work permit for spouse of work permit holder -- i am totally confused

I've waded through pages and pages of posts but without being able to find the information I'm looking for. Most of the inquiries have to do with details of applications, timelines, technicalities and so on, whereas I'm looking for very basic information.

My situation: I am a Canadian citizen who has just been hired on a 5-year contract in the UK (at a university -- that's why it is a fixed term contract). My partner is an American citizen and a 'landed immigrant/permanent resident' in Canada  -- we are not officially married but have lived together for 4 years and I successfully sponsored her for landed immigrant status in Canada as my civic partner. The university is sponsoring me for a work permit, which I expect to be approved for shortly.

The problem I'm having is that I have been unable to figure out what exactly the situation is regarding my partner. What does she need to do to work legally in the UK?

Does she need to find an employee willing to sponsor her?

Can she apply for an open work permit, as my partner, so that she can apply for jobs once she is in the UK?

I know that information about this is (allegedly) on the home office website, but I just can't figure it out. I don't know, for instance, if I would count as "present and settled", since that is defined as someone with permission to resident permanently in the UK, and I don't believe I will have such permission once I get my work permit since I only have a contract job.

I assume my situation must be quite common, so I'm hoping someone with some experience can help!

thanks!

retrobolted.

more (and smarter) searching reveals the following links:

http://talk.uk-yankee.com/index.php?topic=9121.0   (first reply is very helpful)

http://talk.uk-yankee.com/index.php?topic=27262.0

and

http://www.bia.homeoffice.gov.uk/workingintheuk/workpermits/workpermitholders/dependants/   (not sure how I missed this before)

I would seriously think about the fact that your partner and you may need to consider the impact of your partner losing perment residence status in Canada.

http://www.cic.gc.ca/english/newcomers/about-pr.asp#lose_status

Is it possible that your partner can stay in Canada and apply for citizenship if eligible? http://www.cic.gc.ca/english/citizenship/index.asp

Then partner can come to join you, if you decide to marry. If you are both Canadian in the UK, you both have the right to vote.  Also, if you wish to return to Canada, you can both do so unencumbered.

Otherwise, if you have been living together for two years and have required proof, I believe you can apply for an unmarried partner visa.

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners

Best of luck choosing the right path for you.

It's not actually a spousal visa - it is a dependent of a work permit holder.  But the same proof is needed.

Vicky

thanks mapleleafgirl72 and victoriaS. Regarding whether my partner would lose her landed immigrant status: we have been assured by the immigration people that the clock stops if a landed immigrant has to leave the country because of a partner's work situation. So my understanding is that we can go for 5 years and then come back and it will be as if we haven't left.

sorry, one other follow up question. Am I right in understanding that my partner will not merely get a visa that allows her to stay in the UK while I am there, but will also have an open work permit, allowing her to apply for work freely?

I understand that we would either have to be married by that point or prove we have lived together for two years, but I assume that (the latter) would be easy to do.

thanks again.

thanks mapleleafgirl72 and victoriaS. Regarding whether my partner would lose her landed immigrant status: we have been assured by the immigration people that the clock stops if a landed immigrant has to leave the country because of a partner's work situation. So my understanding is that we can go for 5 years and then come back and it will be as if we haven't left.

I would strongly advise seeking formal legal advice on this, as the standard to keep PR status relies on living in Canada for at least two years within a five year period.

I think what you are referring to is maintaining residency obligations if accompanying a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner?

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

Being assured for me wouldn't be enough, and I'm sure you wouldn't want to disadvantage yourselves in the future, by having to re-immigrate. I would still suggest to seek formal  specialist advice. But that's just me.

http://www.cic.gc.ca/english/information/representative/index.asp  

Is your partner not eligible to naturalise as Canadian yet? That would circumvent all this.

Best of luck with your plans.  

sorry, one other follow up question. Am I right in understanding that my partner will not merely get a visa that allows her to stay in the UK while I am there, but will also have an open work permit, allowing her to apply for work freely?

I understand that we would either have to be married by that point or prove we have lived together for two years, but I assume that (the latter) would be easy to do.

thanks again.

I understand that the visa for the partner is based on being your dependent and that she will be free to pursue employment, as she wishes. I'm sure Vicky'll confirm.

Yup.


Vicky

Yeah, but she wouldn't have her own work permit, just the visa as a work permit dependent which will allow her to work

that's great news, thanks again everyone.

mapleleafgirl72...I will look into this a bit more. I'm in a line of work where most openings attract 200-400 applicants (all of whom have a PhD!), so it's not a trivial matter to decline a good job offer from overseas. But I wouldn't want my partner to run into trouble down the road if/when we return to Canada.

I'm a bit puzzled though at why you think I should seek expert legal advice....isn't the following pretty clear:

"You may also count the days you spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age)."

I'm only worried that if that isn't clear, then nothing is, and I would have to get experts to interpret everything.

"You may also count the days you spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age)."

I'm only worried that if that isn't clear, then nothing is, and I would have to get experts to interpret everything.

I would just double check that you meet their requirements for a common-law partner. If you do, then it does seem pretty straight...

that's great news, thanks again everyone.

mapleleafgirl72...I will look into this a bit more. I'm in a line of work where most openings attract 200-400 applicants (all of whom have a PhD!), so it's not a trivial matter to decline a good job offer from overseas. But I wouldn't want my partner to run into trouble down the road if/when we return to Canada.
....
I'm only worried that if that isn't clear, then nothing is, and I would have to get experts to interpret everything.

I guess I feel that for me, information on a website, a forum, a telephone call with Citizenship and Immigration Canada, would not be enough for me to feel I understand all the options, all the implications and all the interpretations of the immigration rules. I'd want expert advice to help me lay out all the options, all the implications and all the interpretations of the immigration rules for each option to make the best informed decision. I guess in your situation, I would feel that I had invested enough for my partner to get Canadian PR and I'd want to know my options and their implications inside and out.

This comes from the knowledge of experience of a Canadian - British couple I know that returned to the UK a few short months before the British half qualified for Canadian citizenship. More than five years passed and the couple pined for Canada, but were deterred by having to re-immigrate at greater cost and complexity than previously. They wished they had stayed for the British half to get citizenship.  And they remain in the UK and have moved on and settled into UK life. But they felt that was a mistake and that closed options and choices to them.

I understand that your priority at the moment is to secure a good job in an area you're qualified for and I can totally understand that, especially if competition is fierce. You both need to know how important (or not) maintaining the PR status is to you, and, as I say, if it is important, maybe the partner is able to stay behind to obtain citizenship and then perhaps consider marriage later to come to the UK? What happens if you stay outside of Canada more than the alotted time, if you fall under those rules cited? How would you feel about loss of PR status? 

Seeing a professional would, for me, be money well spent to look at all the options, all the implications and all the interpretations of the immigration rules for each option to make the best informed decision. Hope that clarifies my view.

Best of luck with everything!