Hey Canadians! SWAP Program?

[Secrecy]

So Canadians specifically who might be familiar with the SWAP program, I have a few questions. (Or from anyone in general who might have gone through a similar thing.) I live in the states, and sometime early next year, I want to get a work visa for a year and move up to Toronto for that time, and live with my boyfriend. At the end of the year, I will change my status as a visitor (which is good for three months I think) and during that time, get everything sorted out and try to apply to have him sponsor me as a common-law partner, since you have to have a minimum of a year together in order to possibly even be eligible. My question is this: would this be the best theory to go about legally immigrating to Canada? Obviously, marrying would be easier, but we don't yet feel it's the time for marriage for us - we would rather live close distance before even considering such a thing. I would like any feedback on anyone who might be familiar with the program, or the possibilities to immigrating in the way that I am describing (or something similar.)

[silvermoonfairy3]

My question is this: would this be the best theory to go about legally immigrating to Canada?

Honestly, probably not.

Most countries, including Canada, don't really like what can be seen (to them) as trying to skirt the traditional applications for the right visas, etc. Not saying that's what you're doing, exactly, but going in on a student work program, then switching to a visitor, then trying to get common law will probably draw some red flags. Additionally, you may need to go back to the US between the SWAP ending and getting a different visa, which would negate the year of being there as far as being common law with your SO, because it has to be continous before the application.

The SWAP program is just for college students, correct? Are you currently in college? If not, I don't think you're eligible for it anyway. If so, how are you planning to work that in among your studies? Will you take an extra year after completion here and work there, or will you need to come back to finish your degree?

Another thing you'd probably want to check is what their residence requirements are for the SWAP. I know they help with finding housing, etc.. but the common law thing requires you to be living with your partner.

That said, common-law marriages often have a lot of the same legalities as regular marriages, so if you aren't sure regular marriage is the right path at this particular moment, common-law probably isn't either.

I have not done the SWAP program, nor immigrated to Canada, so this shouldn't be taken as professional/legal immigration advice. But I know people with dual citizenship in Canada, and people that have (and currently do) work/study there, so I have some familiarity with their procedures.


If you're going to work in Canada, the better route might be to try to find a job there first so you can get a company to sponsor you on a work visa.

Good luck!

[BabyGund]

You do realize that common law marriage is the same as being legally married? You have to hold yourselves out to the public as being married --it's not simply just living together. The parties must intend their relationship to be, and to be regarded as, a legally valid marriage. So this may not be what you are looking for.

And the one year common law marriage requirement applies just to the CIC for immigration....you may not be considered common law in the actual province in which you settle, for example, you are not common law married in Ontario unless you have cohabitated and held yourselves out as married for at least 3 years.

[Riyko]

If you're going to work in Canada, the better route might be to try to find a job there first so you can get a company to sponsor you on a work visa.

Except you can't get a job in Canada unless you have a degree or know someone as most companies won't hire someone if they don't have a SIN (social insurance number) and/or they already have authorization to work in Canada. Meaning most companies aren't willing to sponsor you to work for them. (i lived, went to school then worked in canada for 4 years and recently got my canadian citizenship, so i know a little about this )

Also what slivermoonfairy said, is you need to be a college student or a recent graduate to be eligible for SWAP, also what most of the visas require if you are changing your status from one to the other is you have to leave the country to change your status (unless it involves residency usually), but it's usually how ever long you were in the country, you should be out of the country for the same amount of time. Happened to a friend of mine she was a student and her visa was expiring but wasn't going to be returning until fall semester (this was the end of spring semester when her visa expired), she wanted to change her status from student to tourist and stay in the country until she could get her new visa and they told her no right then and there so she had to leave until she could get her new study permit.

