common-law sponsorship help!

Old Sep 25th 2011, 10:27 am
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Default common-law sponsorship help!

Hello everyone,

so great to find a whole website dedicated to helping each other.

i am currently on a working holiday visa in Canada. Abbotsford BC to be exact.

Anyway i moved here to be with my fiance (she is a canadian citizen), we are getting married in june 2012. my visa expires in december 2011 and we are looking into the option of common-law sponsorship.

my question is will i have to leave canada in december till i get approved for permanent residence through common-law sponsorship?

i have been contacting a few immigration lawyers but they have really high fees, can anyone recommend someone in the fraser valley?

thanks,

Craig.
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Old Sep 25th 2011, 1:13 pm
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Default Re: common-law sponsorship help!

To qualify as common law partners you must have been living together for at least one full year. If you have done so then there should be no problem with your plan for sponsorship for PR.
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Old Sep 25th 2011, 2:05 pm
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Default Re: common-law sponsorship help!

we will be officially living together 1 full year with no breaks on the day that my visa expires.

when can i apply? on that day or before? and will i get a work visa extension?
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Old Sep 25th 2011, 2:11 pm
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Default Re: common-law sponsorship help!

Originally Posted by sammyabby
we will be officially living together 1 full year with no breaks on the day that my visa expires.

when can i apply? on that day or before? and will i get a work visa extension?
Living together is only part of it, you need documentary proof:

'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
.'
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Old Sep 25th 2011, 9:25 pm
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Default Re: common-law sponsorship help!

Originally Posted by sammyabby
we will be officially living together 1 full year with no breaks on the day that my visa expires.

when can i apply? on that day or before? and will i get a work visa extension?
You can't get a work visa extension (the WHV cannot be extended), although you could ask your employer to apply for a LMO so you can get a normal TWP.

You need to wait until you've got the full year of living together (and proof of it, as above), before you apply.

The other option if a LMO isn't possible, is to just switch to a visitor visa until you get PR, although obviously you wouldn't be able to work on it.

HTH.
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Old Sep 25th 2011, 11:59 pm
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Default Re: common-law sponsorship help!

Hey great to see someone else in my same position i'm just a year later.

Going over on a working holiday visa to live with my fiance in Canada and i am planning on applying for a second working holiday visa as you are allowed two and then during the second year on my working hol visa we will apply for common- law sponsorship as we would have proof liviing together etc.

Let me know how it all goes!!!!

Good luck
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Old Sep 26th 2011, 3:59 am
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Default Re: common-law sponsorship help!

hi folks,

thanks for the info so far,

we have all the appropriate things that we need i.e. joint bank accounts, credit cards, rental agreement.

i feel i need to goto an immigration lawyer, i guess they would know all the ins and outs, what would my employer have to do for LMO? i'm not a skilled worker like a trade for instance. would i still be eligible?

and if i switch over to the visitors visa then how long am i going to be out of work for? will i get automatic PR when i get married in june.

thanks,
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Old Sep 26th 2011, 4:29 am
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Default Re: common-law sponsorship help!

Originally Posted by sammyabby
hi folks,

thanks for the info so far,

we have all the appropriate things that we need i.e. joint bank accounts, credit cards, rental agreement.

i feel i need to goto an immigration lawyer, i guess they would know all the ins and outs, what would my employer have to do for LMO? i'm not a skilled worker like a trade for instance. would i still be eligible?

and if i switch over to the visitors visa then how long am i going to be out of work for? will i get automatic PR when i get married in june.

thanks,
They can apply for an LMO, but have to advertise the job and try and find a PR or Canadian first, they cannot just offer it to you (or they can but would be refused the LMO). Depends what you do as to whether it would be successful, many are not.

You do not get automatic PR when you get married, your spouse has to sponsor you.

Save your money and do it yourself, there are no ins and outs if you read the guide CIC provide. It is very easy.
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Old Sep 26th 2011, 5:32 am
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Default Re: common-law sponsorship help!

Originally Posted by sammyabby
we have all the appropriate things that we need i.e. joint bank accounts, credit cards, rental agreement.

i feel i need to goto an immigration lawyer, i guess they would know all the ins and outs, what would my employer have to do for LMO? i'm not a skilled worker like a trade for instance. would i still be eligible?

and if i switch over to the visitors visa then how long am i going to be out of work for? will i get automatic PR when i get married in june.

thanks,
Your call of course, but unless you have complicated circumstances I can't see how a lawyer can help you. You just need to figure out a plan and then sort out all the paperwork.

You can get a LMO for any position, but you'll need to ask your employer to apply asap if you want to go down that route as it can take a couple of months.

And no, as Aviator said, you don't get automatic PR, you'd need to be sponsored - figure about 6 months to get PR (as long as you do an outland application, if it's inland it'll take a year or more). So if you apply in December after your year of living together, you should be a PR by June - recent cases on the forum have even taken as little as 2 months, but I don't want to get your hopes up too much! There is good info in the Wiki about spousal sponsorship, follow the link in my signature.
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Old Sep 26th 2011, 9:59 am
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Default Re: common-law sponsorship help!

thanks,

yeah i know i could save myself some money without a lawyer, i just want to make sure that i dont miss any oppourtunity or any loop holes.

i heard somewhere that immigration laws are different in manitboa with regards to foreign workers?

where can i find info on what my employer would have to do for LMO?
does anyone have experience of this?

thanks,
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Old Sep 26th 2011, 10:17 am
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Default Re: common-law sponsorship help!

this is the email i got from an immigration lawyer:

You have number of options.
As you are on working holiday visa, you cannot extend it as a 'working holiday'. However, your employer can help you in this. If your employer is willing to offer you a job beyond your current status expiry, then we can ask for work permit on basis of labour market opinion which is to be issued by Service Canada.
Secondly, If you are living with your fiance for atleast 12 months, then she can sponsor you as permanent resident of Canada( Common law partner class).Or, if by December, it wil be 12 months, we can submit sponsorship and you will get work permit while officer process your permanent residency.
Thirdly, you can change your status from work visa to visitor after December 7, 2011 and stay in Canada untill you get married. Once you get married, your wife can sponsor you as permanent resident of Canada.
I hope this will help.
If you want to book an appointment, please call at phone number stated below.
Regards,


according to this email, from what i understand they will issue me a work permit while my sponsorship is being proccessed?
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Old Sep 26th 2011, 10:33 am
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Default Re: common-law sponsorship help!

No they will not issue you a TWP while you await approval of your sponsored PR application. If you have not reached the required 12 months before your present status expires you should apply for an extension but as a temporary resident giving the reason that you and your common-law spouse are preparing a sponsorship application that would be submitted within the requested now period of temporary status. That should work as it has for others.
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Old Sep 26th 2011, 10:43 am
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Default Re: common-law sponsorship help!

will the extension allow me to work? my visa currently says no extensions allowed.
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Old Sep 26th 2011, 10:56 am
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Default Re: common-law sponsorship help!

No it would not allow you to work. It would just allow you to stay in Canada while you get your PR application in order.
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Old Sep 26th 2011, 10:58 am
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Default Re: common-law sponsorship help!

ah i see, that would not work short term. i really need to work. hmm..
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