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Common-Law Partner - Not cohabitating though!

Common-Law Partner - Not cohabitating though!

Old Mar 8th 2008, 2:55 pm
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Default Common-Law Partner - Not cohabitating though!

Hello!

My boyfriend and I want to move to Nova Scotia. We are just starting out on the long drawn out application process so I imagine I will be frequenting the boards a lot in the next two years or so...

I am Irish, living in London. My boyfriend is a Londoner. I meet the points but he doesn't quite reach it. Would he qualify as "my common-law partner" even though we haven't been living together at the time of applying? We are finding a place together at the moment so by the time the visa would be processed, we would be living together for a year or so... or does that count? What kind of proof do they require to show we have been co-habitating?

Thanks.
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Old Mar 8th 2008, 3:00 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Originally Posted by Shoe
Hello!

My boyfriend and I want to move to Nova Scotia. We are just starting out on the long drawn out application process so I imagine I will be frequenting the boards a lot in the next two years or so...

I am Irish, living in London. My boyfriend is a Londoner. I meet the points but he doesn't quite reach it. Would he qualify as "my common-law partner" even though we haven't been living together at the time of applying? We are finding a place together at the moment so by the time the visa would be processed, we would be living together for a year or so... or does that count? What kind of proof do they require to show we have been co-habitating?

Thanks.

Hi and welcome! I think that you have to have lived together for a year (and show proof of that i.e. utilities bills in both names, joint bank account statement with address on etc) before you can qualify as partners in the CIC sense of the word. But I don't know if you have to have lived together for that year when you first apply or not? I'm sure somebody else with a lot more knowledge than me will be along to help you shortly. If you are going the 'simplified application' skilled worker route which takes around 5 years + then I think that they won't ask for documentation until they start to process your application but I'm not 100% sure how they do it - I don't know if they'd need to see proof dating back to when you put your simplified application in or just for the year before they started processing your application (if that makes any sense at all?!).

Best of luck with it all anyway, hope you get a definitive answer from someone soon!!

Last edited by christmasoompa; Mar 8th 2008 at 3:13 pm.
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Old Mar 8th 2008, 3:11 pm
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Default Re: Common-Law Partner - Not cohabitating though!

See, told you some wise person would know the answer!

Possibly not the answer you were hoping for as it would mean you're at least 6 years away from getting to Canada if you have to live together for a year before applying, but as Maple Leaf said, if you want to get there quicker then let us know a bit more about you and there might be some other suggestions.
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Old Mar 8th 2008, 3:13 pm
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Default Re: Common-Law Partner - Not cohabitating though!

hahha..i wrote that out..then read yours..and thought mine was mute..so deleted it..will put it back in now...
hello and welcome! to the forum.

unfortunately there are requirements for applying as common law partners..which have to be met at the time you are applying.not when you would be recieving your visa

from the CIC Canadian Immigration and citizen site..>

http://www.cic.gc.ca/english/immigra...asp#common_law

Common-law partner
You are a common-law partner—either of the opposite sex or same sex—if:

you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)
You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

joint bank accounts or credit cards
joint ownership of a home
joint residential leases
joint rental receipts
joint utilities (electricity, gas, telephone)
joint management of household expenses
proof of joint purchases, especially for household items or
mail addressed to either person or both people at the same address.

HOWEVER..do not be disheartened.....if you post more information here..such as your ages...etc...there may be other ways for you both to be able to come here...people will respond esp with more information.

Many here have come to Canada in many different ways...there is the BUNAC system...which i am sorry i do not know much about...there is reports on here at present it is for people between the ages of 18 -30 years old. you could perhaps look that up and see if you qualify..


all the best..and dont' give up!!!.....keep the dream alive..
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Old Mar 8th 2008, 3:15 pm
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Default Re: Common-Law Partner - Not cohabitating though!

the reason i deleted it..was because..the information i gave above...was about applying as a SPOUSE visa etc...and not as the spouse of an applicant for a work permit..

however...i presume.that there is still SPOUSE requirements that need to be met in that visa route aswell....

sorry for the confusion
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Old Mar 8th 2008, 3:16 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Originally Posted by christmasoompa
See, told you some wise person would know the answer!

Possibly not the answer you were hoping for as it would mean you're at least 6 years away from getting to Canada if you have to live together for a year before applying, but as Maple Leaf said, if you want to get there quicker then let us know a bit more about you and there might be some other suggestions.
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Old Mar 8th 2008, 3:17 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Originally Posted by Maple Leaf
hahha..i wrote that out..then read yours..and thought mine was mute..
Definitely not! My vague ramblings were probably no use at all but you gave a definitive answer so that must have been very helpful. Glad you reinstated your response!
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Old Mar 8th 2008, 3:26 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Thank you for your replies and the links provided

Six years is a long time to wait definitely, I wouldn't want to be wishing my life away or having it on hold for six years!

