a few questions...

[Kittybeast]

Hey, I know that there are a lot of threads already in this forum, but I really would like some advice on my specific situation. I have been with my boyfriend officially for just over a year, and would like to move there as soon as possible (he is a Canadian citizen). We are going to get married as soon as possible. His mum has a business and has offered me a full time permenant position, and a place to stay until we get our own place. I am a UK citizen and I was wondering what my best plan of action would be?

Any help would be greatly appreciated.

 

[Gdaymate]

Hi Kittybeast

I'm not sure how much you know about the process but you have a couple of options depending on your current living situation and what your needs are. For instance, I suspect when you say you've "been with" your boyfriend for over a year that you have not actually been living together in that time? If that is the case then you will need to get married first so he can sponsor you as his wife as you would not be eligible to be sponsored as a common-law partner.

After that your options depend on whether it's more important to you to be able to work in Canada as soon as possible or if you want to spend the least amount of time apart.

As for the fact that his mum is offering you a job and a place to stay, that's good news for you but doesn't really affect your application in any way, that is to say it won't speed things up for you if that's what you were hoping.

If you let me know your current living situation and how you feel about the work/time apart choice I can give you more specific information - there's not enough space here to cover all the options!

 

[Kittybeast]

Gdaymate- thanks for your reply! I have been looking into this for a while now and am getting very confused by it all!
I am currently living with my parents, and my boyfriend and I have never officially been living together. The most important thing is for us to spend as little time apart- would we need to get married before I move over? Is there an option wherein I could get a work visa and get married whilst I am there? Financially, we aren't really in the position where we can tie the knot for a while yet. Also, what is the longest I could stay there as a visitor? And would I be able to apply for work whilst there or not? I know some of these questions do not relate to the family class sponsorship but I really just need to know what my options are! And thankyou- you are saving a lot of hair loss by answering my questions!

and one more- how to I get the process started???

 

[Gdaymate]

Hi KB

You're welcome, now let's see if I can help a bit more!

Unfortunately work visas are hard to get - believe me, I know. Unless you qualify to immigrate under one of the other Classes (eg Skilled Worker, or Entrepreneur/Investor), or if you can find a company willing to sponsor you then your only other option is to immigrate under the Family Class.

For a Skilled Worker application you need the right qualifications and it's also a slow process, CIC quotes a minimum of 27 months. For Entrepreneur/Investor you'd obviously need $$$$ which from your comments I'd guess you don't have. Finding an approved company to sponsor you will also be difficult and very slow so it's probably not an option either.

So that leaves Family Class which means either as a spouse, common-law or conjugal partner. We've already eliminated common-law and conjugal is pretty tricky as it's basically for people that legally cannot marry but have combined all their affairs as if they were. Unfortunately not being in a financial position to get married is not an acceptable reason so you'd probably get rejected if that's the only thing stopping you.

On the bright side, Family Class is generally the fastest option and in particular the London office seems pretty quick, I'm estimating about 6 months and you'd be here with the right to work. So yes, I'm saying you'd need to get married before you moved over. This would also allow you to keep working in the UK while you wait so you might be able to afford to visit each other or at least save towards your new joint future! I'll let you think about it.

Being from the UK you should be able to stay in Canada for up to 6 months as a tourist. You can apply from within Canada to extend that visa but you must do so at least 30 days before your time is up and you must show you can support yourself while you are there as you won't be able to work. The other option is to go out and come back in for another 6 months but you can have problems at the border if you get an Immigration Officer in a bad mood. I can give you more details on that process too if you're interested.

To get the whole thing started go to the CIC website and read through the process and request the forms. Start here http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

Hope that helps, feel free to keep asking questions.

 

[NK]

If your 35 years old or under you can apply for a Working Holiday Visa.. It will give you upwards of a year in Canada with the ability to work also.. Then,, you can decide to marry or not and get the PR application started... My wife and I both spent a year in eachothers country this way..

http://www.canada.org.uk/visa-info/worker/e_stuwor_GB.htm

 

[Kittybeast]

thanks for the info guys- you've helped a lot. The 6 month visitor is not going to be an option now as I'll need to be able to work when I am there. With regards to the working holiday- I need to have a job offer before I go, yeah?

 

[NK]

No,, I dont think so..

The WH visa just gives you the option to work while your on a "holiday".. Inquire through the previous link I sent .. every country has different rules regarding WH visa elegibility in Canada..
Good luck

 

[Kittybeast]

another question- do we need to get married before i start the application process?

 

[Gdaymate]

Hi NK

I never thought of the Working Holiday Visa - guess I'm showing my age by not thinking of that one! LOL

I don't know much about the WHV so my question is:

If KB got married whilst on the WHV and then did an in-land application for PR is there any "implied status" on the WHV that would allow her to continue working until AIP/OWP were received? (Given for an in-land application that takes around 7 months)

Or are you thinking that they would have to get married after around 5 months in Canada so that AIP/OWP would (hopefully) be received about the same time as the WHV expired?

 

[Gdaymate]

Hi KB

The answer to your question is "no", you wouldn't have to get married first for the WHV but as you can see from my question above there may be a timing issue that you'd have to accommodate.

I'm waiting for NK's response on that one.

 

[tamee]

NK- i looked for the WHV for USA i cant find it, do you happen to know where it is?

 

[Kittybeast]

thanks guys- this is all sooooo helpful! with regards to the WHV- I can get it and when I get there I'm free to seek employment as I wish, have I got that right? Are there any restrictions as to location? I'm going to New Brunswick. Also, are these difficult to apply for, what is the average timescale, are the basic requirements any different from a temp work visa?

 

[Gdaymate]

For KittyBeast & Tamee

KB

For the WHV if you're under 35 and a UK citizen it's apparently given on a first-come-first-served basis and is very popular so I'd be ready to go when the applications for 2008 open in December (2007 is currently full with a waiting list). I can't see any restrictions as to your location so New Brunswick should be fine. The forms etc are all on the Bunac site in the link NK provided.

I'm not sure what you mean by a temporary work visa so I can't answer that question!

Tamee

Not sure which country you're coming from but the link NK provided above also gives the WHV for USA info (for UK citizens).

 

[NK]

Once your working holiday visa expires you cannont extend it,, or continue to work.. However if you have already applied for Permanent Residence,, (I am only speaking about Family Class sponsorship of a Spouse,, Im not aware of any other apps) You can either apply to extend your stay / change conditions ( ie WHV to Tourist Visa) or if the ball is rolling on your app then you are able to apply for an open work permit (I havent gotten that far with my app and Im outside of Canada,, so Im only going by what others have said)

Every country has different rules regarding the WHV in Canada.. generally,, you can travel / work anywhere I believe.. Check your countries rules to be sure.. and get your name on the list quick,, its a popular visa.. but usually very fast to process once your granted it.. I got my WHV for Japan in 7 days,, (3 years ago)

Tamee,, If you cant find the right link,, check consul / embassy websites,, or give them a call. Im not sure either,, sorry,

 

[Kittybeast]

ok, thanks NK. you've really put my mind at ease too! thanks guys, any more info anyone thinks might be of use would be greatly appreciated?