Advice Needed - Japaneese Girlfriend

[m.a.b]

First let me explain the situation. My girlfriend came to Canada from Japan on June 1st 2012 with a 1 year working holiday visa. On June 1st 2013 she was approved for a 6 month visitor visa. Her employer recently applied for a LMO but was rejected. We have been living together since July 1st 2013.

This leaves me with 3 questions I hope some of you can answer:

1) What options does she have to stay in Canada beyond Dec 1st 2013?
2) Is she able to return to Japan temporarily (1 to 2 weeks) while on the visitor visa?
3) Will she be able to live in Canada indefinitely once we been living together for more than 1 year?

Any feedback or advice would be greatly appreciated.

Cheers,
Matt

 

[marsiangal]

1.Apply for another extension of Visitor permit, Find another employer that has existing approved LMO, (And don't be picky about it, if she really wants to stay. ie. fastfood restaurant jobs.) and apply for a new work permit.
2.Yes she can. She probably just has the visitor permit right now. (Paper.) She needs to actually get a VISA (travel document.) Stamped in her passport. Unfortunately because of the strike there might be delays on that.
3.No, If you have lived together for 12 months, you can be considered to be in a common law relationship, but that does not give her the right to stay in Canada legally. She still needs to maintain her status valid. You can sponsor her at this point tho as her common law partner.

 

[m.a.b]

Thanks for the response Marsiangal.

1) Are there big hoops to jump through to get an extension on the visitor permit or is that relatively strait forward? Would this permit be another 6 months? is there some online resource that lists employers with approved LMOs?

2) You are correct, she only has the visitor permit paper, nothing stamped into the passport. Would CIC be the organization to stamp the passport confirming the visitor visa status?

3) If I sponcer her as a common law partner, what advantage is that if she still needs a valid visa?

Again, big thanks for the help.

 

[marsiangal]

1. It's pretty straight forward, like when she applied for the extension now she will just have to do that again.
No there is now particular website that has employers with LMOs. Try kijiji. And the Canadian job bank. Cause all LMO applications require the employer to post the position in the job bank. I had a lucky experience of going into a restaurant and applying and they were willing to get me an LMO and so they did. It's just a matter of hard work and patience looking for one. So better get on it.

2.You can apply for this online or paper application. Yes to the CIC. Go to their website and look for TRV application in Canada. Although I am not sure if this is only for workers and students. You will have to check on that.

3. If by the time you are ready to sponsor her, she is here as a worker/student. You will be able to get her an open work permit. So she can work for any employer. Then when the process is done, she will e a permanent resident of canada. So she can stay as long as she want.
I suggest you go on the cic website and read more about this stuff on their website first and educate yourself on the matter. Look for spousal sponsorship. Located in the family class sponsorship area. It will be easier for you to learn the basics there then ask here if you have me questions.

Goodluck!