IEC to PR as common law/Spouse
Aug 27th 2014, 5:53 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2013
Posts: 31
IEC to PR as common law/Spouse
Hi Everyone, I am still very new to this site so hopefully I am posting in the right location.
I have a whole bunch of questions, please let me know if any of them are unclear.
My fiance is currently in Canada on a IEC visa, he landed June 25, 2014 and has started working full time in Vancouver as of August. We have been together since August 12, 2012 but living in different countries. I live in Edmonton, AB and attend a university there for nursing and he was residing in Manchester, England working full time. I have spent every school break with him since we have met, so 3 weeks over xmas 2012, 3 months between April to end of August 2013 and than I was in Manchester with him from mid December 2013 to mid April 2013. I came home to write final exams and he finished off work. We met up in Mexico for a month before flying into Canada together on June 25, 2014.
We are recently engaged (as of Sunday!) and looking at applying for PR for him.
1. As far as I can tell we would not qualify to apply as a common law couple because we have not lived together for 12 consecutive months, as well I did not work in England and the only proof I have that I was there is my plane tickets and visa purchases. Is this correct?
2. I understand that his IEC visa cannot be extended and he is already 31 this year and therefore cannot apply in Dec/Jan when it opens for a second year. Correct?
3. Is the best solution to get married asap and apply as a spousal sponsor? We are not looking to have a big wedding but would like to give his family notice considering they would have to fly out to Canada.
4. I have read that applying outland is typically a faster process that applying inland.
Person to be sponsored lives in Canada
Step 1 - Assessment of sponsor and person being sponsored is 12 months (initial assessment) Working on applications received on July 30, 2013
Step 2 – Medical, security, background checks and other verifications for person being sponsored is 8 months
Person to be sponsored lives outside of Canada
Step 1 - 56 days (working on applications received June 26, 2014)
Step 2 - 11 months
a. Can you clarify which is which? I assume person to be sponsored lives in Canada is Inland?
b. If my fiance already lives here can we apply for outland?
c. When the inland application reaches the approval in principle (AIP) stage, you can apply for a spousal open work permit that will allow you to accept any job from any employer in any part of Canada. I assume this will be sometime during step 2? Is that correct?
Ideally we would love for my fiance to continue working, he has found a great job and is the sole financial support for us currently since I am still a student.
5. Once married and we have applied for PR, will it be a problem that we will still be living apart? We have rented an apartment in Vancouver and both of our names are on the rental agreement and he will live there full time. I will live in Vancouver with him for 3 weeks over xmas and from mid April to beginning of September. I also plan to fly to Vancouver approx. every 5 weeks to visit for 5 days. The reason we are going to live apart still is because I was unable to transfer my university credits over to a school here in Vancouver and he is unable to get a job in his field in Edmonton.
I hope I made that clear. This forum has answered so many of my questions already which is wonderful. Thank you for any help you can provide in clarifying the above.
Cheers.
I have a whole bunch of questions, please let me know if any of them are unclear.
My fiance is currently in Canada on a IEC visa, he landed June 25, 2014 and has started working full time in Vancouver as of August. We have been together since August 12, 2012 but living in different countries. I live in Edmonton, AB and attend a university there for nursing and he was residing in Manchester, England working full time. I have spent every school break with him since we have met, so 3 weeks over xmas 2012, 3 months between April to end of August 2013 and than I was in Manchester with him from mid December 2013 to mid April 2013. I came home to write final exams and he finished off work. We met up in Mexico for a month before flying into Canada together on June 25, 2014.
We are recently engaged (as of Sunday!) and looking at applying for PR for him.
1. As far as I can tell we would not qualify to apply as a common law couple because we have not lived together for 12 consecutive months, as well I did not work in England and the only proof I have that I was there is my plane tickets and visa purchases. Is this correct?
2. I understand that his IEC visa cannot be extended and he is already 31 this year and therefore cannot apply in Dec/Jan when it opens for a second year. Correct?
3. Is the best solution to get married asap and apply as a spousal sponsor? We are not looking to have a big wedding but would like to give his family notice considering they would have to fly out to Canada.
4. I have read that applying outland is typically a faster process that applying inland.
Person to be sponsored lives in Canada
Step 1 - Assessment of sponsor and person being sponsored is 12 months (initial assessment) Working on applications received on July 30, 2013
Step 2 – Medical, security, background checks and other verifications for person being sponsored is 8 months
Person to be sponsored lives outside of Canada
Step 1 - 56 days (working on applications received June 26, 2014)
Step 2 - 11 months
a. Can you clarify which is which? I assume person to be sponsored lives in Canada is Inland?
b. If my fiance already lives here can we apply for outland?
c. When the inland application reaches the approval in principle (AIP) stage, you can apply for a spousal open work permit that will allow you to accept any job from any employer in any part of Canada. I assume this will be sometime during step 2? Is that correct?
Ideally we would love for my fiance to continue working, he has found a great job and is the sole financial support for us currently since I am still a student.
