Jim Humphries

Your only hope would be that your employer be willing to apply for an LMO and that it be approved. That is not easy for many occupations.

sammyabby

did you see my post about the email i received from the immigration lawyer?

he said i can get an extension to work once i apply for sponsorship?

victorfoxtrot

That response sounds odd to me. I think what he might be suggesting you do is the inland, rather than outland, common-law spousal sponsorship. This does indeed issue the applicant with a TWP whilst they process your PR. However (and it's a big however!), what he has neglected to tell you is that the average processing time for the first stage of an inland application (i.e. the bit where they issue you the TWP) is taking up to 10-11 months! Whereas an outland application via London, UK is taking an average of 8 months total - reality is though that a great deal of applications are taking anything from 2-6 months. So if you went down the inland route, you would be out of work for much, much longer.

I think the only options you have are:

1) Get married NOW, then you can submit your spousal application as husband & wife, which doesn't require you to have lived together for 1 year.
2) Get your current employer to apply for an LMO, which you might not be issued.
3) Do nothing, apply as normal in December via the outland route, and face the fact that you will likely be out of work for 6 months.

I thought of a 4th, but it might not work....are you in Year 1 of the WHV? I know these cannot be extended, but I thought you were now able to apply for a 2nd year. I don't think they can extend them, you have to apply again when they re-open the applications, so that might be an option. I think though you are going to have to face up to the fact you will be out of work for a short while.

Aviator

Go with the lawyer then. You'll find out in the fullness of time.

grusich.309

Hello all. I am in need of assistance with the Common Law Visa help!!

I am a Canadian Citizen but also hold a british passport. I have been living and working in the UK for two years now and have lived with my boyfriend who is British for one year now. We plan to send our application this October.

I have a few concerns because I plan on going back to Canada at the end of December so I can get a job over there so when my boyfriend's visa is accepted we have some money coming in. I dont know whether we can apply for this visa because I am not sure whether or not I am supposed to have a work offer from Canada. If I do not have a work offer can I still return to Canada while the visa is processing or no?

any advice would be greatly appreciated

christmasoompa

Hi, and welcome to the forum.

As a Canadian citizen sponsoring her common-law spouse, there is no financial or employment requirement at all. So you don't need a job offer in Canada, or even a job in the UK, or a certain amount of money to be able to sponsor him.

You'll need to show you intend to move back there, but if you've been job hunting you can show evidence of applications, or maybe emails exchanged with a realtor, or letters from family/friends over there to confirm they expect you to move back.

As long as you've got that, and can prove you've been living as husband and wife for at least a year via the usual things like joint bank account, joint insurances, wills naming each other as beneficiaries, utility bills in both names, joint rental agreement or mortgage, etc, you should be fine.

Also, just to add that you could job hunt from the UK to start with at least if you don't want to move over on your own? It's usually easier to find a job if you are in Canada, but plenty of people have managed it from the UK - have a read of the Job Hunting section of the Wiki for hints/tips.

Good luck.

grusich.309

Thanks so much for clearing that up.

I am just looking over the application form and i'm not sure what to fill out for this part:

Provide proof of your intention to re-establish in Canada. Attach photocopies of one or more of the documents as possible.

Job offer in Canada, Employment contract in Canada, Letter of acceptance by an educational institution in Canada, Property rental agreement, properly deed, Mortgage on property, Other???

I really don't know what to put for this question because obviously none of these apply to me.

It seems like if I dont apply for one of these slots then I can't really sponsor. Is this true?

thanks again

christmasoompa

As I said above, you can use things that show your intention to move back (list of possibles in my first reply to you). So just use things like that and it'll be fine.

If you have any other questions then it would be better if you could start your own thread rather than hijacking somebody elses, thanks. Have a read of the link in my signature to understand how the forum works and the 'netiquette'.