IMM 5707 - common law

Old May 23rd 2021, 9:46 pm
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Default IMM 5707 - common law

Hi there, just applying for a study permit as it really looks like there will be no chance of PR for outlanders for a while, so going to have to bite the bullet and pay the fees for a year of foreign study at least.

Getting through most of it - but got a little stumped on IMM5707, get down to the details for common law partner, and the question "will accompany me to Canada Y/N"

She is already in Canada on an IEC visa, left 4/5 weeks ago (before I'd been accepted into university) - so she wont accompany me, but likewise would like her to be eligible for an open work permit when her IEC runs out if we haven't secured PR by then and I am still in university.

Should I answer yes or no?

Does the fact she is over there on an IEC mean technically we are no longer common law, we currently don't reside under the same roof (hopefully only for a couple of months), but own a house together etc? - hopefully not as unsure quite how we manage that one.
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Old May 23rd 2021, 10:23 pm
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Default Re: IMM 5707 - common law

Originally Posted by Stumpylegs View Post
Hi there, just applying for a study permit as it really looks like there will be no chance of PR for outlanders for a while, so going to have to bite the bullet and pay the fees for a year of foreign study at least.

Getting through most of it - but got a little stumped on IMM5707, get down to the details for common law partner, and the question "will accompany me to Canada Y/N"

She is already in Canada on an IEC visa, left 4/5 weeks ago (before I'd been accepted into university) - so she wont accompany me, but likewise would like her to be eligible for an open work permit when her IEC runs out if we haven't secured PR by then and I am still in university.

Should I answer yes or no?

Does the fact she is over there on an IEC mean technically we are no longer common law, we currently don't reside under the same roof (hopefully only for a couple of months), but own a house together etc? - hopefully not as unsure quite how we manage that one.
It could do.. depending on how long you have been together and whether this is a temporary break of a few weeks (not months)..

https://www.canada.ca/en/immigration...ng-common.html

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.
If your partner has a skilled job, you should be able to obtain consent to join them (and obtain a work permit of your own)... quicker, cheaper and easier than waiting months (and endangering your CL status) for a study permit.
https://travel.gc.ca/travel-covid/tr...nite-temporary.

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Old May 23rd 2021, 10:42 pm
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Default Re: IMM 5707 - common law

Originally Posted by Siouxie View Post
It could do.. depending on how long you have been together and whether this is a temporary break of a few weeks (not months)..

https://www.canada.ca/en/immigration...ng-common.html
Thanks

Been together 9 years, been living together 7.5 years, although officially bought a house together in late 2016 - She has left for work with the plan for me to join her over there shortly afterwards, she wouldn't have gone but there was no guarantee of any more IEC extensions, we didn't know about my study permit etc and she was running out of work in the UK - so was like you may as well go and work over there and build up some work experience etc. as try and find a job over here - risk getting a 90 day notice period etc.

Originally Posted by Siouxie View Post

If your partner has a skilled job, you should be able to obtain consent to join them (and obtain a work permit of your own). quicker, cheaper and easier than waiting months (and endangering your CL status) for a study permit.
https://travel.gc.ca/travel-covid/tr...nite-temporary.
So its not skilled (she's been told she may get a skilled job at the place at the end of summer), but according to that link I'm still eligible to go and reunite with her I just wouldn't be able to work - which I've already applied for

At the time she secured the job - you had to wait for them to land before you could apply for authority to travel (you can now fly with them at the same time, but by the time that changed I wasn't in a position to leave work or pack up the house that quick) I put in for authority to fly the day she landed, was returned the first time as incomplete (not sure what was missing, went through their checklist and resubmitted with a lot of photo evidence).

So I am waiting for that to be granted - but trouble is I've now ran out of time before applying for my study permit (was showing as a 10 week processing time in Canada and 6 week in UK, this has now jumped up but website also states they cannot guarantee study permits submitted now will be validated by the fall term). If my authority to fly is granted, I'd hope to be reuniting in 3/4 weeks.
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