Can I stay here as Common-law partner?
Sep 9th 2008, 2:50 am
#1
Just Joined
Thread Starter
Joined: Sep 2008
Posts: 4
Can I stay here as Common-law partner?
Hi,
I'm a 27 year old Irish male living in Vancouver with my Irish girlfriend. Here's my predicament:
I had a 1 year visa to work here, which expired yesterday. I began the process of getting sponsored by my employer. I got my LMO (labour market opinion) last week. My girlfriend got full sponsorship and a one year visa extension last month.
My question is, can I extend my stay here as her common law partner? I have all the proof for the last 12 months etc.
I don't want to be tied to my job, as it hasn't been a good place to be recently. Although I have the LMO, can I get an extension as my girlfriend's common-law partner?
Or, even better, can I complete my application with the LMO, then transfer to be sponsored by her in a few months? I couldn't bear a full year in this job.
I had a look here at the link below, it seems to indicate that I can extend, but only if I am 'authorized to work in Canada for six months or longer.' If I completed my own application using the LMO, it would take care of this.
http://geo.international.gc.ca/asia/...orkers-en.aspx
Any help would be greatly appreciated.
John
I'm a 27 year old Irish male living in Vancouver with my Irish girlfriend. Here's my predicament:
I had a 1 year visa to work here, which expired yesterday. I began the process of getting sponsored by my employer. I got my LMO (labour market opinion) last week. My girlfriend got full sponsorship and a one year visa extension last month.
My question is, can I extend my stay here as her common law partner? I have all the proof for the last 12 months etc.
I don't want to be tied to my job, as it hasn't been a good place to be recently. Although I have the LMO, can I get an extension as my girlfriend's common-law partner?
Or, even better, can I complete my application with the LMO, then transfer to be sponsored by her in a few months? I couldn't bear a full year in this job.
I had a look here at the link below, it seems to indicate that I can extend, but only if I am 'authorized to work in Canada for six months or longer.' If I completed my own application using the LMO, it would take care of this.
http://geo.international.gc.ca/asia/...orkers-en.aspx
Any help would be greatly appreciated.
John
Sep 9th 2008, 1:23 pm
#2
Swollen Member
Joined: Nov 2005
Location: Toronto (thank goodness)
Posts: 1,267
Re: Can I stay here as Common-law partner?
I don't believe your girl can sponsor you as it doesn't sound like she is a PR. Does she have this application under way??
You might just have to suck it up and have another year at your firm.
Sorry!
You might just have to suck it up and have another year at your firm.
Sorry!
Sep 9th 2008, 2:10 pm
#3
Joined: May 2004
Posts: 8,984
Re: Can I stay here as Common-law partner?
Hi,
I'm a 27 year old Irish male living in Vancouver with my Irish girlfriend. Here's my predicament:
I had a 1 year visa to work here, which expired yesterday. I began the process of getting sponsored by my employer. I got my LMO (labour market opinion) last week. My girlfriend got full sponsorship and a one year visa extension last month.
My question is, can I extend my stay here as her common law partner? I have all the proof for the last 12 months etc.
I don't want to be tied to my job, as it hasn't been a good place to be recently. Although I have the LMO, can I get an extension as my girlfriend's common-law partner?
Or, even better, can I complete my application with the LMO, then transfer to be sponsored by her in a few months? I couldn't bear a full year in this job.
I had a look here at the link below, it seems to indicate that I can extend, but only if I am 'authorized to work in Canada for six months or longer.' If I completed my own application using the LMO, it would take care of this.
http://geo.international.gc.ca/asia/...orkers-en.aspx
Any help would be greatly appreciated.
John
I'm a 27 year old Irish male living in Vancouver with my Irish girlfriend. Here's my predicament:
I had a 1 year visa to work here, which expired yesterday. I began the process of getting sponsored by my employer. I got my LMO (labour market opinion) last week. My girlfriend got full sponsorship and a one year visa extension last month.
My question is, can I extend my stay here as her common law partner? I have all the proof for the last 12 months etc.
I don't want to be tied to my job, as it hasn't been a good place to be recently. Although I have the LMO, can I get an extension as my girlfriend's common-law partner?
Or, even better, can I complete my application with the LMO, then transfer to be sponsored by her in a few months? I couldn't bear a full year in this job.
I had a look here at the link below, it seems to indicate that I can extend, but only if I am 'authorized to work in Canada for six months or longer.' If I completed my own application using the LMO, it would take care of this.
http://geo.international.gc.ca/asia/...orkers-en.aspx
Any help would be greatly appreciated.
John
You should have used the LMO and apply for extension of your work permit (if it was a standard one) or change of conditions (if it was working holiday kind of permit). It would keep you in status in Canada, even if you would have decided not to continue working for the employer you don't like.
Then you would be able to change it again to the OWP as common-law partner of work permit holder.
Now you have to leave Canada and apply from abroad or eventually at the port of entry if you qualify of course.
Depending from what kind of work permit you had you may have a chance for restoration of status, but it is a tough one now.
You messed up big time.
Sep 9th 2008, 2:51 pm
#4
Just Joined
Thread Starter
Joined: Sep 2008
Posts: 4
Re: Can I stay here as Common-law partner?
I was under the impression that, because I have begun the process of applying, I get implied status until the process has completed?
Sep 9th 2008, 3:00 pm
#6
Swollen Member
Joined: Nov 2005
Location: Toronto (thank goodness)
Posts: 1,267
Sep 9th 2008, 4:05 pm
#7
Joined: May 2004
Posts: 4,483
Re: Can I stay here as Common-law partner?