[Zephii]

I'm not Canadian and have not done SWAP, but as long as you live together for a year and can prove it, and have enough other supporting evidence of a genuine ongoing relationship (joint bank account, bills in both your names, lots of photo evidence of both of you with family/friends/living a normal life, proof of future plans etc) there's absolutely no reason I can see that you'd be denied or considered to be skirting the law. No where on the application does it say that you need to live for a year on a specific type of visa (unless they've recently changed the documentation). To the best of my knowledge you don't have to be living together at the time you apply, you don't even need to be in the same country, as long as you can prove you lived together a year recently and will again on approval.

Speaking of documentation, the official legal documentation is 100% your best source of information. It can be hard to chew through, but information from others, even those who have used the same visa, is simply never as good. Others may also have done their applications incorrectly, and I know in my case that things I needed to provide or was able to differed slightly from others who were still approved on the same visa.

[Secrecy]

Thank you everyone for all your responses on the subject - I figured it would be implied that I would be a full-time student in school just by asking about the SWAP program, but yes, I am a full-time student in school. I plan to do the SWAP program after I graduate, that way I wouldn't have to worry about both school and working at the same time. (Technically, if I wanted to, I could, since most of my schooling is done online. Yes, the school is recognized and accredited.) I would be graduating with a bachelor degree in graphic design/web development, so I am not so sure how employable that would be given the circumstances. I know common-law is essentially the same as being married legally, but I suppose it felt like it may have been a bit easier to go that route than feel like we'd have to force ourselves to use the "will you marry me?" question as a way to get into the country - I didn't want to feel like one of those people, you know? I was just hoping it could happen more naturally, if we were able to live together and act as a married couple while we fall into terms with being able to get married. I mean by the time I go up there for the year, we'd have been together for almost four years - I suppose I should clarify that I am not at all opposed to the idea of being married to him, and I don't think he is me, but he just showed more comfort with the idea of common-law. Granted, we have skirted the idea of getting married, but have shown a preference for just being able to live together in a committed relationship before we get married - I know it seems like nuances, but it was just our preferance. But now it's not looking so promising after mention of this:

And the one year common law marriage requirement applies just to the CIC for immigration....you may not be considered common law in the actual province in which you settle, for example, you are not common law married in Ontario unless you have cohabitated and held yourselves out as married for at least 3 years.

I wasn't aware the provincial differences for common-law - why would the CIC say at least one year then? Sorry, just trying to clarify. Your SO is in Toronto as well, so I figure you'd probably have looked into this a lot too.

Except you can't get a job in Canada unless you have a degree or know someone as most companies won't hire someone if they don't have a SIN (social insurance number) and/or they already have authorization to work in Canada. Meaning most companies aren't willing to sponsor you to work for them. (i lived, went to school then worked in canada for 4 years and recently got my canadian citizenship, so i know a little about this )

Riyko, from what I understand, you do get a SIN when you apply for SWAP - it's one of the things that makes you eligible to work in the country. Since you've been through the whole shebang, what do you mean most companies wouldn't be willing to sponsor you to work for them if you already have authorization to work in Canada? Do you mean to say that if I arrive for that year to work in Canada, that it's highly unlikely of me to find a company that is like: "We like you - we want to extend your visa/have you apply for a work visa so you can permanently work with us?" Again, I'm less familiar with how that would work as I have done less extensive research on work visas, but it was more of my priority to go up there for the year and actually look for a job that might be willing to sponsor me and hire me on (as a second option if common-law doesn't work out, which because of what BabyGund said, looks like it may not). But because of what you're saying, that won't be likely possible because of the circumstances I fall into? I like other people's experiences about this kind of thing.

Again, I know common-law isn't just about living together - it's about living together in a committed relationship and essentially living together as if you are married. We just wanted to be able to live together in a committed relationship while the subject of actually legally tying the knot and getting the certificate and maybe having a big florally wedding and the whole nine yards happens more naturally, not across borders. (No offense to anyone who did it this way, because that's totally cool! We just preferred it this way.) But now I'm not entirely sure if anything BUT that is possible - I suppose if nothing else, living together straight for a whole year (since I still do plan to do the SWAP program) will be a good way to testing waters while we breach the subject of that.

