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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 100067
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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good day, I am a temporary foreign worker since September 2012.

Customer Question

good day, I am a temporary foreign worker since September 2012. I'm separated about 3 years now but not legally ( in papers ) I'm in a relation with a Canadian citizen for 20 months now, living together and sharing everything we have. i don't apply for a provincial nominee program to have my residency since my plan was to just renew my contract in my current employer but since there's a new rules noW in TFW, unfortunately i cant do that anymore. I had applied to extend my work permit online last june 14 and im waiting for the result within this week.. MY GIRLFRIEND ask me to get married so that i can live here for good with her since i don't want to leave the country as well. I APPLIED for a divorce also and expecting to have my notorized confirmation this week.. my question is.. is getting married will help me to stay here in Canada? or do i have to leave Canada as soon as my work permit expires even Im married to a Canadian citizen? I badly needed your answer.. thank you so much..
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Getting married does not give you the right to remain in Canada.

But a spousal sponsorship application does though it does not allow you to work in Canada.

If the divorce does not come through or if you prefer not to marry as you are common law spouses (you've been living together in a marriage-like relationship for over one year) she can also sponsor you as her common law spouse and that can be started at once.
Customer: replied 2 years ago.
Hi again.. Why I'm not able to work if she sponsor me? And like I have a friend also from Toronto, she applied for temporary resident visa after she got married while completing all her requirements in her PNP application. I am able to do that here also in NL?
Expert:  Legal Ease replied 2 years ago.
A spousal sponsorship application does not give you the right to work.

To work you need a work permit.

Once you are approved for PR status but have not yet received it you will be able to get an open work permit.

But until then you will need to apply for a work permit if you want to work.

You don't need a temporary resident visa once the spousal sponsorship application has been started.
Customer: replied 2 years ago.


I think this will be my last question.. what can you advise for me and my case as a immigration lawyer.. I really want to stay here for good. I have a lot of plans. thank you so much and I really appreciate your help..

Expert:  Legal Ease replied 2 years ago.
I suggest you do a spousal sponsorship and to see an immigration lawyer face to face.

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