days, so as long as both of those rules are met, a foreigner can work in canada while visiting. I have done this for a full time employer from the US in the past. It actually works in the visitor's favor, because it proves a) they have strong ties to their home country and b) they have a way to support themselves while in Canada.

The only part of that that I question is the 'to a non-Canadian bank'.

I work remotely and although I am paid in US funds, drawn on a US Bank (for a company with global presence), I can have the payments directly deposited into my Canadian bank, if I choose to do so. For now, I'm happy to receive their check in the mail, which I then deposit into my Canadian bank.

 

[rhcohen2014]

The only part of that that I question is the 'to a non-Canadian bank'.

I work remotely and although I am paid in US funds, drawn on a US Bank (for a company with global presence), I can have the payments directly deposited into my Canadian bank, if I choose to do so. For now, I'm happy to receive their check in the mail, which I then deposit into my Canadian bank.

honestly, i would be very careful about getting funds for work directly deposited to a canadian bank, because then I would imagine CBSA or CIC would say, if they are willing to pay to a canadian bank, then why wouldn't they be willing to hire a canadian? Thus, taking a job away from a canadian. Or, they can use that as "proof" of your intentions to "live in" canada, rather than visit, because why would a "visitor" want their funds directly deposited into a bank outside their home country? That's just my paranoid thinking though.

I think the biggest points are a) work can not be for a canadian company/person, and b) the funds can't originate from a Canadian bank.

 

[commonlawsponsor]

yes, technically a visitor can work in Canada as a freelancer from their home country ONLY if they do not do work for a canadian company or person, AND all monies for services are to/from a non-Canadian bank. Those are the two biggest indicators. Remote jobs are common these days, so as long as both of those rules are met, a foreigner can work in canada while visiting. I have done this for a full time employer from the US in the past. It actually works in the visitor's favor, because it proves a) they have strong ties to their home country and b) they have a way to support themselves while in Canada.

Thanks for the info!

So OP if you want, send me a PM and I can give you some info for a couple language schools based out of Germany that she may be able to work remotely for.

 

[Ponga]

honestly, i would be very careful about getting funds for work directly deposited to a canadian bank, because then I would imagine CBSA or CIC would say, if they are willing to pay to a canadian bank, then why wouldn't they be willing to hire a canadian? Thus, taking a job away from a canadian. Or, they can use that as "proof" of your intentions to "live in" canada, rather than visit, because why would a "visitor" want their funds directly deposited into a bank outside their home country? That's just my paranoid thinking though.

I think the biggest points are a) work can not be for a canadian company/person, and b) the funds can't originate from a Canadian bank.

The CIC Resource Manual (FW01eng.pdf) clearly states that a foreign worker can work remotely by internet, or telephone (section 5.1), so having that information should be all that is needed to convince CBSA/CIC. Besides, one of the things that helps prove a genuine relationship is a joint bank account in Canada...right? The argument could be made that anyone working remotely from Canada, is doing a job that a Canadian could perform...which is not always true.

I do agree that the biggest concern is that you are not remunerated from a Canadian employer, individual or bank. Period!

 

[little_apple]

Hi,
Hopefully someone can help us out, it's hard to find information for our specific case.

I am a Canadian citizen and have been living in Europe with my girlfriend for a year, making us common law. We have tons of evidence of our relationship, family members willing to vouch, etc.

Here are the potential roadblocks:
1. She is a student right now but will take a year off, hopefully in Canada where I am completing my masters. Therefore, she will need to work, but has not yet graduated.
2. I have a close friend who runs a small business who can offer her a job, but we are concerned that my friend won't be approved to offer a job as it is unskilled work.
3. We did not manage to get the Working Holiday/international experience visa (our internet is bad and they go so fast) so that's out.

Basically, I want to sponsor her to come to Canada but we are concerned that, because I am a student, I will not be able to, and even if I can she won't be able to work. I have a grant but it's not enough for the both of us really. Would proof of my employment (part time) help? Or if I had family members willing to assist? My grandparents are fairly prominent figures and this might help if they agree to lend us money? Or if she applies to take a couple of courses and came on a student visa, could she work?

Thanks for any help you can give, it's really appreciated.

Is there a way you both stay in Germany for another year, file outland and go to Canada after she receives her PR? You both could stay and work in Germany together until the immigration process is over. Or do you have to continue studying right away?

I hope you have enough proof of living together for 12 months. Joint lease, joint bank account, maybe joint insurances. Relationship proof and statements of family members and friends are not enough. You need lots of proof that you actually lived together.

 

[canuck_in_uk]

honestly, i would be very careful about getting funds for work directly deposited to a canadian bank, because then I would imagine CBSA or CIC would say, if they are willing to pay to a canadian bank, then why wouldn't they be willing to hire a canadian? Thus, taking a job away from a canadian.

It only matters where the funds originate.

Ponga, an American in Canada working remotely for an American company being paid from an American bank, is not in any way "taking a job away from a Canadian", even if wages are deposited into a Canadian account. It could be equally said that she is "taking a job away" from Brits, the French, Aussies or any other country in the world with an internet or phone connection. CBSA/CIC could never make that argument.

 

[rhcohen2014]

It only matters where the funds originate.

Ponga, an American in Canada working remotely for an American company being paid from an American bank, is not in any way "taking a job away from a Canadian", even if wages are deposited into a Canadian account. It could be equally said that she is "taking a job away" from Brits, the French, Aussies or any other country in the world with an internet or phone connection. CBSA/CIC could never make that argument.

i think you meant me, not ponga who was making the same point as you. like i said, that's just my paranoid thinking because of my history with CBSA, and i like to be triple careful about everything i do when i'm there!!!

 

[canuck_in_uk]

i think you meant me, not ponga who was making the same point as you. like i said, that's just my paranoid thinking because of my history with CBSA, and i like to be triple careful about everything i do when i'm there!!!

If you read my post, you'll see that I used commas, "Ponga, an American in Canada working remotely for an American company being paid from an American bank,". That means I was saying that Ponga IS an American in Canada etc.

 

[rhcohen2014]

If you read my post, you'll see that I used commas, "Ponga, an American in Canada working remotely for an American company being paid from an American bank,". That means I was saying that Ponga IS an American in Canada etc.

i did read your post. to me the comma suggested you were talking to him, not about him. my mistake. i was speaking from my experience, as i also work remotely for a US employer and get paid by a US bank.

 

[Rob_TO]

i did read your post. to me the comma suggested you were talking to him, not about him. my mistake. i was speaking from my experience, as i also work remotely for a US employer and get paid by a US bank.

Remember you are not getting paid by the US bank, your company is depositing money into the bank and then you are simply taking the money or transferring it out.

What bank the money goes into has no relevance, the only area of concern is where the money comes from. So as long as the company that is depositing the money into said bank is outside of Canada, then the bank can be Canadian, American, or any other country.

 

[Ponga]

Remember you are not getting paid by the US bank, your company is depositing money into the bank and then you are simply taking the money or transferring it out.

What bank the money goes into has no relevance, the only area of concern is where the money comes from. So as long as the company that is depositing the money into said bank is outside of Canada, then the bank can be Canadian, American, or any other country.

This is exactly why I still choose to receive a paper check, as opposed to EFT into my account.

One of the companies that I work for does have a division in Canada, so I was concerned that if i signed up for EFT, their Canadian branch would handle my pay, thinking that if I'm IN Canada, I must be a Canadian. Having the checks mailed from their US office (drawn on their local bank) is a pain, thanks to the snail mail and my bank imposing the customary `hold' on the funds, but at least I know that I'm playing by the rules.