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None common-law partners trying to gain Residence Status

None common-law partners trying to gain Residence Status

Old Sep 5th 2005, 3:51 pm
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Default None common-law partners trying to gain Residence Status

Hello everyone!

My name is Rich and I’m hoping to begin the application process to become a Permanent Resident of Canada through an immigrant or work Visa.

In the last six months I’ve bought some literature and done quite a bit of online research – mostly to ascertain if I am making the right choice – and I’m now sure that I am.

I’m hoping to live and work in Canada with my long-term girlfriend. We are not planning on being married between now and the time we will begin the application. We are both British, in our twenties and currently living with our parents.

Herein lies our problem. It seems that we cannot jointly apply for Canadian Residence as we have no proof of common-law partner status. In an ideal world, we’d like to be making the move 12 months from now, but I’ve heard of the process taking as long as 2 years without securing employment.

Does anyone here know of anyone who has emigrated under similar circumstances? If we apply individually I fall 2 points short of the needed quota – even if I learn basic French.

Any suggestions would be greatly received.

Thank you for reading this post.

Richard Smith
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Old Sep 5th 2005, 3:59 pm
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Default Re: None common-law partners trying to gain Residence Status

Hi

Originally Posted by richardsmith2005
Hello everyone!

My name is Rich and I’m hoping to begin the application process to become a Permanent Resident of Canada through an immigrant or work Visa.

In the last six months I’ve bought some literature and done quite a bit of online research – mostly to ascertain if I am making the right choice – and I’m now sure that I am.

I’m hoping to live and work in Canada with my long-term girlfriend. We are not planning on being married between now and the time we will begin the application. We are both British, in our twenties and currently living with our parents.



Herein lies our problem. It seems that we cannot jointly apply for Canadian Residence as we have no proof of common-law partner status. In an ideal world, we’d like to be making the move 12 months from now, but I’ve heard of the process taking as long as 2 years without securing employment.

Does anyone here know of anyone who has emigrated under similar circumstances? If we apply individually I fall 2 points short of the needed quota – even if I learn basic French.

Any suggestions would be greatly received.

Thank you for reading this post.

Richard Smith
If you fall 2 points short of 67, it is basically a waste of money to apply now. Also processing times have risen dramatically. You are looking 21 to 41 months at least. See: http://www.cic.gc.ca/english/departm...illed-fed.html Why don't the two of you look into a BUNAC visa, that is if you are UK citizens, it will allow you to work and live to gether in Canada for a year?

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Old Sep 5th 2005, 6:35 pm
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Default Re: None common-law partners trying to gain Residence Status

Thanks for that PMM. It’s depressing to hear that applications are taking as long as 41 months. This move has to happen in the next two years or it isn’t worth doing for us.

We are both UK citizens and have been since birth.

I’ve been on the BUNAC website, it sounds like an option but do you believe this a viable way to get my end goal of Canadian Permanent Residency? It states that it is a Canadian government requirement that I hold a working visa if I wish to take paid (or unpaid) employment, and if I enter Canada as a tourist I will not be able to work.

Last edited by richardsmith2005; Sep 5th 2005 at 6:39 pm.
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Old Sep 5th 2005, 6:41 pm
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Default Re: None common-law partners trying to gain Residence Status

BUNAC is a non extendable 1 year work permit, nothing more. What PMM suggested was to use BUNAC 1 year permit to come together here, work and meet definition of common-law - this would allow you to apply as common-law, it will not change anything else. You will still have to apply and wait 2 to 4+ years for the process back in UK or if another work permit obtained then in Canada


Originally Posted by richardsmith2005
Thanks for that PMM. It’s depressing to hear that applications are taking as long as 41 months. This move has to happen in the next two years or it isn’t worth doing for us.

We are both UK citizens (have been since birth.) I thought BUNAC were programmes for students and as an alternative to package tourism? Is this a viable way to get my end goal of Canadian Permanent Residency?
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Old Sep 5th 2005, 6:49 pm
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Default Re: None common-law partners trying to gain Residence Status

Hi Andrew. Thanks for that. In that case, it isn’t really a viable option for us, for what will ultimately be a long holiday, adding another year to any application process if all it will serve is to gain common-law status which we can do in the UK.

