London_Based

Hi all,

I've been living and working in Vancouver since 2016 as a Permanent Resident (skilled worker class, I am a British citizen). I've been in a long distance relationship with my UK based girlfriend since then, and for four years prior to moving here while still in the UK. She is also a British citizen. She was studying in 2016, and I had a job offer in BC, hence we were unable to relocate here together at that time. She is now ready to make the move across across and live with me in Canada, so we are looking at how this can most quickly be achieved. She is adamant she wants to be able to work as quickly as possible, and does not want to languish here on a visitor's visa for many months.

She has missed out on the Canadian Experience Class as she is over 31. We believe she would qualify as my common-law because of our historic relationship in the UK, however we are concerned how long the PR approvals would take while she would remain in the UK (1 year processing + the time to get documents together ).
Does anyone have any ideas or suggestions on how this process can be expedited? For example if she arrived on a tourist visa here in Canada, and we apply for a change to PR while in country, does that expedite the PR visa? While waiting for PR in Canada (with me sponsoring her), can we apply for a temporary work permit does anyone know?

Thank you in advance.

Thanks

Aviator

I doubt you will qualify for common law, as you have not been living together. Even a week or two apart can raise questions. Cannot see any way you could sponsor her other than if you get married. For a TWP she would have to find an employer willing to go through the LMIA process (and spend $1000) to hire her. They must also try and hire Canadian/PR first though.
Even sponsoring her as a spouse if you marry, there are waiting periods to be able to work. She may have to be patient. If she comes as a visitor and immigration suspect she may not leave when her visitor permit expires, she may be refused entry.

If she was your common law spouse at the time you applied for and got PR and she was not included as a dependent, this may also cause complications. So you may want to be careful claiming common law.

Siouxie

+1 -additionally, please take note of the section in the wiki referring entering Canada as a visitor with the intent of applying for PR as a spouse. (see link below). I've moved your post to our Immigration Forum

I don't believe you would qualify for Common Law status as you would only be able to be apart for very short periods of time - due to business or family - think a week or two (and I would reiterate what Aviator said about if you were common law at the time you landed as a PR and didn't declare her, you may have some serious issues - including not being able to sponsor her...
https://britishexpats.com/wiki/Spous...ons_of_this.3F



https://britishexpats.com/wiki/Spous...d:_Dual_Intent

Vulcanoid

Have you at any point lived together for over one year continuously? It's not clear if your relationship was long-distance before you moved to Canada or not.

'Canadian Experience Class' is a route to PR that requires a person to have worked in Canada in a skilled job. It has no age limit. When you say that she's missed it at 31, you're probably thinking of International Experience Canada, which is a temporary two year work permit available to Brits aged 18-30.

Being in Canada does not make the process go quicker (indeed, for family class sponsorship it used to go a lot lot slower, because the point of it is to reunite families; those already in Canada didn't need that, as they were already together).

London_Based

Thanks for your responses. We were living together in the UK before I moved to Canada but it was not quite for a year.

I will take a look at the threads that have been suggested and post any further questions.

I did consider whether the 'conjugal' partner definition might apply for when were together as a couple but not living together - she was studying architecture full time at University in East Kent and I was working in Central London.

Vulcanoid

OK. Just be very clear that you were not living together for a year or more. If you had been, then you would have established a common law relationship, and unless you declared her as your non-accompanying partner on your initial application, you would not be able to sponsor her.

The 'conjugal' category is almost certainly not available to you (functionally, it's certainly not available; the 'almost' is only there in case you've neglected to mention something like you both being single parents with children who aren't allowed to leave that country). In order to qualify as a conjugal couple, both marriage and common law must be unavailable due to legal or immigration barriers (think a same sex Saudi couple, or an ultra-orthodox Jewish divorcee from Israel). You can get married, you can establish CL, so you cannot be a conjugal couple.

Aviator

If you were living together and she was not included in you PR app, you may not be able to sponsor.
In that case she would need to qualify and apply on her own.
Might be easier to find a new one!