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Canadian (Quebec) citizen and British common-law spouse

Canadian (Quebec) citizen and British common-law spouse

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Old Sep 22nd 2014, 2:13 am
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Default Canadian (Quebec) citizen and British common-law spouse

Hello.

I am from England and my spouse lives in Canada (Quebec). She is a Canadian citizen from birth and is studying full time. We want to live together in Montreal and work towards my permanent residency. I am not skilled or educated but I wish to study in Montreal. She is in full time education. I have c15,000$ savings to help fund our first year together. We have travelled together so we have plenty of pictures as proof of partnership. We have also bought each other gifts as further proof. We have been in contact since meeting almost every day via social media. We have been together for less than 6 months. We are considering our options.

- Working visa: Not an option as I am not a skilled migrant.
- Study visa: Could be an option if I am accepted into a school.
- Sponsorship on a tourist visa: Could be an option but there are issues with me being eligible to work/study during the first year.

If I choose the study or sponsorship on a tourist visa options, we have a few questions on sponsorship. Our understanding is the following.

- I enter Canada.
- We both co-sign a house lease as proof of partnership
- We both apply for my spouse to be my guarantor
- My spouse is my guarantor for 3 years
- I am eligible for permanent residency after 1 year
- I can work during the first year as long as my spouse is in full time education
- I can work after being granted permanent residency after 1 year without my spouse needing to be in full time education
- I maintain permanent residency for three years to be eligible to apply for citizenship

Our questions.

If I enter on a tourist visa, should I tell Canadian immigration about my spouse or keep quiet?

If I enter on a tourist visa, am I able to co-sign a lease on a rental property for proof of cohabitation?

How long until we can apply for sponsorship? (I read 6 months?)

I read that I am able to work during the first year on a tourist visa as long as my spouse is studying full time and we have applied for sponsorship. Is this possible, are there any restrictions and is this only after the first 6 months (after applying for sponsorship)?

Is it better to apply for permanent residency if I am already in Canada (inland as apposed to outland)?


We basically want to live together with the possibility of me becoming a citizen and ideally me being able to work from the beginning.


Thanks!
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Old Sep 22nd 2014, 5:19 am
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Default Re: Canadian (Quebec) citizen and British common-law spouse

Originally Posted by ACanadianDream
Hello.

I am from England and my spouse lives in Canada (Quebec). She is a Canadian citizen from birth and is studying full time. We want to live together in Montreal and work towards my permanent residency. I am not skilled or educated but I wish to study in Montreal. She is in full time education. I have c15,000$ savings to help fund our first year together. We have travelled together so we have plenty of pictures as proof of partnership. We have also bought each other gifts as further proof. We have been in contact since meeting almost every day via social media. We have been together for less than 6 months. We are considering our options.

- Working visa: Not an option as I am not a skilled migrant.
- Study visa: Could be an option if I am accepted into a school.
- Sponsorship on a tourist visa: Could be an option but there are issues with me being eligible to work/study during the first year.

If I choose the study or sponsorship on a tourist visa options, we have a few questions on sponsorship. Our understanding is the following.

- I enter Canada.
- We both co-sign a house lease as proof of partnership
- We both apply for my spouse to be my guarantor
- My spouse is my guarantor for 3 years
- I am eligible for permanent residency after 1 year
- I can work during the first year as long as my spouse is in full time education
- I can work after being granted permanent residency after 1 year without my spouse needing to be in full time education
- I maintain permanent residency for three years to be eligible to apply for citizenship

Our questions.

If I enter on a tourist visa, should I tell Canadian immigration about my spouse or keep quiet?

If I enter on a tourist visa, am I able to co-sign a lease on a rental property for proof of cohabitation?

How long until we can apply for sponsorship? (I read 6 months?)

I read that I am able to work during the first year on a tourist visa as long as my spouse is studying full time and we have applied for sponsorship. Is this possible, are there any restrictions and is this only after the first 6 months (after applying for sponsorship)?

Is it better to apply for permanent residency if I am already in Canada (inland as apposed to outland)?


We basically want to live together with the possibility of me becoming a citizen and ideally me being able to work from the beginning.


Thanks!
Unless you have resided together for 12 consecutive months 'as if married' none of the above (other than you coming as a student) will apply unfortunately as you would not be classed as 'common law partners'. Your alternative would be to get married or find a different way to come to Canada.

