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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96418
Experience:  Lawyer
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I work and live in California. My company is considering

Customer Question

I work and live in California. My company is considering getting incorporated in Québec Canada so I can work remote from there while I move in with my girlfriend and establish my family there. She is Canadian.
Is that possible? If so, what do I need to do? I am 33, have a degree in software design, no health issues, never a problem with law, good credit, know two languages and learning french at the moment. Don't know if any of that matters.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Have you been living with your girlfriend, and if so for how long?

Are you planning on marrying her? If so, then when?

Once I receive this information I will be able to answer your question fully.

Customer: replied 1 year ago.
We have basically been living together in california almost a year, and she moving next week back home to canada (her work visa expires). We are planning to get married, but next year, we can't this year.
Expert:  Legal Ease replied 1 year ago.

So long as you can prove that you have been common law spouses for at least one year your girlfriend can sponsor you under the spousal sponsorship category.

Here a link to the information you will need about this process:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

The way this process works is that your girlfriend will apply to be your sponsor at the same time you are applying for permanent residency status. This is all done through one application. Canada immigration will first asses your girlfriend to be sure she can be a sponsor and once she is approved as a sponsor your application will be processed.

Based on what you describe in your post there is no reason why Canada immigration will not approve the application for you.

Customer: replied 1 year ago.
I think that will be a problem, because she is going through a divorce that has taken over a year to process and it will be done at the end of the year (hence why we can't get married). If my company gets incorporated in Canada, can I get a work visa and move in with her? Just looking for what are my available options.
Expert:  Legal Ease replied 1 year ago.

It is not going to be a problem because she is sponsoring you as a common law spouse and so long as you are living together it does not matter if she is married to someone else.

You can only get a temporary work permit if the employer, which could be a corporation, applies to the government for a Labour Market Impact Assessment. So it is possible for you to come on a work permit, it is also possible to enter as a visitor so long as your intention is not to remain in Canada. Then if you decide to remain in Canada with your spouse your spouse can sponsor you from within Canada and, in fact, a short time after the application is started you may retain an open work permit which gives you the right to work for any employer in Canada.

But, when you are coming to visit Canada you will have to show that you have strong ties to back home or you will not be permitted to enter as a visitor. These strong ties could include employment in the US, a home in the US, family in the US, etc.

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