[digitalfever]

When you get your SIN it will be a temporary one (I think those ones start with a 9.) Basically, they'll know your a temporary worker and there won't be anyway around it.

In Ontario (provinces have different laws) common law doesn't actually exist while in provinces such as BC couples have the same rights as married couples after they meet certain requirements. This is because common law relationships fall under provincial jurisdiction and therefore each province decides what defines a common law relationship. So you really need to do your research before you try to go this route as the rules differ from jurisdiction to jurisdiction.

[BabyGund]

In Ontario (provinces have different laws) common law doesn't actually exist while in provinces such as BC couples have the same rights as married couples after they meet certain requirements. This is because common law relationships fall under provincial jurisdiction and therefore each province decides what defines a common law relationship. So you really need to do your research before you try to go this route as the rules differ from jurisdiction to jurisdiction.

In Ontario, it does exist...I consulted with an immigration attorney during my visit with SO. And yes, the provinces have different reqirements. In Saskatchewan, you can be legally married to one and common law married to another. You could have two spouses, technically.

I think the SWAP program is great -- you'll be able to see your SO and also see if immigrating to Canada is for you. But you'll have to leave at the end of the 12 months and come back. I don't know how long you would have to wait to come back though.

[digitalfever]

In Ontario, it does exist...I consulted with an immigration attorney during my visit with SO. And yes, the provinces have different reqirements. In Saskatchewan, you can be legally married to one and common law married to another. You could have two spouses, technically.

I think the SWAP program is great -- you'll be able to see your SO and also see if immigrating to Canada is for you. But you'll have to leave at the end of the 12 months and come back. I don't know how long you would have to wait to come back though.

"Common law marriages" do not exist in Canada they are called common law relationships or common law partnerships. In Ontario, she would need to be living with her partner for three continuous years and the relationship will have to meet the 7 factors.

I don't think this visa is a "good" idea on its own. I think setting up a mutual back account, having financial records in both of your names, regular visits and the like combined with this visa is a better idea.

[BabyGund]

"Common law marriages" do not exist in Canada they are called common law relationships or common law partnerships. In Ontario, she would need to be living with her partner for three continuous years and the relationship will have to meet the 7 factors.

Semantics. Really? Gonna quabble over "marriage" vs "relationship"? They have the same rights and responsibilities, except for property division when the couple breaks up or "divorces".

[Secrecy]

"Common law marriages" do not exist in Canada they are called common law relationships or common law partnerships. In Ontario, she would need to be living with her partner for three continuous years and the relationship will have to meet the 7 factors.

I don't think this visa is a "good" idea on its own. I think setting up a mutual back account, having financial records in both of your names, regular visits and the like combined with this visa is a better idea.

Right, this is exactly what I thought via my research on the subject. I mean they are not marriages - aside from I think maybe in British Columbia, they are not exactly the same concept. This is why we preferred one over the other. When you say "this visa," do you mean common law partnership or the SWAP program? Regardless of which you meant, we still planned on combining some of our assets together while I am living there just to make things more convincing just in case some holy miracle happened and I was legally able to stay in Toronto for three years or something.

I guess I just don't understand why the CIC wouldn't better include that it differs for each province. I mean maybe it does and I wasn't looking in the right place, but every documentation I read constantly stated: "At least a year, at least a year, at least a year." Are they implying by saying "at least" that it will be no less than a year and possibly greater, due to provincial differences? Bleh, I wish I had taken the chance to study in Canada when I was thinking about it.

[BabyGund]

I guess I just don't understand why the CIC wouldn't better include that it differs for each province. I mean maybe it does and I wasn't looking in the right place, but every documentation I read constantly stated: "At least a year, at least a year, at least a year." Are they implying by saying "at least" that it will be no less than a year and possibly greater, due to provincial differences? Bleh, I wish I had taken the chance to study in Canada when I was thinking about it.

