SarahJaneO

Hello lovelies,

I was hoping someone could help me. I'm a bit confused about the common law visa. I am Canadian and my partner of 4 years is English, we have plans to move back to Canada ASAP, but I was wondering if anyone knew if he will be able to work as soon as he arrives in Canada or is their another type of paperwork he will need to work?

Please help!!

Thanks so much

Sarah

Aviator

Demystifying Google

Can my spouse or common-law partner work in Canada?

Vulcanoid

Once he lands as a PR he will be able to work. If you apply outland, he will not be able to work during the process (unless he has another kind of work permit). If you apply inland (which you can only do if you live together in Canada), he can apply for a work permit at the same time as filing the application.

SarahJaneO

Thank you! So if we apply under the common law visa while we are both still
In the U.K. He won't need to apply for the work
Visa until we arrive in Canada? Would you recommend applying for it before hand though and then just actually moving once he has the work permit
In hand?
Any info on helpful

Thanks again!!

Hurlabrick

I don't know if you have yet discovered the invaluable wiki section of this forum. I would suggest a thorough read of the following:

Spousal Sponsorship-Canada : British Expat Wiki

Spousal Sponsorship-Canada/FAQ - New Application Forms : British Expat Wiki

First you need to decide if you are going to apply Inland or Outland - there are pro's and con's to each. You can apply for Outland now, but you cannot apply for Inland until / unless you are in Canada.

If you apply Outland, you can move to Canada under 'dual intent' (see one of the links above), so your boyfriend can stay with you as a visitor (although he will NOT be able to work until final approval).

If you apply outland, you do not apply separately for a work permit, that is automatic once you are approved and have a CoPR.

For outland approval timescales, please refer to the spreadsheet in my signature line below, these are real life cases. But generally, plan on 'beginning to end' timescales of a minimum of 6 months and a likely (but not guaranteed) maximum of 12 months.

To apply for any form of spousal sponsorship, you must have lived together (and be able to prove it) for at least 12 months continuously, without break.

SchnookoLoly

Another note on inland... you can't apply until your boyfriend is physically IN Canada. The work permit takes about 4 months to come through.

There is also no guarantee your boyfriend will be let into Canada, especially if you say that your plan is to stay permanently. There have been cases of people being refused entry in this case.

So consider carefully whether to apply inland vs outland, and what your timescales look like.