Commonlaw questions

Old Aug 23rd 2010, 6:10 pm
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Default Commonlaw questions

Hi there,

My gf and I have been together for 2+ years and we were living in the UK while going to university so werent at the same address she has come to canada on a BUNAC student visa and we will be living in an apartment together. My question is, is the best route to apply for the non-student BUNAC visa for the year that this student visa expires to allow extra time for commonlaw application to process? Also she is going home for a week or two at christmas time, is this okay for our application? We have our names on rental agreement i got her a visa card under my account, we have photos etc already stockpiling. :P


Thanks in advance
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Old Aug 23rd 2010, 6:25 pm
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Default Re: Commonlaw questions

I believe changes to the visa rules means that you now have to be in Britain whilst applying for the Work Canada scheme. Plus I gather you two are living together during her student visa in Canada (which would come to a year I assume?) - and under Work Canada visa requirements, I don't think you are allowed a Canadian 'common law spouse' (which I would assume you would be, as you'd be able to apply for common law PR). Worst case, you'd be able to live together for a year, send off the PR application to London, whilst your OH gets a visitors visa, so you can stay together in Canada at the same time.

The Christmas time thing should be ok though, as there will still be a valid visa held. Good work on the stockpiling though! Never too early to get organized!

Just clearing something up...you didn't live together at all during university did you?
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Old Aug 23rd 2010, 6:45 pm
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Default Re: Commonlaw questions

Well I think the rules state that you cannot be in a commonlaw relationship "When" you apply for BUNAC visa, so unless you are together for a full 12 months or so you shouldnt be considered commonlaw so basically we lived together at uni for periods of 2 months and 1 month etc but never for any straight 12 month period.

So we have this 12 months living together to stockpile info

We can activate the non-student bunac visa before we reach the 12 month point so we will still be classified as "Non-commonlaw"? that might work.


Im not sure what the average wait time is for a couple who has all of there stuff together when applying.

Also there is a chance that she will get a work permit through a job this year hopefully too.

Any other hints haha, i guess its always possible to live here as a visitor but obviously that sucks if she is in a job already and has to quit or wants to work haha!
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Old Aug 23rd 2010, 7:09 pm
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Default Re: Commonlaw questions

it's fine to be apart for short periods of time for business/visiting family etc whilst establishing your 12 months of living together

I believe that you can get a new bunac visa without having to be in the UK so your plan should work
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Old Aug 23rd 2010, 7:45 pm
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Default Re: Commonlaw questions

I'm afriad the BUNAC regulations have changed regarding re-applying for a Work Canada Visa. I just managed to get my 2nd one year visa in before this rule change, but from their website its pretty clear:

If you have a current work permit for Canada then you cannot submit a visa application through BUNAC's Work Canada programme until your current permit has ended.
And I was thinking along the lines of the 'not being common-law' when we originally applied, but never got around to actually using it.

Basically your best option would be:

Move to Canada late November 2010 - one year working visa runs out November 2011 - get the OH to change over to a 6 month visitor's visa and reapply for another BUNAC visa in December 2011, at the same time as sending off your PR application. The BUNAC visa should be all done in about 5-8 weeks, whiich will let your OH work until the PR application goes through. Would mean about 2 to 2 and a half months out of work, but looks like the best option to me?
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Old Aug 23rd 2010, 9:14 pm
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Default Re: Commonlaw questions

Well we got lucky then because we must have just slipped through as well, my girlfriend currently is on her original bunac visa which will expire in october, she just moved back here this month and will be on the old visa until october when we will re enter and start using her other bunac student visa.

So we will have officially lived together for 12 months next august and that visa will run out on September 30th, giving an extra months and a half or so after we have been together for 12 months.

So we can either apply for a non student bunac at that point while waiting for commonlaw approval or????

dont know what the best course of action is
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Old Aug 23rd 2010, 9:23 pm
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Default Re: Commonlaw questions

Originally Posted by Lewmano
Well we got lucky then because we must have just slipped through as well, my girlfriend currently is on her original bunac visa which will expire in october, she just moved back here this month and will be on the old visa until october when we will re enter and start using her other bunac student visa.

