American who wants to move to Canada to be with boyfriend!

[saraao]

Please help!
My boyfriend & I have been together about a year and a half...he's in the RCAF in Ontario and I live in Las Vegas. Between the 2 of us, we've been to visit each other 8 times, once I was there for 2 months straight.

From the beginning we've thought it would be better for me to move there rather than him moving here because he's more established in his career than I am. Our only problem is we don't know how to go about it. I've read a ton of things online and it all seems so impossible...and for the majority of the time it seems like the information I read is conflicting. But I know people move to other countries all the time, we just need the exact steps to be laid out.

From my understanding, we have 2 main options which are for me to get a work visa to be able to stay up there or for us to get married. We do eventually want to get married and start a family but we'd ideally like to live with each other first for longer than a couple months at a time. The thing is I have a sizable about of school loans to pay off each month, lol so I NEED to work. (Also, this is the reason why I wouldn't apply for a student visa. My $80,000 education is already enough lol)

I've looked into getting a work visa, even applied for a job and got a written job offer. The employer applied for an LMIA in November and they haven't heard anything back since then (now May).

From my understanding if we get married I can apply for an open work visa, get it before I have a job offer and skip the LMIA process.

Has anyone been in this situation or a similar one?

Are there any other options available to us than the ones above? If so, what are the steps to get it done??

If those are our only options, what exactly do we need to do?


We appreciate any advice you have to give, thank you!!!

 

[Skanda]

Come to Canada and get married and apply Inland PR with Open work permit application. You will get open work permit in 2 months.

 

[Amalthea]

Come to Canada and get married and apply Inland PR with Open work permit application. You will get open work permit in 2 months.

Bad advice. This is blatantly false. People that have applied with new PR apps in January are STILL waiting for OWP. Only a very small number of NEW applicants have received Open Work permits. MOST are still waiting.

ALSO Inland has a 27 month wait!

Outland for American applicants is taking 8-10 months, they sometimes get down to 4-6.. from start to finish (US apps are processed at Ottawa)

 

[BeShoo]

Read the first message in this thread: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html That answers a lot of the frequent questions.

You can't move to Canada until you are a permanent resident. You can be sponsored by a spouse (or common-law partner) but you have to be in a qualifying committed, permanent relationship before you can apply. You can't be sponsored by a boyfriend. If you are only dating, you can't qualify for a spousal sponsorship.

If you are able to get a work visa, that would be great. I you could move in with your boyfriend for 12 months straight on a work visa (you'd still be a temporary resident), you could qualify under the common-law category. After that, you could apply for permanent residence.

My partner was able to get a "forbearance" on his student loan payments while he visited me in Canada for several years. Since he wasn't allowed to work, they let him stop making loan payments for now, but he also hasn't had any income. You can usually visit Canada for up to 6 months, but you can apply to extend your visit beyond that.

 

[Amalthea]

The thing is, Canada does not open immigration to boyfriends/girlfriends or fiancees.. They have stated that their programs are for spouses or common law applicants - people who are in a marriage like commitment.

You will need to apply when you are married or common law (have lived together consecutively for 12 months) and can prove that you're in a marriage like relationship/level of commitment with joint accounts, assets, and all the works.

Outland is really suggested for US applicants as you save your right to an appeal, you have the freedom to travel, and it's processed in 1/3rd the time.

You can keep trying for a work visa, become common law, and apply Outland from within Canada. Or you can get married, apply Outland, and continue working in the States. I did the latter, but I got tired of being apart so I quit my job and came up to Canada and have been waiting out the rest of the Outland process up here as a visitor. Lots of US applicants regularly do this.

There is an Ottawa thread, and a US Outland thread, full of great information. I'm a little sleepy so I'm going to leave it at that for now, I know it's a huge process and a lot to take in. Other members will chime in with advice too, I'm sure! These forums are very helpful. I wish you all the best!

 

[Skanda]

Bad advice. This is blatantly false. People that have applied with new PR apps in January are STILL waiting for OWP. Only a very small number of NEW applicants have received Open Work permits. MOST are still waiting.

ALSO Inland has a 27 month wait!

Outland for American applicants is taking 8-10 months, they sometimes get down to 4-6.. from start to finish (US apps are processed at Ottawa)

few have got it in 2 months, thats why I am saying

 

[saraao]

Bad advice. This is blatantly false. People that have applied with new PR apps in January are STILL waiting for OWP. Only a very small number of NEW applicants have received Open Work permits. MOST are still waiting.

ALSO Inland has a 27 month wait!

Outland for American applicants is taking 8-10 months, they sometimes get down to 4-6.. from start to finish (US apps are processed at Ottawa)

Thanks! I do know that it's an insane amount of time if you apply from within Canada.

 

[Amalthea]

Thanks! I do know that it's an insane amount of time if you apply from within Canada.

Yes, but remember that you can actually apply Outland from within Canada, as most of us have

Most people receiving OWPS quickly are people in the backlog, people who applied for Spousal PR Inland in 2013 or 2014, and only a very small number of them... Tons of people from 2013 and 2014 are still waiting for OWPs, and of course all the NEW post 1/1/2015 applicants, as witnessed on CIC's twitter/facebook personal relations nightmare, today. CIC claimed on their status update that people were getting OWPs in 4 months and naturally, all of the comments were people lamenting that they are still waiting for OWPs with no end in sight.

