andybwfc

Hi I'm new to the forum so i'll try to explain about myself 1st

I'm moving to Edmonton on the 11th Jan on an LMO permit alone but am hoping my common-law partner and 3 kids will be joining me in about 6 months after I've hopefully found us somewhere to live and somewhere for the kids to go to school.
My question is even though i'll be employed my partner would like to work part-time around school hours just as means as keeping herself busy and for the social aspect, but would she be allowed on my visa or would she only qualify under the jobs under pressure program?

Hope I've explained myself properly and any help would be appreciated thanks.

christmasoompa

Hi, and welcome to BE.

It will depend on her job, what will you be doing? Ifs it's a skilled job, the she can get an open work permit for the same duration, but if not then she'll need to wait until she's got PR, or get a TWP in her own right.

HTH.

andybwfc

hi thanks for the reply, i'm in a skilled job working as a plater/welder for a structural steel firm but my partner would just like a part-time in a small shop or something like i said just to keep busy while the kids are at school, so was hoping she'll get an open permit as i assume my permit will be tied to the company i work for

thanks

christmasoompa

Sounds like she should qualify for a SOWP then (and yes, yours will be tied to the company).

One thing to be aware of though is that the 6 month gap of living together could be a problem - personally I wouldn't leave it that long. To stay as common-law partners in CIC's eyes, you have to have cohabited for a year continuously' without any long breaks' and any breaks in living together are only supposed to be 'temporary and short' (i.e. a business trip or short holiday).

Is there are reason she can't join you sooner? I understand you wanting to get a house sorted etc, but that shouldn't take more than a month max, and just concerned that CIC might see 6 months apart as you no longer cohabiting and being common-law.

It may be fine, but it's something to consider anyway.

Best of luck.

andybwfc

Main reason is because we wanted the kids to finish the year in school as our daughter is 16 and wants to go to her prom, finish exams etc. also want to get house rented out as the property market is to slow at the mo to sell and my partner wants to be there to oversee.
Terms of my employment also stated I had to be out here asap so couldn't put off!!

thanks

andybwfc

hi, we are hoping to make the move all together sooner if possible but 6 months is prob going to be the easiest time.

bit worried now but we will keep all docs that say we have lived together eg council tax, utilities, etc.

Am I best starting the process straight away with a view to them arriving in say july or is there a time limit from if we got the ok to when they would have to be in the country?

Thanks again

christmasoompa

But that will show you've been living apart for 6 months, so won't actually help! How often will your partner be visiting you? If it's regularly then that may help.

As I said above, it may not be an issue, but technically common-law partners aren't supposed to have breaks in cohabitation other than short, temp ones. The Op Manual describes common-law as -

"To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

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."

I guess it'll come down as to whether or not the immi officer thinks 6 months is temporary and short or not, but if you can show regular visits etc then fingers crossed you should be ok. It's just something to consider anyway. Of course, a quickie wedding would mean you wouldn't have to prove you were still living together…………….shall I get my hat?!?

Starting what? There wouldn't be anything for you to start, your partner and kids would just get their visas at the airport when they arrive.

andybwfc

Surely the company I'm working for and also the recruitment company who has helped me find the placement can both testify for us if need be, as we made these intentions clear before I accepted the job.

christmasoompa

Testify what? Sorry, but I don't understand what you mean?

andybwfc

Just that our intentions were always to come as a family and in the timeframe that we prob will be doing.

andybwfc

And the weddings out the question I'm heading out in 3 days lol

christmasoompa

Your intentions don't count for anything unfortunately. If they did, lots of people would be being sponsored by people they 'intend' to live with in the future or marry in the future!

You need to meet the requirements at the time of applying for a visa, obviously your partner will be applying for her visa on the strength of being your common-law partner, but she'll need to meet the definition of that. All of the info I've given you above tells you what CIC are looking for there.

The regularity of her visits will make a big difference - if she's not planning on coming out at all for 6 months then imo you could have a big problem, but if she's going to be out once a month in that time then you could hopefully show that you've continued to live as a 'married' couple.

Your call, but it's just something in your post that I thought *could* be a potential problem, and the last thing you want is to have your partner's visa refused because of it, so I thought I should mention it.

Best of luck with the job and whatever you decide.