Study visa with common law(deportation)

[jasonbeauchamp15]

Hello, to everyone

I am a United States citizen wanting to study in Canada and want to bring my fiance who is a Hungarian citizen with me during the course of my studies. I have read the study section of the website but still have some questions.

- As I'm wanting to bring my fiance under the common law section, I have an urgent question. Our situation is tricky; she has resided in the United States for the past 20 years and was recently deported 2 years ago. She wasn't deported on any charges, simply she didn't have status. My question would be, Would my fiance still be able to come with me to Canada as a common law partner, or would Canadian immigration look down on this fact and deny her?

-If she was granted a common law visa would she be able to apply for a work visa?

 

[Leon]

You have to have lived together for 12 months or more to qualify as common law but I am not sure how long you can be apart before you are not considered common law anymore. If she was deported 2 years ago, you haven't actually lived together in the last 2 years? It would be simpler if you get married. You can apply for a spouse visa and open work permit for her. Canada immigration will not look kindly on giving her a temporary visa if she was deported from the US for staying illegally but you don't know unless you try.

 

[jasonbeauchamp15]

Thank you for the help!

We've actually lived together for the past 2 years, i recently went back to the states for 3 months to finish up my course work to make myself elligable to gain entry to a Canadian university. We do have aspirations of living there after I finish pharmacy school, is this something that should be kept to ourselves until after the we get permission(assuming we do) ?

What is the general sense on this kind of situation, is it better to seek legal help or try on your own? It seems like in my case it would be tricky ,since my fiance has been deported.

 

[Leon]

You can try to apply for her as a common law, maybe you will succeed. If she was refused because of the deportation, you can study for a year, then apply for federal skilled worker and include her on your application for PR. If she is applying for PR, she is not a danger of overstaying since PR is permanent.