Common Law partner

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Old Nov 3rd 2017, 10:16 am
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Default Common Law partner

Hello,

I have a question about my partner who I have been with for 5 years.

If I am coming to Canada through express entry program, can she come with me too and work here (she does not have a degree or an in demand profession)? I understand she can obtain an open work permit, but is it a lengthy process?

Can she start the process for obtaining this permit before coming to Canada and how long will it realistically take?

Thanks for help
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Old Nov 3rd 2017, 10:28 am
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Default Re: Common Law partner

Which countries are you citizens of?
Providing the job you have is in skill level 0, A or B on the NOC and you have proof that you meet the common law requirements then Yes she can come and work.
A few more details are required
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Old Nov 3rd 2017, 10:49 am
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Default Re: Common Law partner

Hi,

Thanks for quick reply.

My work experience is under skill level B (estimator/ quantity surveyor). Me and my partner are both Lithuanian, currently living in London.

I am not sure what are the common law requirements, but we have been living at the same address for 4 years.
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Old Nov 3rd 2017, 10:56 am
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Default Re: Common Law partner

Originally Posted by Linas
Hi,

Thanks for quick reply.

My work experience is under skill level B (estimator/ quantity surveyor). Me and my partner are both Lithuanian, currently living in London.

I am not sure what are the common law requirements, but we have been living at the same address for 4 years.
You would meet the definition of common law then. Lithuanian citizens don't require a visa but do require the eTA.
She could simply arrive with you and apply for a spousal open work permit on entry pay the $155 work permit fee and $100 processing fee providing you have proof of your employment in Canada i.e. have a job.
If no job on arrival then she couldn't work until you secure employment in Canada.
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Old Nov 3rd 2017, 11:12 am
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Default Re: Common Law partner

Originally Posted by Linas
I understand she can obtain an open work permit, but is it a lengthy process?
If you're applying for Permanent Residency under EE as you've stated, then she wouldn't get a work permit, she'd get PR as well.

HTH.
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Old Nov 3rd 2017, 11:16 am
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Default Re: Common Law partner

Originally Posted by Former Lancastrian
You would meet the definition of common law then. Lithuanian citizens don't require a visa but do require the eTA.
She could simply arrive with you and apply for a spousal open work permit on entry pay the $155 work permit fee and $100 processing fee providing you have proof of your employment in Canada i.e. have a job.
If no job on arrival then she couldn't work until you secure employment in Canada.
Thanks for the info.

The plan is for me to get a job first and after some weeks, she would arrive.
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Old Nov 3rd 2017, 11:24 am
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Default Re: Common Law partner

Did you include your partner on the EE application? If so then they would get PR status as Xmasoompa indicated. Your 1st post doesn't make that clear.
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Old Nov 3rd 2017, 11:29 am
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Default Re: Common Law partner

Originally Posted by Former Lancastrian
Did you include your partner on the EE application? If so then they would get PR status as Xmasoompa indicated. Your 1st post doesn't make that clear.
To clarify, I have not started the application process yet, I wanted to find out more before I make that move. I did not want to start the process and then abandon it, because something unexpected came up.

I am not sure if it is better to include my partner or not. I need look into it. As I said in my original post she does not have a degree or an in demand profession at this point.
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Old Nov 3rd 2017, 11:31 am
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Default Re: Common Law partner

Originally Posted by Linas
To clarify, I have not started the application process yet, I wanted to find out more before I make that move. I did not want to start the process and then abandon it, because something unexpected came up.

I am not sure if it is better to include my partner or not. I need look into it. As I said in my original post she does not have a degree or an in demand profession at this point.
Why would that even matter. Include her on the application and if you get selected then you both get PR status. Its a no brainer.
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Old Nov 3rd 2017, 11:31 am
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Default Re: Common Law partner

Originally Posted by Linas
I am not sure if it is better to include my partner or not. I need look into it. As I said in my original post she does not have a degree or an in demand profession at this point.
So she doesn't want to move with you?

You have to include her if she is your common-law partner, you don't get a choice - to do otherwise would be misrepresentation and would also mean you couldn't sponsor her for PR down the line if she changed her mind. So if she doesn't want to move with you and you're splitting up it's ok to exclude her from your app, otherwise you must include her (even if just as a non-accompanying dependent).

As stated above, she doesn't need a degree or in demand profession, it's all done on your points (although she can contribute to those too). But her experience and qualifications (or lack thereof) aren't going to stop you getting PR.

HTH.

Last edited by christmasoompa; Nov 3rd 2017 at 11:36 am.
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Old Nov 3rd 2017, 11:45 am
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Default Re: Common Law partner

Originally Posted by christmasoompa
So she doesn't want to move with you?

You have to include her if she is your common-law partner, you don't get a choice - to do otherwise would be misrepresentation and would also mean you couldn't sponsor her for PR down the line if she changed her mind. So if she doesn't want to move with you and you're splitting up it's ok to exclude her from your app, otherwise you must include her (even if just as a non-accompanying dependent).

As stated above, she doesn't need a degree or in demand profession, it's all done on your points (although she can contribute to those too). But her experience and qualifications (or lack thereof) aren't going to stop you getting PR.

HTH.
She does want to move with me, but I was thinking it would be easier for me to move only by myself first financially.

Also, for some reason I had this idea in my head that if I am applying with my partner, we would require more points to 'pass'.
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Old Nov 3rd 2017, 11:49 am
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Default Re: Common Law partner

Originally Posted by Linas
She does want to move with me, but I was thinking it would be easier for me to move only by myself first financially.
You can do that, but you'll still have to declare her on your application, if you leave her off then as said above you're committing misrepresentation, but she also has no way of getting a visa in the future when she does want to move, unless she qualifies on her own merits (doesn't sound as though she will from what you've said).

But although the proof of funds amount is thought by most to be very low, it should still give you enough to get set up in Canada, so whilst it will be easier for you to move first financially, you should be able to go together if you wish.

Originally Posted by Linas
Also, for some reason I had this idea in my head that if I am applying with my partner, we would require more points to 'pass'.
Nope. She'll actually contribute points.

What are you scoring on the CRS?
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Old Nov 3rd 2017, 12:04 pm
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Default Re: Common Law partner

Originally Posted by christmasoompa

Nope. She'll actually contribute points.

What are you scoring on the CRS?

I have not completed my profile yet, I have only taken the quick express entry test, which tells me I would be eligible.
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Old Nov 3rd 2017, 12:06 pm
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Default Re: Common Law partner

Originally Posted by Linas
I have not completed my profile yet, I have only taken the quick express entry test, which tells me I would be eligible.
Ah, ok. In which case, check your score here Comprehensive Ranking System (CRS) tool: skilled immigrants (Express Entry). If you're not scoring enough it's all a bit of a moot point!

And you can see how her points will affect your total points score (usually will add to them, if she takes IELTS too) here - Comprehensive Ranking System (CRS) Criteria – Express Entry

HTH.

Last edited by christmasoompa; Nov 3rd 2017 at 12:10 pm.
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Old Nov 3rd 2017, 1:45 pm
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Default Re: Common Law partner

Originally Posted by christmasoompa
Ah, ok. In which case, check your score here Comprehensive Ranking System (CRS) tool: skilled immigrants (Express Entry). If you're not scoring enough it's all a bit of a moot point!
Thanks for the link. I have scored 429, not sure how that compares to other candidates.

I can also see how my spouse can give me additional points, which is very useful.

Last edited by Linas; Nov 3rd 2017 at 1:48 pm.
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