If you are under 30, you could apply for an IEC working holiday permit (they should be available again in December but go very quickly - within hours) which would allow you to work and live in Canada for a year (you can also apply for a 2nd year if you still qualify).

Sorry to be the bearer of bad news.

http://www.cic.gc.ca/english/study/index.asp
http://britishexpats.com/wiki/Catego...gration-Canada
http://www.canadainternational.gc.ca...ex.aspx?view=d



Last edited by Siouxie; Sep 22nd 2014 at 5:21 am.
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Old Sep 22nd 2014, 8:56 am
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Default Re: Canadian (Quebec) citizen and British common-law spouse

Thanks for the response.

So just to clarify, we would not be considered a common-law couple if we lived together in Canada for 12 months whilst I was on a tourist visa?

This discussion disagrees which adds to my confusion:

Common-law sponsorship.HELP!!
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Old Sep 22nd 2014, 11:26 am
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Default Re: Canadian (Quebec) citizen and British common-law spouse

Originally Posted by ACanadianDream
Thanks for the response.

So just to clarify, we would not be considered a common-law couple if we lived together in Canada for 12 months whilst I was on a tourist visa?

This discussion disagrees which adds to my confusion:

Common-law sponsorship.HELP!!
No, you would be considered common-law if you've lived together for 12 months. Perhaps Siouxie's confusion came from this comment 'How long until we can apply for sponsorship? (I read 6 months?)'?

Also, you said this '- I can work during the first year as long as my spouse is in full time education', which isn't correct, as that would only apply if your spouse was on a study permit. As she's a Canadian citizen, it's not relevant.

Does that clarify it? So you need to live together for a year or more, can't work during that year unless you get a Temp Work Permit, but then once you've done the year you can apply for PR and it'll take around 8 months or so to get PR after applying.

HTH.
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Old Sep 22nd 2014, 1:19 pm
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Default Re: Canadian (Quebec) citizen and British common-law spouse

Hi Christmasoompa.

This is where I read about being able to work if my spouse is in full time education but reading it again it becomes clear that this is referring to an immigrant bringing their spouse to Canada.

Help your spouse or common-law partner work in Canada

This is where I read (and wrongly made the assumption) that we would only need to be together for 6 months before making an application for sponsorship/residency. However, in post #1 the poster asks if it is a good idea to inform Canadian Immigration of intent to apply for permanent residency when renewing the tourist visa after 6 months. Any thoughts on this?

Common-law sponsorship.HELP!!
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Old Sep 22nd 2014, 3:33 pm
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Default Re: Canadian (Quebec) citizen and British common-law spouse

My opinion on when you get to the border, and it's just my opinion, is just answer the questions honestly as they are asked - DO NOT LIE. What are you doing here? Visiting my girlfriend. For how long? 6 weeks. What do you do back home? x. And so on. You will need to prove to the agent that you will return to the the UK, so you'll need to have things ready like a return ticket and able to show ties back home (like you only have 3 weeks off from your job or whatever, or you're still paying rent on your flat, etc). The agent may stamp you with a 6 month visitor visa, in which case you can enter on that and then not use your return plane ticket, or they may stamp you with only 3 weeks (unlikely, but not unheard of!). So you'll have to sort of play it by ear. IF you are asked if you are planning on staying permanently, then you should say that yes, but only if you are legally able to - you are hoping to come for 6 months and live with your girlfriend, show you have funds to support yourself or have a letter from your gf saying she can support you, and have your return ticket... basically ou just need to convince them that you aren't going to overstay, and showing that you understand the rules can help.

No guarantees on what will happen... be truthful when asked questions, DO NOT LIE, but when asked things like "what is the purpose of your visit", you can say "visiting my girlfriend" instead of "moving here!"

Have you looked into the IEC visa at all? You don't say your age but if you are 30 or under then that might be the easiest.

Else marriage might need to be on the table.
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Old Sep 22nd 2014, 11:30 pm
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Default Re: Canadian (Quebec) citizen and British common-law spouse

Easiest option IMO would be to get married. Then you can just apply for PR.
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Old Sep 23rd 2014, 1:47 am
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Default Re: Canadian (Quebec) citizen and British common-law spouse

I'm 31 so IEC is not an option.
Also, we have not known each other long enough for marriage to be an option either.

I think the best option would be for me to try and get into school as I want to study anyway.
Then I can work and we can live together and work towards permanent residency.
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