Because you can incur the one year anywhere, not just in Canada. One of the options the attorney offered was my SO moving here and us living here in the States for one year, and then he could sponsor me as common law marriage (the term the attorney used - maybe he was making it easier for the dumb American to understand). But my SO has a very good job with union benefits that he couldn't just up and leave to move to the States.

[Secrecy]

Because you can incur the one year anywhere, not just in Canada. One of the options the attorney offered was my SO moving here and us living here in the States for one year, and then he could sponsor me as common law marriage (the term the attorney used - maybe he was making it easier for the dumb American to understand). But my SO has a very good job with union benefits that he couldn't just up and leave to move to the States.

Right! I knew you could sponsor from outside of Canada, but that is - and pardon me if I am being daft - where I am getting a little bit confused. So you say if I go up to Toronto, which is my original plan, I would need to live together for at least three years per provincial jurisdiction. If HE comes down HERE, because that three-year rule doesn't apply, he could live in the states for a year, as the law says, and be able to sponsor me when he moves back to Toronto? I mean that's an option (if I am understanding it correctly), though my boyfriend has no schooling behind his belt or anything so I'm not sure how he'd be able to live down here for a year legally, anyways.

Also, I don't think digitalfever was trying to be snarky or anything in her use of "common law partnerships" versus "common law marriages." I think she was just trying to keep it clear for me by essentially saying that aside from in BC, I believe, common law partnerships do not, 100%, side by side, have equal rights as marriage does, so they are not definitively the same. (such as I cannot live with my boyfriend for however long I need to and suddenly I am married. I am in a common law relationship, not the same.) I mean I think the term is interchangeable though, as I see it used that way in my research, so I can understand where you're coming from!

[digitalfever]

Right! I knew you could sponsor from outside of Canada, but that is - and pardon me if I am being daft - where I am getting a little bit confused. So you say if I go up to Toronto, which is my original plan, I would need to live together for at least three years per provincial jurisdiction. If HE comes down HERE, because that three-year rule doesn't apply, he could live in the states for a year, as the law says, and be able to sponsor me when he moves back to Toronto? I mean that's an option (if I am understanding it correctly), though my boyfriend has no schooling behind his belt or anything so I'm not sure how he'd be able to live down here for a year legally, anyways.

Also, I don't think digitalfever was trying to be snarky or anything in her use of "common law partnerships" versus "common law marriages." I think she was just trying to keep it clear for me by essentially saying that aside from in BC, I believe, common law partnerships do not, 100%, side by side, have equal rights as marriage does, so they are not definitively the same. (such as I cannot live with my boyfriend for however long I need to and suddenly I am married. I am in a common law relationship, not the same.) I mean I think the term is interchangeable though, as I see it used that way in my research, so I can understand where you're coming from!

I'm sorry if it did come off as snarky I was just trying to be clear that it doesn't actually exist in Canada and that it's term people use colloquially. But in reality common law partnerships do not have the same rights as married spouses. I was just trying to clarify as it may make your search easier as well.

In the United States, "common law marriage" is used to define what is considered a common law relationship. Is it possible for you too have your So move out to you?

[Secrecy]

I'm sorry if it did come off as snarky I was just trying to be clear that it doesn't actually exist in Canada and that it's term people use colloquially. But in reality common law partnerships do not have the same rights as married spouses. I was just trying to clarify as it may make your search easier as well.

In the United States, "common law marriage" is used to define what is considered a common law relationship. Is it possible for you too have your So move out to you?

Yes and no. Only nine states out of the fifty recognize common law relationships in the United States. That being said, I AM lucky enough to be living next to two states (only about ten minutes away from one, actually) where common law relationships exist. However, I am not sure the leverage of using that as a means to be able to immigrate though... The laws on it are kind of... Wishy-washy? It's been hard for me to find definitive answers on it online, and to be honest, I haven't done a ton of extensive research on it because, from my understanding, it may as well not exist here.