So we will have officially lived together for 12 months next august and that visa will run out on September 30th, giving an extra months and a half or so after we have been together for 12 months.

So we can either apply for a non student bunac at that point while waiting for commonlaw approval or????

dont know what the best course of action is

Ah...ok, I get you now. Didn't realise she already had an active visa, and had a second one in hand, ready to activate. So on that basis, there will be about 1-2 months after sending off the PR application, before you can apply for BUNAC again, then the 2 month or so application time for the BUNAC visa will mean its going to be issued about 4 months after a PR application would have been submitted. From what I've heard, PR applications can normally, with a good organized application take anywhere from 2-8 months (with a good amount being finished within the 3 month range). On that basis, surely you'd be better off saving the money you'd be spending on a BUNAC Visa you may not even need at all?
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Old Aug 23rd 2010, 10:07 pm
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Default Re: Commonlaw questions

I guess thats true, do you know if they issue temporary work visas while you are in the latter stages of a commonlaw application?

She may even get lucky and have an employer who wants to keep her and manages to secure a work permit to further extend the time. And i havent read much into PNP's or anything but there also could be another avenue there.
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Old Aug 26th 2010, 6:49 am
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Default Re: Commonlaw questions

bump
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Old Aug 26th 2010, 2:27 pm
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Default Re: Commonlaw questions

Originally Posted by Lewmano
bump
It depends on which way you decide to go about applying for PR. If you take the longer route through the inland process they issue temporary work visas after the 6 month mark. Applying for outland is much quicker and so they don't but mine recently took a mere 3 months from start to finish so I would recommend getting your stuff together prior to the expiry of the BUNAC permit and sending it off as soon as it expires. She should apply for an extension of stay as a visitor for 6 months before her visa expires. She shouldn't be out of work for too long. I wouldn't waste the money on the new BUNAC visa in all honesty, save it for the period she is out of work!

Last edited by Lethe; Aug 26th 2010 at 2:27 pm. Reason: p.s please don't bump threads, we would have gotten to you eventually.
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Old Aug 27th 2010, 2:48 am
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Default Re: Commonlaw questions

Hmmm.. this appears to be our only option then i guess. Hopefully she finds a good emloyer this year who is willing to offer her an LMO so we dont have to worry soo much about the period where she could be out of work.

For the commonlaw aplication, when is the exact date that you become commonlaw? We have been together for about 2 years but we have always lived together sporatically, together at university and she lived in canada with me for 5 months last year. She is back living with me now since august and we have an apartment together and have shared bills, i got her a credit card under my account with her name on it and bills have both names etc. I went to england in July for 2 weeks to visit her before she came in august, so could we perhaps make the arguement that we were together in july and that the break during july and the beginning of august was just in build up to her living here.(She had to pack all of her stuff and visit with some family before moving etc).

Thanks in advance again, you guys are so helpful, this visa stuff causes me soo much stress.
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Old Aug 27th 2010, 5:11 am
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Default Re: Commonlaw questions

Originally Posted by Lewmano
Hmmm.. this appears to be our only option then i guess. Hopefully she finds a good emloyer this year who is willing to offer her an LMO so we dont have to worry soo much about the period where she could be out of work.
An employer does not offer an LMO, they apply to HRSDC for one after jumping through the hoops required to do so. Only if a response is positive and LMO issued by HRSDC (harder to get these days) then you can get a WP. Employer has to try and hire Canadian or PR first and only if that is unsuccessful could they try for an LMO.
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Old Aug 27th 2010, 5:12 am
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Default Re: Commonlaw questions

Originally Posted by Lewmano
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Old Aug 27th 2010, 5:20 am
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Default Re: Commonlaw questions

Originally Posted by The Aviator
Employer has to appear to try and hire Canadian or PR first and only if that is unsuccessful could they try for an LMO.
Fixed that for you
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Old Aug 27th 2010, 4:39 pm
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Default Re: Commonlaw questions

Okay yea that makes sense, as long as they have made a good case and appear to have searched for a suitable candidate it should be okay? She is looking for a job in event planning, marketing assistant/coordinator category.

Now since she is going to activate a 1 year bunac visa starting in october when would it be smart to get an employer to apply for an LMO??
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