5. Once married and we have applied for PR, will it be a problem that we will still be living apart? We have rented an apartment in Vancouver and both of our names are on the rental agreement and he will live there full time. I will live in Vancouver with him for 3 weeks over xmas and from mid April to beginning of September. I also plan to fly to Vancouver approx. every 5 weeks to visit for 5 days. The reason we are going to live apart still is because I was unable to transfer my university credits over to a school here in Vancouver and he is unable to get a job in his field in Edmonton.
I hope I made that clear. This forum has answered so many of my questions already which is wonderful. Thank you for any help you can provide in clarifying the above.
Cheers.
Aug 29th 2014, 7:51 am
#2
Concierge
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
Re: IEC to PR as common law/Spouse
I'm on holiday so posting to remind myself to reply when I can. Post again to remind me if you don't hear from me or someone else in a week. 
just on my phone and need to type a proper reply... Hopefully someone else beats me to it. In the meantime read the wiki as it answers a lot of what's in your post.
just on my phone and need to type a proper reply... Hopefully someone else beats me to it. In the meantime read the wiki as it answers a lot of what's in your post.
Aug 31st 2014, 6:25 pm
#3
Forum Regular
Thread Starter
Joined: Oct 2013
Posts: 31
Re: IEC to PR as common law/Spouse
I have gone through the wiki, just looking for some clarification please. Also the last question regarding our living situation is the one I am most unclear about. Thanks for taking time to help.
Sep 1st 2014, 10:55 pm
#4
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: IEC to PR as common law/Spouse
Hi Everyone, I am still very new to this site so hopefully I am posting in the right location.
I have a whole bunch of questions, please let me know if any of them are unclear.
My fiance is currently in Canada on a IEC visa, he landed June 25, 2014 and has started working full time in Vancouver as of August. We have been together since August 12, 2012 but living in different countries. I live in Edmonton, AB and attend a university there for nursing and he was residing in Manchester, England working full time. I have spent every school break with him since we have met, so 3 weeks over xmas 2012, 3 months between April to end of August 2013 and than I was in Manchester with him from mid December 2013 to mid April 2013. I came home to write final exams and he finished off work. We met up in Mexico for a month before flying into Canada together on June 25, 2014.
We are recently engaged (as of Sunday!) and looking at applying for PR for him.
1. As far as I can tell we would not qualify to apply as a common law couple because we have not lived together for 12 consecutive months, as well I did not work in England and the only proof I have that I was there is my plane tickets and visa purchases. Is this correct?
2. I understand that his IEC visa cannot be extended and he is already 31 this year and therefore cannot apply in Dec/Jan when it opens for a second year. Correct?
3. Is the best solution to get married asap and apply as a spousal sponsor? We are not looking to have a big wedding but would like to give his family notice considering they would have to fly out to Canada.
4. I have read that applying outland is typically a faster process that applying inland.
Person to be sponsored lives in Canada
Step 1 - Assessment of sponsor and person being sponsored is 12 months (initial assessment) Working on applications received on July 30, 2013
Step 2 – Medical, security, background checks and other verifications for person being sponsored is 8 months
Person to be sponsored lives outside of Canada
Step 1 - 56 days (working on applications received June 26, 2014)
Step 2 - 11 months
a. Can you clarify which is which? I assume person to be sponsored lives in Canada is Inland?
b. If my fiance already lives here can we apply for outland?
c. When the inland application reaches the approval in principle (AIP) stage, you can apply for a spousal open work permit that will allow you to accept any job from any employer in any part of Canada. I assume this will be sometime during step 2? Is that correct?
Ideally we would love for my fiance to continue working, he has found a great job and is the sole financial support for us currently since I am still a student.
5. Once married and we have applied for PR, will it be a problem that we will still be living apart? We have rented an apartment in Vancouver and both of our names are on the rental agreement and he will live there full time. I will live in Vancouver with him for 3 weeks over xmas and from mid April to beginning of September. I also plan to fly to Vancouver approx. every 5 weeks to visit for 5 days. The reason we are going to live apart still is because I was unable to transfer my university credits over to a school here in Vancouver and he is unable to get a job in his field in Edmonton.
I hope I made that clear. This forum has answered so many of my questions already which is wonderful. Thank you for any help you can provide in clarifying the above.
Cheers.
I have a whole bunch of questions, please let me know if any of them are unclear.
My fiance is currently in Canada on a IEC visa, he landed June 25, 2014 and has started working full time in Vancouver as of August. We have been together since August 12, 2012 but living in different countries. I live in Edmonton, AB and attend a university there for nursing and he was residing in Manchester, England working full time. I have spent every school break with him since we have met, so 3 weeks over xmas 2012, 3 months between April to end of August 2013 and than I was in Manchester with him from mid December 2013 to mid April 2013. I came home to write final exams and he finished off work. We met up in Mexico for a month before flying into Canada together on June 25, 2014.
We are recently engaged (as of Sunday!) and looking at applying for PR for him.
1. As far as I can tell we would not qualify to apply as a common law couple because we have not lived together for 12 consecutive months, as well I did not work in England and the only proof I have that I was there is my plane tickets and visa purchases. Is this correct?