You are out of status and there is no grounds for considering your status as deemed to be continuing unless you have already submitted an application for extension or WP. If your spouse has status and has been approved for PNP with new TWP in meantime then you will have to leave Canada and be included in her PR application. As an Irish citizen you can return as a visitor while her PR application is under consideration. You may also qualify for an open work permit too but first you have to leave Canada.
May 22nd 2009, 10:58 pm
#8
Just Joined
Thread Starter
Joined: Sep 2008
Posts: 4
Re: Can I stay here as Common-law partner?
First of all - you are now out of status in Canada and can't make any in Canada application for work permit's extension or change of conditions.
You should have used the LMO and apply for extension of your work permit (if it was a standard one) or change of conditions (if it was working holiday kind of permit). It would keep you in status in Canada, even if you would have decided not to continue working for the employer you don't like.
Then you would be able to change it again to the OWP as common-law partner of work permit holder.
Now you have to leave Canada and apply from abroad or eventually at the port of entry if you qualify of course.
Depending from what kind of work permit you had you may have a chance for restoration of status, but it is a tough one now.
You messed up big time.
You should have used the LMO and apply for extension of your work permit (if it was a standard one) or change of conditions (if it was working holiday kind of permit). It would keep you in status in Canada, even if you would have decided not to continue working for the employer you don't like.
Then you would be able to change it again to the OWP as common-law partner of work permit holder.
Now you have to leave Canada and apply from abroad or eventually at the port of entry if you qualify of course.
Depending from what kind of work permit you had you may have a chance for restoration of status, but it is a tough one now.
You messed up big time.
As it happens I am still in Canada. All I had to do was go to a Canadian port of entry (US border in this case) with my LMO and passport. Canadian immigration were only too happy to extend my work visa by three years.
It looks like the so-called experts on this site have not a clue
May 22nd 2009, 11:43 pm
#9
BE Forum Addict
Joined: Mar 2007
Location: Valemount, BC, Canada
Posts: 1,281
Re: Can I stay here as Common-law partner?
Thanks for this opinion Andrew.
As it happens I am still in Canada. All I had to do was go to a Canadian port of entry (US border in this case) with my LMO and passport. Canadian immigration were only too happy to extend my work visa by three years.
It looks like the so-called experts on this site have not a clue
As it happens I am still in Canada. All I had to do was go to a Canadian port of entry (US border in this case) with my LMO and passport. Canadian immigration were only too happy to extend my work visa by three years.
It looks like the so-called experts on this site have not a clue
To quote Andrew: "Now you have to leave Canada and apply from abroad or eventually at the port of entry if you qualify of course."
Forgive me for stating the obvious, but isn't that exactly what you did?!
May 23rd 2009, 12:13 am
#10
Joined: Oct 2007
Location: Ontario
Posts: 6,609
Re: Can I stay here as Common-law partner?
Not defending A Miller for obvious reasons (do a search for recent threads about him) but in this case, I can't see why you're saying that he (and implying that Jim) doesn't have a clue.
To quote Andrew: "Now you have to leave Canada and apply from abroad or eventually at the port of entry if you qualify of course."
Forgive me for stating the obvious, but isn't that exactly what you did?!
To quote Andrew: "Now you have to leave Canada and apply from abroad or eventually at the port of entry if you qualify of course."
Forgive me for stating the obvious, but isn't that exactly what you did?!
May 23rd 2009, 8:30 pm
#11
SUPER MODERATOR
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,052
Re: Can I stay here as Common-law partner?
Thanks for this opinion Andrew.
As it happens I am still in Canada. All I had to do was go to a Canadian port of entry (US border in this case) with my LMO and passport. Canadian immigration were only too happy to extend my work visa by three years.
It looks like the so-called experts on this site have not a clue
As it happens I am still in Canada. All I had to do was go to a Canadian port of entry (US border in this case) with my LMO and passport. Canadian immigration were only too happy to extend my work visa by three years.
It looks like the so-called experts on this site have not a clue
Regardless of that, can I please remind you that the 'so-called experts on this site' give their time for free and frequently help those in desperate need. Their input is much appreciated by many on this site (including me), and PMM, Jim Humphries, Paul Wildy et al are valued members of this forum.
May 24th 2009, 1:12 am
#12
BE Forum Addict
Joined: Mar 2007
Location: Valemount, BC, Canada
Posts: 1,281
Re: Can I stay here as Common-law partner?
As the pp's have said, you did exactly what Andrew said in his post.
Regardless of that, can I please remind you that the 'so-called experts on this site' give their time for free and frequently help those in desperate need. Their input is much appreciated by many on this site (including me), and PMM, Jim Humphries, Paul Wildy et al are valued members of this forum.
Regardless of that, can I please remind you that the 'so-called experts on this site' give their time for free and frequently help those in desperate need. Their input is much appreciated by many on this site (including me), and PMM, Jim Humphries, Paul Wildy et al are valued members of this forum.
I think the BE members that christmasoompa has mentioned are extremely knowledgeable and great assets to this forum, but I can definitely state that Jim Humphries has probably personally saved my sanity on more than one occasion when I got confused/worried during the long PR process.
May 24th 2009, 3:17 am
#13
Forum Regular
Joined: Nov 2006
Posts: 196
Re: Can I stay here as Common-law partner?
WSS ^^^
I think the BE members that christmasoompa has mentioned are extremely knowledgeable and great assets to this forum, but I can definitely state that Jim Humphries has probably personally saved my sanity on more than one occasion when I got confused/worried during the long PR process.
I think the BE members that christmasoompa has mentioned are extremely knowledgeable and great assets to this forum, but I can definitely state that Jim Humphries has probably personally saved my sanity on more than one occasion when I got confused/worried during the long PR process.
