Confusing Visa Issue!

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Old Feb 19th 2011, 5:12 pm
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Default Confusing Visa Issue!

Hey guys,

I'm hoping someone here can help me... I've been offered a job in Montreal, they'd handle all my visa stuff for me and I'd be moving over in about 6 weeks

What I'm confused about is bringing my partner with me, we have been together almost 7 years but have only lived together for about 7 months.

I've been told that they won't even ask when I get to Canada but from what I've read you have to be living together for 12 months... Is this likely to be a problem?
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Old Feb 19th 2011, 6:09 pm
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Default Re: Confusing Visa Issue!

Originally Posted by Toleero84
Hey guys,

I'm hoping someone here can help me... I've been offered a job in Montreal, they'd handle all my visa stuff for me and I'd be moving over in about 6 weeks

What I'm confused about is bringing my partner with me, we have been together almost 7 years but have only lived together for about 7 months.

I've been told that they won't even ask when I get to Canada but from what I've read you have to be living together for 12 months... Is this likely to be a problem?
They probably will ask, and yes unfortunately it is a problem - you have to have lived together for at least twelve months for her to qualify as your common-law spouse. You'd need to show proof of a 'marriage like' relationship i.e. joint insurances, wills naming each other as beneficiaries, joint bank account, rental agreement or mortgage in both names etc.

She could however, accompany you on a visitor visa (up to six months) and then when you've lived together for the year she could apply for her open work permit from your Temp Work Permit. Downside of course is that she cannot work on a visitor visa, so maybe check to see if there is any other visa she would be eligible for first? Or is a quick marriage an option?

Having said all of that, at what stage are the LMO/visa applications at? Have you got all that sorted already? Just that if not, you're unlikely to be moving in 6 weeks anyway.

HTH, good luck and welcome to the forum.
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Old Feb 19th 2011, 6:19 pm
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Default Re: Confusing Visa Issue!

Originally Posted by Toleero84
Hey guys,

I'm hoping someone here can help me... I've been offered a job in Montreal, they'd handle all my visa stuff for me and I'd be moving over in about 6 weeks

What I'm confused about is bringing my partner with me, we have been together almost 7 years but have only lived together for about 7 months.

I've been told that they won't even ask when I get to Canada but from what I've read you have to be living together for 12 months... Is this likely to be a problem?
They most definately will ask.

You will go through immigration and get handed your temp work permit - the immigration officer will then turn to your partner and wonder what her status in the country will be.

She unfortunately can't just turn up and work.

If things are moving as quickly as you say they are, it looks like the only option would be to gather up as much information regarding your relationship here (bills, joint accounts, life ins if you have each other named etc) and for her to advise the io that she wishes to come in on a visitor visa because you will be applying for a spousal owp when in Canada, due to the length of time that you have lived together in the UK.

This means you will be able to apply after 5 months, so be aware that she will probably need to extend her visitor visa from inside of Canada too, to cover any time lapse in case her original vv is only for 6 months.
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Old Feb 19th 2011, 7:35 pm
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Default Re: Confusing Visa Issue!

Thanks! What sort of salary would I need to support 2 people reasonably comfortably in Montreal?
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Old Feb 19th 2011, 7:38 pm
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Default Re: Confusing Visa Issue!

Originally Posted by Toleero84
Hey guys,

I'm hoping someone here can help me... I've been offered a job in Montreal, they'd handle all my visa stuff for me and I'd be moving over in about 6 weeks

What I'm confused about is bringing my partner with me, we have been together almost 7 years but have only lived together for about 7 months.

I've been told that they won't even ask when I get to Canada but from what I've read you have to be living together for 12 months... Is this likely to be a problem?
We did ours at POE and weren't asked for any proof of our relationship status. I went way over board with bringing documents with us to clarify we have been living together over 12 months, joint bank account etc but they didn't need to see them. They just took my partners Job offer and resume etc and our passports told us to sit down and 10 minutes later passports were given back with shiny new visas.
But as the others say I personally wouldn't take the risk as I suppose it really does depend on the Immigration officer at the end of the day and it does show it as a requirement on their website. As the others have said worse comes to worse your OH can get a visitor permit and wait the 4/5 months and get the work permit done later.
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Old Feb 19th 2011, 7:45 pm
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Default Re: Confusing Visa Issue!

