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US Citizen in Canada IEC working holiday OWP - Canadian spouse, prof Job, best PR route?

doubleforte

Newbie
May 25, 2018
1
0
Hi Everyone, new to the forum so please bear with me. We have a complicated situation and we are trying to figure out what the best application route for this is going to be.

Applicant:
1. US Citizen, Male, AGE 24

2. Completed a bachelor's degree in Canada.
Graduated from Bachelor's at Canadian university in may 2017, but long story short didn't activate the 3 year work permit after that and the deadline passed.

3. In a relationship with a Canadian partner
Technically for 1.5+ years, co-habiting since Aug 2017. Not married, unsure if common law or conjugal (same-sex, if it matters). This is slightly complicated as we would have been co-habiting earlier than that while he was still here in university, but his job (campus RA) required him to physically live in the campus dorms. Thus I don't know if the extenuating circumstance makes a difference. We physically started living together (with him here on a visitor basis from the US) in August 2017. He continues to live in Canada through to getting a IEC OWP in Nov 2017 and continues to present. On paper, we have not cohabited together for 1 year to be common law but not sure if extenuating circumstances make a difference. not sure if Common Law counts co-habitation starting from Aug 2017 on a visitor basis, or starting from Nov 2017 on a OWP basis.

4. Currently in Canada on a International Experience Canada Open Work Permit valid from Nov. 2017 to Dec 2018. Currently professionally employed in a NOC Class A job (Business Analyst / Developer) for a software startup in Canada as of Nov 2017. Applicant has had previous work experience in the field during university but it seems that doesn't count. Applicant will reach 1 year of full time professional experience in Nov 2018.

Goal: Ultimately the goal is for the applicant to be able to stay in Canada and work after the current OWP for IEC expires in Dec. 2018. It seems like applying for PR is the best way to do that, but if somehow the applicant could just continue to have an OWP after Dec 2018 that is acceptable and (maybe) preferred.

For the PR application, based on the above information, we aren't sure which class makes the most sense for PR - Express Entry, CEC, Spousal (Conjugal? Common Law?), or other?

Just hoping to better understand from the wealth of experience in the group. Looking forward to some lively discussions! Thanks all in advance.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hi Everyone, new to the forum so please bear with me. We have a complicated situation and we are trying to figure out what the best application route for this is going to be.

Applicant:
1. US Citizen, Male, AGE 24

2. Completed a bachelor's degree in Canada.
Graduated from Bachelor's at Canadian university in may 2017, but long story short didn't activate the 3 year work permit after that and the deadline passed.

3. In a relationship with a Canadian partner
Technically for 1.5+ years, co-habiting since Aug 2017. Not married, unsure if common law or conjugal (same-sex, if it matters). This is slightly complicated as we would have been co-habiting earlier than that while he was still here in university, but his job (campus RA) required him to physically live in the campus dorms. Thus I don't know if the extenuating circumstance makes a difference. We physically started living together (with him here on a visitor basis from the US) in August 2017. He continues to live in Canada through to getting a IEC OWP in Nov 2017 and continues to present. On paper, we have not cohabited together for 1 year to be common law but not sure if extenuating circumstances make a difference. not sure if Common Law counts co-habitation starting from Aug 2017 on a visitor basis, or starting from Nov 2017 on a OWP basis.

4. Currently in Canada on a International Experience Canada Open Work Permit valid from Nov. 2017 to Dec 2018. Currently professionally employed in a NOC Class A job (Business Analyst / Developer) for a software startup in Canada as of Nov 2017. Applicant has had previous work experience in the field during university but it seems that doesn't count. Applicant will reach 1 year of full time professional experience in Nov 2018.

Goal: Ultimately the goal is for the applicant to be able to stay in Canada and work after the current OWP for IEC expires in Dec. 2018. It seems like applying for PR is the best way to do that, but if somehow the applicant could just continue to have an OWP after Dec 2018 that is acceptable and (maybe) preferred.

For the PR application, based on the above information, we aren't sure which class makes the most sense for PR - Express Entry, CEC, Spousal (Conjugal? Common Law?), or other?

Just hoping to better understand from the wealth of experience in the group. Looking forward to some lively discussions! Thanks all in advance.
Hi

Zero chance of conjugal. You need to either get married or live continuously for one year to become common-law. Status is irrelevant when establishing common-law, so you can count from Aug 2017 if you have proofs starting then.
 
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