Food for thought though, and I appreciate the suggestion.

I’ve heard about people securing employment and this dramatically speeding up the process, is this the case in your experience?

Thanks.
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Old Sep 5th 2005, 7:24 pm
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Default Re: None common-law partners trying to gain Residence Status

Yes, CHC London is processing PR applications with HRSDC approved job offers with higher priority than those without.

If you have qualifications then why not find a job offer in Canada that may be approved for regular work permit (not BUNAC) and come here for few years while PR application is processed?



Originally Posted by richardsmith2005
Hi Andrew. Thanks for that. In that case, it isn’t really a viable option for us, for what will ultimately be a long holiday, adding another year to any application process if all it will serve is to gain common-law status which we can do in the UK.

Food for thought though, and I appreciate the suggestion.

I’ve heard about people securing employment and this dramatically speeding up the process, is this the case in your experience?

Thanks.
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Old Sep 5th 2005, 7:56 pm
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Default Re: None common-law partners trying to gain Residence Status

Since common-law partnerships don't exist in the UK anyway, what exactly would suffice as proof of this? Is it enough to have "lived in sin" for a number of years, or what?
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Old Sep 5th 2005, 9:18 pm
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Default Re: None common-law partners trying to gain Residence Status

Common-law are partners who live together in conjugal relationship (just like married couple) and have already done so for at least past 12 months.

They must prove not only fact of living under same roof, long term commitment to each other and exclusivity but also all elements of interdependency that are normally present in any conjugal (married or not) relationship - emotional, physical, financial, and social interdependency must exist in claimed period of relationship and be well documented.

To get better idea what needs to be documented and how please read section 5.26 of OP2 chapter of Immigration Manual here:

http://www.cic.gc.ca/manuals-guides/...h/op/op02e.pdf

Note that all of that must be documented not only for present time but also for at least past 12 months period.



Originally Posted by Hipster Contrarian
Since common-law partnerships don't exist in the UK anyway, what exactly would suffice as proof of this? Is it enough to have "lived in sin" for a number of years, or what?
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Old Sep 5th 2005, 9:18 pm
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Default Re: None common-law partners trying to gain Residence Status

Originally Posted by Hipster Contrarian
Since common-law partnerships don't exist in the UK anyway, what exactly would suffice as proof of this? Is it enough to have "lived in sin" for a number of years, or what?
From what I have learnt from reading the forums, a common law relationship is "living in sin" i.e living together without being married and having proof. So if you can back it up with joint household bills, mortgage/rent statements, holiday photos etc. you should be fine.
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Old Sep 5th 2005, 10:21 pm
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Default Re: None common-law partners trying to gain Residence Status

Originally Posted by Hipster Contrarian
Since common-law partnerships don't exist in the UK anyway, what exactly would suffice as proof of this? Is it enough to have "lived in sin" for a number of years, or what?
Getting slightly off topic, but according to this, common-law does exist in the UK; it's just that it involves living together for 2 years beforehand and not the 1 required by the CIC.
 
Old Sep 6th 2005, 6:10 am
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Default Re: None common-law partners trying to gain Residence Status

Thanks guys.

So if CHC London is processing applications with approved job offers faster than those without, this is probably my best route, to secure employment.

Do you know how much faster these are going through? I work in IT support which I believe is in demand (although not sure if it’s on an official list anywhere.)
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Old Sep 6th 2005, 7:11 am
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Default Re: None common-law partners trying to gain Residence Status

Thanks for those replies. I was under the impression that the original poster would be applying under the Skilled Worker category, not Family Class, so he should be ok, shouldn't he?

richardsmith2005, from what I've read on these boards, it seems that IT can be quite over-subscribed in certain areas, and it's not a quick route to getting a job as so many other immigrants are in IT as well, particularly in places like Vancouver. I think that Canada does have a shortage in the programming side of things, so if you're in that area you might be ok? I don't know if just, say, having an MCSE, would really set you apart though- my boyfriend has the exact same problem at the moment!
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