Partner/Spouse Work Permit

[KevinGK]

Hello kind audience, I will keep it short and concrete as possible. I have obtained an admission letter to perform a full-time PhD in McGill University, and I would like for my girlfriend to come with. We are already trying to collect evidence in order to obtain a common-law declaration but we are also considering marriage. We live in Mexico and I have a British and Mexican citizenship, while she only has a Mexican citizenship. My questions are:

1) Can she enter Canada as a visitor, and during her authorized stay as a visitor live with me and help me generate additional common-law evidence to reach the 12 month requirement while living in Canada?

2) Once we have enough proof covering 12 months (we might only need 3 or 4 more months more of evidence after entering Canada since we just started living together in Mexico but my PhD starts already in January), can we apply for common-law in Canada without her having to leave the country (assuming we apply before her permit as a visitor expires)? Once we have applied and have proof of the application, can she remain in Canada until we receive the common-law declaration AND the work permit even if all this happens after her permit as a visitor has expired?

3) Lets say we want to get married, and we do it in Canada while she is staying as a visitor. Once we have our marriage certificate, can she remain in Canada until we receive the certificate AND the work permit even if all this happens after her permit as a visitor has expired?

4) If we go back to Mexico and get married, she would then have to re-enter Canada again as a visitor and apply for a work permit once in Canada? Same rules of question 3 would apply for this case?

5) All of this assumes that the only way she can stay in Canada with me is by getting the work permit? Even if she doesnt need to work and I could provide for her?

I hope it was clear, thanks in advance for the conferred time and attention.

Cheers.

 

[vaya]

Hi there,
Since you don't have Canadian citizenship or PR, I am not sure if you two fall under this category. If you have some form of grant/scholarshop for your PhD though, check with them if they have additional funds for spouses. A few of my friends who are doing their PhDs in the States could take their partners with them through this, by getting married first and having them join on their contract with the university.

I know that in Canada the PhD process is a bit more like a university program and different to the States, but it might be worth looking into!

 

[KevinGK]

Hello again and thanks for the feedback. I have a full scholarship from the Mexican government, and they do increase your maintenance budget if you have a spouse. Are you implying that if my scholarship proves that I am receiving funds to provide for her during my studies, then she might not need a work permit to stay with me? This would mean that we could also then ommit the work permit requirements (marriage or common-law declaration) even though we would already be married since the scholarship bonus requieres it? I added now an additional question (#5) that maybe addresses this issue. Thanks.

 

[vaya]

I don't think that your scholarship is related to her ability to get a work permit. I just don't think that she can get a work permit if you don't have PR or citizenship - but maybe someone with more knowledge can help. There has been a thread about this topic as well, maybe this can help:
http://www.canadavisa.com/canada-immigration-discussion-board/visa-category-for-spouse-of-international-phd-student-t141467.0.html

 

[vaya]

So maybe also check in the International Students section of this forum, and not the Family Class Sponsorship!

 

[KevinGK]

Thanks, will do.