EndatheRoad

Hi All,

Have a bit of an unusual situation here. I have scoured the forum but haven't come across a straight answer yet! My spouse (common law for 4 years) has a job offer in Canada and wants to start asap as she can make very good money there. She's going to be on a TWP pending LMO approval etc.
I want to stay in the UK for another year to build up my business before I sell it. Can I apply to sponsor her if she's working in Canada and I'm still here? I'd be able to explain why I'm not going over with her straight away and she can stay with my family there while working etc. Would it improve our chances if we got married?

Thanks,
Enda

PS I'm a Canadian citizen

Saya10

The only thing I think that maybe an issue would be proving your intent to move back to Canada. Canadian citizens can sponsor a spouse while outside the country but must prove they are moving back to Canada....ie job offer, house etc. Not sure if her being in Canada and you not would case a "red flag" with the IO. Hopefully someone else can comment further.

PMM

Hi

1 year separation for common-law would blow the sponsorship out of the water.

Saya10

Right, they would need to prove that the sponsor is moving back to Canada once (and if) the PR is approved. So theoretically they prove this, then would it be okay for the applicant to be in Canada (legally) while the sposonor wasnt? If we are looking at an average timeline for London of 2-8 months, chances they would get a decision before the 1 year mark. I mean the main focus would have to be proving return to Canada and continuous relationship, which will take more to prove than say a marriage.

OP2 5.36
"After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example,.......employment.......Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relastionship in the past for at least one year and intent to do so again as soon as possible......."

iaink

She could just transition from her TWP to PR independent of you. Im married to a canadian, but my PR was not based on that.

As Pmm says, separation complicates things, and citizenship requires you to be heading back to Canada.

The other alternative is just to wait until you are ready to move back to Canada I suppose. Time wise the end result is going to be similar.

EndatheRoad

Thanks for the answers folks. Maybe it'll be best for her to apply as a skilled worker with employment once she's over there.
Cheers, Enda.