Originally Posted by stacey.cook1
We did ours at POE and weren't asked for any proof of our relationship status. I went way over board with bringing documents with us to clarify we have been living together over 12 months, joint bank account etc but they didn't need to see them. They just took my partners Job offer and resume etc and our passports told us to sit down and 10 minutes later passports were given back with shiny new visas.
But as the others say I personally wouldn't take the risk as I suppose it really does depend on the Immigration officer at the end of the day and it does show it as a requirement on their website. As the others have said worse comes to worse your OH can get a visitor permit and wait the 4/5 months and get the work permit done later.
but how did you come in - were you pr's????? I cannot believe for one minute that you hadn't filled in any paperwork beforehand for yourself - turned up in Canada - weren't asked to show any documentation and were given a "shiny new visa" Wouldn't happen.

I can tell you now 100% that if the op has an arranged temp work permit from his work, and they do nothing for his girlfriend - then the best she will get is a visitor visa.
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Old Feb 19th 2011, 8:54 pm
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Default Re: Confusing Visa Issue!

Originally Posted by mandymoochops
but how did you come in - were you pr's????? I cannot believe for one minute that you hadn't filled in any paperwork beforehand for yourself - turned up in Canada - weren't asked to show any documentation and were given a "shiny new visa" Wouldn't happen.

I can tell you now 100% that if the op has an arranged temp work permit from his work, and they do nothing for his girlfriend - then the best she will get is a visitor visa.
Nope we were on working holiday visas previously and had to go and get our TWP's prior to them running out (we just flagpoled), we had been in canada less than a year so i was panicking that we would be asked to provide lots of evidence from the UK. Luckily my partners occupation was on the LMO exempt list so no form filling just needed to hand over job offer and resume and hey presto 'shiny new visas' .
Slightly different circumstances granted but still we weren't asked any questions or for proof of our relationship at any point which i found odd, was just advising of our experience is all.
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Old Feb 19th 2011, 9:03 pm
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Default Re: Confusing Visa Issue!

As the OP hasn't lived with their partner for 12 months to qualify for common law, couldn't he/she apply for an IEC (working holiday) visa if they are under 31?

http://www.canadainternational.gc.ca....aspx?lang=eng and http://www.canadainternational.gc.ca...q.aspx#spouses

Last edited by Siouxie; Feb 19th 2011 at 9:06 pm.
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Old Feb 19th 2011, 9:32 pm
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Default Re: Confusing Visa Issue!

ooooh good point Sou.
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Old Feb 19th 2011, 11:20 pm
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Default Re: Confusing Visa Issue!

How long would that application take? My Visa is being handled by the company that's employing me.
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Old Feb 20th 2011, 1:16 am
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Default Re: Confusing Visa Issue!

Any more information on this IEC? there's a lot of information on the site and it's quite hard to digest!

Also, what is a 'good' salary for Montreal?

Thanks
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Old Feb 20th 2011, 1:25 am
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Default Re: Confusing Visa Issue!

Basically IEC is a working holiday Visa. Valid for 12 months and available to those under 31.

There is a certain amount allocated each year - you need to search for "IEC working holiday Visa" in Google to see a) if the allocations for this year are all taken and b)everything about it!!!!

Sorry I can't give you more info (there may be something in the WIKI - up there just below the dot in between expats and com on the header of this page!!!!!!!) this isn't a route I know much about.
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Old Feb 20th 2011, 1:26 am
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Default Re: Confusing Visa Issue!

Originally Posted by Toleero84
Any more information on this IEC? there's a lot of information on the site and it's quite hard to digest!

Also, what is a 'good' salary for Montreal?

Thanks
Look in the WIKI for cost of living too, also theres been numerous threads on this subject if you do a search on that too
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Old Feb 20th 2011, 1:27 am
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Default Re: Confusing Visa Issue!

Originally Posted by mandymoochops
Basically IEC is a working holiday Visa. Valid for 12 months and available to those under 31.

There is a certain amount allocated each year - you need to search for "IEC working holiday Visa" in Google to see a) if the allocations for this year are all taken and b)everything about it!!!!

Sorry I can't give you more info (there may be something in the WIKI - up there just below the dot in between expats and com on the header of this page!!!!!!!) this isn't a route I know much about.
Had a quick look, this could be a good avenue to look at - if she got it now would she have to use it straight away?
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Old Feb 20th 2011, 1:34 am
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Default Re: Confusing Visa Issue!

Originally Posted by Toleero84
Had a quick look, this could be a good avenue to look at - if she got it now would she have to use it straight away?
Unsure as I say it's not something I knoe about - but from memory from people on here I THINK that it's activated once she gets to Canada and valid for a year from then.

Do check on the restrictions of this visa, I seem to recall you can't be common law and have one - or that may have been a BUNAC (a company that used to run this holiday visa thing) requirement.

Actually you know what - i'm stepping aside - I don't know enough about this!!!!!!
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