Spousal/Common-Law Sponsorship Help

[rohan_l]

Hi everyone, I had some questions and it looks like everyone here is very helpful!

My partner (of two years) is American and would like to apply for Canadian PR. The ideal situation involves her moving to Canada in summer 2019, and being able to work right away.

We were planning to apply for the conjugal partner stream, but after reading these forums it seems like we wouldn't be eligible. Strange, because I think her not being able to move here is an immigration barrier!

I've narrowed it down to two options, but they all seem flawed:

- Get married ASAP, then apply outland under spousal sponsorship. Processing time under 12 months so she should be able to move in summer 2019 and work right away. I'd prefer not to get married just for a visa - we will one day, but would rather not rush it!
- She comes as a visitor, applies for an extension and open work permit, and then we apply for common-law after 12 months. This seems sketchy - what does she tell border control when she is crossing? How long does the open work permit take? Can she travel outside Canada while PR is being sponsored?

Do I have any other options? What's the best route? Thanks!

 

[Rob_TO]

We were planning to apply for the conjugal partner stream, but after reading these forums it seems like we wouldn't be eligible. Strange, because I think her not being able to move here is an immigration barrier!

Many visitors stay in Canada 12 months to become common-law, so this is not a barrier.

Also there is no legal barrier to marriage.

Due to both of these, a conjugal app has absolutely zero chance of success.

She comes as a visitor, applies for an extension and open work permit, and then we apply for common-law after 12 months. This seems sketchy - what does she tell border control when she is crossing? How long does the open work permit take? Can she travel outside Canada while PR is being sponsored?

She can't apply for the open work permit until AFTER you've reached 12 months to become common-law, and have submitted an inland app. During the 12 months of qualifying time she will just be a visitor so unable to work.

US citizens can only work in Canada under very specific conditions otherwise:
- if qualify for a working holiday SWAP work permit (only for recent US graduates)
- job offer qualifying under NAFTA rules, and she has education/experience to warrant it
- job offer with employer LMIA approved, again incredibly hard to get unless she has education/skills in very high demand

If you don't want to get married at this point, then you should find a way to become common-law and then apply. You can do this all in Canada, the US, or a split of time between the 2 countries. While in each others countries, count on not being able to work.