Work Permit under Canadian Tourist Visa

[Martinamgbty]

My boyfriend from Philippines is planning to apply for a tourist canada visa, as soon as he got here our plan is he’ll apply for a work permit so he can work while we’re waiting for he’s permanent residence status. So my question is can he apply for a work permit under his canadian tourist visa? I don’t want to sponsor him directly cos we’re looking forward to the fastest way cos our daughter is growing up without him beside her. So anyone can help me up with this? Thanks in advance! -from philippines

 

[scylla]

To qualify for a work permit, he will need to find an employer willing to offer him a full time job and that employer will need to obtain an approved LMIA. The LMIA is a long (4-6 month) and expensive process for the employer with no guarantee of approval at the end. Generally speaking, it's extremely difficult to find employers willing to go through the LMIA process. So unfortunately it's very unlikely your boyfriend will be able to turn his visitor visa into a work permit.

 

[Martinamgbty]

To qualify for a work permit, he will need to find an employer willing to offer him a full time job and that employer will need to obtain an approved LMIA. The LMIA is a long (4-6 month) and expensive process for the employer with no guarantee of approval at the end. Generally speaking, it's extremely difficult to find employers willing to go through the LMIA process. So unfortunately it's very unlikely your boyfriend will be able to turn his visitor visa into a work permit.

Is there any way that he don’t need to leave canada while waiting his PR?

 

[scylla]

How has he applied for PR? Did you sponsor him as your common law partner through the outland route?

 

[Martinamgbty]

How has he applied for PR? Did you sponsor him as your common law partner through the outland route?

He’s not here yet. We’re just planning, my plan is as soon as he got here as a tourist we’ll apply him as a PR.

 

[scylla]

If you are going to sponsor him once he arrives here - then before you can sponsor him you must first either get married or live together for a year to become common law. Are you already common law now? Have you already lived together for a year?

 

[Martinamgbty]

If you are going to sponsor him once he arrives here - then before you can sponsor him you must first either get married or live together for a year to become common law. Are you already common law now? Have you already lived together for a year?

Yes, and we already had a daughter

 

[scylla]

How did you get your PR status?

 

[Martinamgbty]

How did you get your PR status?

My mom sponsored me. I just came here 2016

 

[scylla]

Did you live together for at least a year with your boyfriend before coming here in 2016?

 

[Martinamgbty]

Did you live together for at least a year with your boyfriend before coming here in 2016?

Yes we lived together since dec 2014 until aug 2016

 

[scylla]

I was afraid that was going to be your answer.

You have a very big problem on your hands.

First of all, because you lived with your boyfriend for a year - you became common law. This means you no longer qualified to immigrate to Canada through your mother. Since you said you were single and didn't declare your common law status - this means you committed misrepresentation and obtained your PR status fraudulently. If CIC ever finds out about this - it's quite possible your PR status will be revoked and you will be ordered to leave Canada.

What this also means is that you can never sponsor your boyfriend. Even if you get married, you can still never sponsor him. If you try, this will draw attention to the fact that you obtain your PR status through misrepresentation. CIC will end up refusing your boyfriend's sponsorship application and quite possibly revoking your PR status.

The only option now is for your boyfriend to get PR status on his own (e.g. through Express Entry). Again, you can never sponsor him. If you try, he will be refused and you will likely lose your PR status too.

 

[Martinamgbty]

Did you live together for at least a year with your boyfriend before coming here in 2016?

Yes we lived together since dec 2014 until aug 2016

Yes we lived together since dec 2014 until aug 2016

I was afraid that was going to be your answer.

You have a very big problem on your hands.

First of all, because you lived with your boyfriend for a year - you became common law. This means you no longer qualified to immigrate to Canada through your mother. Since you said you were single and didn't declare your common law status - this means you committed misrepresentation and obtained your PR status fraudulently. If CIC ever finds out about this - it's quite possible your PR status will be revoked and you will be ordered to leave Canada.

What this also means is that you can never sponsor your boyfriend. Even if you get married, you can still never sponsor him. If you try, this will draw attention to the fact that you obtain your PR status through misrepresentation. CIC will end up refusing your boyfriend's sponsorship application and quite possibly revoking your PR status.

The only option now is for your boyfriend to get PR status on his own (e.g. through Express Entry). Again, you can never sponsor him. If you try, he will be refused and you will likely lose your PR status too.

So if for example we didnt lived together for at least a year can i still sponsor him?

 

[Martinamgbty]

So if for example we didnt lived together for at least a year can i still sponsor him?

But we don’t have daughter that time does it still consider as common law?

 

[scylla]

But you did live together for more than a year.

He can't lie in his application about this. If he attempts to lie - the lie will almost certainly be caught during background checks and then he will be banned from Canada for 5 years.