Sponsership, Visitor visa or Work permit visa

[dompb]

Hi there,

We're looking for some advice, and hope there's someone out there that can help. I met my partner in the UK, where she was on a youth mobility visa for 2 years, after that I came to Canada for 2 years on my own youth mobility visa, with an open work visa. Our plan was for me to move back to the UK and for her to follow on a UK De-facto (common-law visa), which she is currently applying for and will take ~4 months. We meet all the requirements for this, so it shouldn't be a problem.

The problem is that, almost as soon as I came back to the UK I regretted leaving Canada, and now would much rather us settle there. It's always been a bit of a toss up which where we would eventually end up settling, but now we are pretty sure we want to be in Canada.

I feel like we've made a bit of a mistake, as perhaps I could have extended my youth mobility work visa while in Canada, but suspect that opportunity is now gone.

I've looked into options and it seems like to apply to go to Canada as a spouse from the UK will take ~12 months, which is a very long time to be apart. Is there any way we can speed this process up, or be reunited sooner, ideally with me having the ability to work?

Also does any one know if this work permit "A work permit for a spouse, common-law partner or child of a skilled worker or international student" Applies to all common-law partners or only those who are the common-law of a skilled worker or international student. The wording seems a bit confusing to me.

 

[scylla]

Also does any one know if this work permit "A work permit for a spouse, common-law partner or child of a skilled worker or international student" Applies to all common-law partners or only those who are the common-law of a skilled worker or international student. The wording seems a bit confusing to me.

It only applies to partners of skilled workers or international students. It doesn't apply to your situation.

If she sponsors you for PR inland, you can include an open work permit with the application that will be approved in about four months.

 

[KBH]

Assuming you have lived together continuously for at least 12 months (and your partner is Canadian), you can apply for PR inland like scylla mentioned. You would come to Canada as a visitor and then submit your application. This allows you to simultaneously submit an application for an open work permit.

 

[dompb]

Thank you very much scylla and KBH, that sounds like it's a significantly shorter wait!

I assume I would not be able to work as a visitor until the work permit was granted after 4 months? (I'm currently a self employed remote programmer).

 

[KBH]

Thank you very much scylla and KBH, that sounds like it's a significantly shorter wait!

I assume I would not be able to work as a visitor until the work permit was granted after 4 months? (I'm currently a self employed remote programmer).

That’s correct, but something important to note: if you work remotely, your employer/client(s) are located outside of Canada, and you are paid in a bank account outside Canada, you actually do not need a work permit at all. So you could apply outland PR in that case (which is processed faster than inland), and choose to wait in the UK or Canada

 

[dompb]

That's great news KBH! I would have thought that all work inside Canada counted as work, regardless of where the bank account or what the currencies involved were. I currently get paid in CAD, to a Canadian bank account, but the account has a UK address. So if I ask my clients to pay me in GBP to my GBP UK account then I can still conduct my work in Canada without the work permit?

I suppose this is getting more into the realms of accounting. Do you know of anywhere I can look up this information?

 

[KBH]

That's great news KBH! I would have thought that all work inside Canada counted as work, regardless of where the bank account or what the currencies involved were. I currently get paid in CAD, to a Canadian bank account, but the account has a UK address. So if I ask my clients to pay me in GBP to my GBP UK account then I can still conduct my work in Canada without the work permit?

I suppose this is getting more into the realms of accounting. Do you know of anywhere I can look up this information?

This page has the info: https://www.canada.ca/en/immigratio...y-residents/foreign-workers/what-is-work.html

"long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada"

In my case, I kept my job with my American employer and worked remotely, being paid into a US bank account, when I was in Canada as a visitor (no work permit)