Canada: Visa for "Common law'

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Subject: Canada: Visa for "Common law'
  Hi

My partner and I have been living together for over three years, we both intend to apply for a Federal skilled workers visa to Canada.
Would it more beneficial to apply as individuals or as common-law ? what are the positives and negatives of either situation?


Are we choosing the best route by applying for a ´Federal skilled workers visa" from Ireland or would it be better to go through Usit´s one year workers visa program and apply from Canada?

I´ve already consulted all the necessary embassies/offices/paperwork and websites but most visa options appear to require a ´job offer´ prior to application.

Any advise out there
Thanks ,

Karen

[24-11-2009,17:43]
[**.101.45.158]
Karen
(in reply to: Canada: Visa for "Common law')
If you both qualified as a Federal Skilled worker ( or Provincial Nominee Programs) to immigrate, then you both need genuine job offers. As common law partner, one of you has to become PR(may through Federal skilled worker class or Provincial Nominee Programs)in Canada first,then to sponsor another.

[25-11-2009,06:07]
[**.71.183.172]
Anonymous
(in reply to: Canada: Visa for "Common law')
the answer to your question is not accurate.

look at the qualifying NOC codes. If one of you falls within those categories and has the required points - that person should be the primary applicant. The common law partner (as long as it is a genuine commonlaw arrangement) is included just the same way a spouse is included - gay or straight

if neither of you fall into the NOC codes, then again... ONE of you needs a job offer for a provincial nominee program and the partner is included as a spouse.

you are not penalized for both being eligible for a skilled worker application (that would be rediculous) and common law is recognized the same as married in Canada.

[25-11-2009,07:23]
[***.5.54.139]
Sharon
Visa for Canada (in reply to: Canada: Visa for "Common law')
Thanks for your replies.

I´m aware that once we qualify on the point systems (which we both do) we don´t require a job offer. We´d like to go to Canada as soon as possible (February/March), as we´ve already started the process of having our property rented etc . Would we be better off ( as were advised that it can take up to 12 months) taking the one year working visa with USIT and reapplying for a Federal skilled workers visa from within Canada.

My previous query re:common-law is: Are there any benefits to common law status? i.e. Couples more favorable re visa applications/tax breaks etc. We´ve been in relationship four years, living together 3, but we both own separate property, keep separate bank accounts and the household bills for our home just come to one name. I´m wondering if we need to go through all the processes of having everything put into both names so as to affirm our application as common law, or as we´re both eligible according to the points system, applying as individuals

Thanks again

Karen

[25-11-2009,07:45]
[**.101.45.158]
Karen
(in reply to: Canada: Visa for "Common law')
slow down.

1) you may have the points but does 1 of you fall within the 38 NOC codes that CIC is now accepting for immigration?
2)you are dreaming about February/March if you have not submitted any paperwork yet. Try a year, plus.
3) 1 year work visa may or may not be processed in time for February /March and you still have to qualify.
4) Applying from within Canada as a skilled worker is possible. would you be better off... not really. It won´t go any faster.
5) if you are applying as a common law couple, you are going to have to find a way to prove it if asked and based on what you just said... they will likely ask.
6) if you want to apply individually, knock yourselves out but keep in mind that both of you would need skills that fall within the 38 NOC codes.

[25-11-2009,14:44]
[***.20.74.169]
Sharon
Thanks (in reply to: Canada: Visa for "Common law')
Thanks for your help,

We do quality under the 38 NOC codes and glad to say wide awake and not dreaming

We´ve also been advised by Canada-assist that we´ve more than enough proof of our common-law status, I was just being over cautious as neither of us wish to change the deeds on our individual properties.

No need to slow down though, we´ve just returned from a meeting with USIT and were eligible for a years work permit through their scheme, it only takes 6 weeks to process, for a minor extra fee of $150, to be part of their ´Youth movement program´ for Irish citizens under 35´s: no point systems and very little hassle.

We´ve decided to give it a year, be sure that Canada is for us and from there make the necessary applications.

Thanks again for all your advise

Karen




[26-11-2009,12:31]
[**.101.45.158]
Karen Connolly
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