My boyfriend and I are in our mid-thirties. He is a chippy and has first cousins in NS - I will look into the Skilled Worker Stream & the Community Identified Stream programme that I has been mentioned on other threads... I am self-employed working as a contractor within the construction industry.

I have a 2nd cousin in another part of Canada...

I wouldn't mind waiting a year or two or two and a half years, but anything more would be a bit of a headache!

oh and before I go, what's the deal with getting work arranged in Canada, how does that work? I can't imagine an employer waiting six years for your visa to come through?!!!

thanks for the advice so far...
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Old Mar 8th 2008, 3:33 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Originally Posted by Shoe
Thank you for your replies and the links provided

Six years is a long time to wait definitely, I wouldn't want to be wishing my life away or having it on hold for six years!

My boyfriend and I are in our mid-thirties. He is a chippy and has first cousins in NS - I will look into the Skilled Worker Stream & the Community Identified Stream programme that I has been mentioned on other threads... I am self-employed working as a contractor within the construction industry.

I have a 2nd cousin in another part of Canada...

I wouldn't mind waiting a year or two or two and a half years, but anything more would be a bit of a headache!

oh and before I go, what's the deal with getting work arranged in Canada, how does that work? I can't imagine an employer waiting six years for your visa to come through?!!!

thanks for the advice so far...
If you're not prepared to wait more than a couple of years then forget the points/skilled worker route as that is taking around 5 years at the mo. If your bf is a chippy and you are a contractor then that may well be your best route in as I believe they are very in demand over there so you could well find a job. Have a read of the Wiki esp the articles about job hunting in Canada.

As far as getting work arranged in Canada, there is no long wait if you have a job offer already. You or he would need a job offer and then probably something called a LMO (check it out in the Wiki - most occupations need one unless your job is particularly in demand ove there which it may well be), then you would apply for a Temporary Work Permit. The good news is that TWP's are fairly quick and simple to obtain and the even better news is that once you are in Canada you can apply for permanent residency which is fasttracked because you are already living and working there.

Your cousins won't be any use to you as they can't sponsor you I'm afraid so if I were you I would research finding a job and then getting a TWP, or alternatively look at the NS Community Scheme.

Best of luck!
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Old Mar 8th 2008, 3:44 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Originally Posted by Shoe
I wouldn't mind waiting a year or two or two and a half years, but anything more would be a bit of a headache!

oh and before I go, what's the deal with getting work arranged in Canada, how does that work? I can't imagine an employer waiting six years for your visa to come through?!!!

thanks for the advice so far...
If you manage to get employment arranged on a promise it will be of a permanent and indeterminate length (meaning contract work etc doesn't count) you can get your skilled worker app fast tracked - there are threads with people's timelines who've done this but iirc processing goes down to less than a year through London. So your employer wouldn't have to wait that long.

As for getting work arranged, it's hard! Some people use a working holiday BUNAC visa to fulfil the requirements above to get their skilled application fast-tracked. Others get jobs separate to the skilled worker stream and get positive Labour Market Opinions which show a Canadian could not be found to fill that post. This allows them to get Temporary Working Visas which will let you live out there and gives the spouse an open work permit to do pretty much whatever. It may also let you fasttrack your skilled worker PR app if it fulfils the Canuck's criteria.

Another route is the occupations under pressure list, if your hubby fits the bill for NS the LMO is much much easier to get hold of. See the info here - http://www.hrsdc.gc.ca/en/workplaces...nderpres.shtml
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Old Mar 8th 2008, 4:01 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Thanks for your replies... looks like I have a lot of reading / researching to do... gotta check out the other routes you mentioned.

I wonder could we go there on a holiday visa and try and get an offer of employment there... and apply for the work permit then.

Will do my research and weigh the options up and get back to you with more questions...

thanks again..
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Old Mar 8th 2008, 4:08 pm
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Default Re: Common-Law Partner - Not cohabitating though!

Originally Posted by Shoe
Thanks for your replies... looks like I have a lot of reading / researching to do... gotta check out the other routes you mentioned.

I wonder could we go there on a holiday visa and try and get an offer of employment there... and apply for the work permit then.

Will do my research and weigh the options up and get back to you with more questions...

thanks again..

The majority of Canadian employers will only hire you once they've seen you face to face anyway, it's pretty impossible to get a job offer from the UK. The thing most people seem to do is go on a recce and check out the area they want to live in, and before they go set up as many interviews/chats as possible with potential employers - if you check out the Wiki and the section on job hunting that will tell you all about it and about the important of networking in Canada.

Go and grab a cuppa (or even a glass of wine or two - it is Sat night after all!) and get reading the Wiki as that'll tell you all you ever needed to know (and a whole lot more besides!). Best of luck.
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