2. I understand that his IEC visa cannot be extended and he is already 31 this year and therefore cannot apply in Dec/Jan when it opens for a second year. Correct?
3. Is the best solution to get married asap and apply as a spousal sponsor? We are not looking to have a big wedding but would like to give his family notice considering they would have to fly out to Canada.
4. I have read that applying outland is typically a faster process that applying inland.
Person to be sponsored lives in Canada
Step 1 - Assessment of sponsor and person being sponsored is 12 months (initial assessment) Working on applications received on July 30, 2013
Step 2 – Medical, security, background checks and other verifications for person being sponsored is 8 months
Person to be sponsored lives outside of Canada
Step 1 - 56 days (working on applications received June 26, 2014)
Step 2 - 11 months
a. Can you clarify which is which? I assume person to be sponsored lives in Canada is Inland?
b. If my fiance already lives here can we apply for outland?
c. When the inland application reaches the approval in principle (AIP) stage, you can apply for a spousal open work permit that will allow you to accept any job from any employer in any part of Canada. I assume this will be sometime during step 2? Is that correct?
Ideally we would love for my fiance to continue working, he has found a great job and is the sole financial support for us currently since I am still a student.
5. Once married and we have applied for PR, will it be a problem that we will still be living apart? We have rented an apartment in Vancouver and both of our names are on the rental agreement and he will live there full time. I will live in Vancouver with him for 3 weeks over xmas and from mid April to beginning of September. I also plan to fly to Vancouver approx. every 5 weeks to visit for 5 days. The reason we are going to live apart still is because I was unable to transfer my university credits over to a school here in Vancouver and he is unable to get a job in his field in Edmonton.
I hope I made that clear. This forum has answered so many of my questions already which is wonderful. Thank you for any help you can provide in clarifying the above.
Cheers.
I would suggest your fiance 'could' look into Provincial nomination instead if he is in a skilled job (or a semi skilled job where he has worked for at least 6-9 months). He would be able to obtain a work permit on the back of it and you wouldn't have the problem about residing together. Alternatively, in the interim (before a spousal application) he could see if the company would be willing to apply for a TWP for him. He could also look into Canadian Experience Class if he has worked for a minimum of 12 months in Canada.
The problem arises even if you are married if you are not living together. You will have 'conditional PR' of which one requirement is to reside together. You can read about that here: Information for Sponsored Spouses or Partners and also here Operational Bulletin 480 (Modified) - June 11, 2014 - hence my suggestion for an alternative PR application.
2.4 Assessing evidence of compliance of the two-year condition
To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.
To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.
Last edited by Siouxie; Sep 1st 2014 at 10:59 pm.
Sep 5th 2014, 12:24 am
#5
Forum Regular
Thread Starter
Joined: Oct 2013
Posts: 31
Re: IEC to PR as common law/Spouse
I would suggest your fiance 'could' look into Provincial nomination instead if he is in a skilled job (or a semi skilled job where he has worked for at least 6-9 months). He would be able to obtain a work permit on the back of it and you wouldn't have the problem about residing together. Alternatively, in the interim (before a spousal application) he could see if the company would be willing to apply for a TWP for him. He could also look into Canadian Experience Class if he has worked for a minimum of 12 months in Canada.
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[/INDENT]
For the CEC I believe he would fall under Managerial jobs (NOC skill type 0).
You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week.
Do you know if this 12 months in Canada or at a Managerial job?
Sep 5th 2014, 12:31 am
#6
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: IEC to PR as common law/Spouse
Thank you for the info. He would be classified as a skilled worker, does the 6-9 months only pertain to the semi-skilled category?
For the CEC I believe he would fall under Managerial jobs (NOC skill type 0).
You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week.
Do you know if this 12 months in Canada or at a Managerial job?
For the CEC I believe he would fall under Managerial jobs (NOC skill type 0).
You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week.
Do you know if this 12 months in Canada or at a Managerial job?
Determine your eligibility – Canadian Experience Class
You need to meet these requirements to apply under the Canadian Experience Class. You must:
plan to live outside the province of Quebec,
have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,
have gained your experience in Canada with the proper authorization,
meet the required language levels needed for your job for each language ability (speaking, reading, writing, and listening).
plan to live outside the province of Quebec,
have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,
have gained your experience in Canada with the proper authorization,
meet the required language levels needed for your job for each language ability (speaking, reading, writing, and listening).
Sep 5th 2014, 12:33 am
#7
Forum Regular
Thread Starter
Joined: Oct 2013
Posts: 31
Re: IEC to PR as common law/Spouse
The problem arises even if you are married if you are not living together. You will have 'conditional PR' of which one requirement is to reside together. You can read about that here: Information for Sponsored Spouses or Partners and also here Operational Bulletin 480 (Modified) - June�11, 2014 - hence my suggestion for an alternative PR application.
2.4 Assessing evidence of compliance of the two-year condition
To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.
To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.
Obviously we want to go with the route that is most likely to succeed. I hope that all makes sense.
Thanks for all the help.