 

[Skanda]

See this thread Inland 2015...applicant RenW

 

[saraao]

If you are able to get a work visa, that would be great. I you could move in with your boyfriend for 12 months straight on a work visa (you'd still be a temporary resident), you could qualify under the common-law category. After that, you could apply for permanent residence.

My partner was able to get a "forbearance" on his student loan payments while he visited me in Canada for several years. Since he wasn't allowed to work, they let him stop making loan payments for now, but he also hasn't had any income. You can usually visit Canada for up to 6 months, but you can apply to extend your visit beyond that.

Thanks so much for your response!

that's exactly what I was trying to do with the work visa! The thing that concerns me is he lives in a super small town with not a lot of work options, especially full time positions which you need to qualify for a visa, especially for someone who is not even from Canada, and therefore has to wait however many months until they can start work. I seriously don't know how anyone foreign can get hired lol. It's awesome that the Canadian govt takes care of their citizens like that but come on lol.

Like I said though, I did get a written offer back in November but I don't think I'm able to track the status of the LMIA. Since I'm a worrier, say this LMIA doesn't go through and if I can't find another job, do we have another option besides marriage?

And that's awesome that your boyfriend had forbearance! Did he tell the loan company he was going to be out of the country? Or just that he was unable to work?

 

[Amalthea]

See this thread Inland 2015...applicant RenW

Like I said, only a very few number of applicants are receiving OWPs in 4 months or less.

https://scontent-sea.xx.fbcdn.net/hphotos-xpf1/t31.0-8/10928928_542378505361_945700296226548181_o.jpg

For every 1 person who gets an OWP in 4 months or less, 25-30 people are still waiting. That's 5 and a half months and counting. It's only rational, considering the ridiculous amount of backlog CIC has for Inland apps. From what I've noticed from Facebook Inland Groups, Twitter, and this Forum.. most people are certainly NOT getting OWPs in less than 4 months, by far. Most people are still waiting. Why wait 6 months or more for an OWP when she could have PR by then?

I'd say the chance of her getting an OWP in 2 months is about the same as her getting Outland PR in 2 months at Mississauga.. Actually even lower, from the spreadsheets. Lots of Outland applicants were randomly held at Mississauga VO and approved from start to finish in 2 months flat. About 1/5th of my group or more. The very fast OWP approvals are just as random, but a lot rarer.
Not really worth gambling over, IMO.

OWP is just a bandaid to a 27 month wound. Why wait 6 months or more for OWP when you could be done with an entire Outland application by then.

 

[Amalthea]

Thanks so much for your response!

that's exactly what I was trying to do with the work visa! The thing that concerns me is he lives in a super small town with not a lot of work options, especially full time positions which you need to qualify for a visa, especially for someone who is not even from Canada, and therefore has to wait however many months until they can start work. I seriously don't know how anyone foreign can get hired lol. It's awesome that the Canadian govt takes care of their citizens like that but come on lol.

Like I said though, I did get a written offer back in November but I don't think I'm able to track the status of the LMIA. Since I'm a worrier, say this LMIA doesn't go through and if I can't find another job, do we have another option besides marriage?

And that's awesome that your boyfriend had forbearance! Did he tell the loan company he was going to be out of the country? Or just that he was unable to work?

FAFSA/Financial Aid Student Loans have an income based repayment plan. I switched over to that on the phone and my minimum payments have been $7 a month for years ;D I had a very small loan though, one semester haha. They also have a forbearance you can ask to defer payments for a temporary amount of time, at least last I checked.

If you took out private loans, it might be a different story.

As for your other question, there isn't a way to immigrate to Canada except through marriage or common law, unless you qualify for Conjugal which is only for people who cannot get married or live together as common law due to external reasons (same gender, visitor visas denied, government interference - not just choosing not to get married or be together).

You can go up to Canada as a visitor, you are granted 6 months when you cross over if they don't stamp your passport, but you need to show strong ties to the US and only say you are "visiting". You can apply for an extension, these are regularly granted if you have an application in process or if you are going to apply. You could establish common law this way, but you wouldn't be able to work unless you qualified for Express Entry or a work visa on your own.

Or, as you said, you could get married and then apply, and either wait it out while working in the states or come up to Canada and wait it out on a visitor visa until PR is granted and you can begin looking for work.

You can also work online/remotely, if you have clients in the States!

 

[saraao]

The thing is, Canada does not open immigration to boyfriends/girlfriends or fiancees.. They have stated that their programs are for spouses or common law applicants - people who are in a marriage like commitment.

You will need to apply when you are married or common law (have lived together consecutively for 12 months) and can prove that you're in a marriage like relationship/level of commitment with joint accounts, assets, and all the works.

Outland is really suggested for US applicants as you save your right to an appeal, you have the freedom to travel, and it's processed in 1/3rd the time.

You can keep trying for a work visa, become common law, and apply Outland from within Canada. Or you can get married, apply Outland, and continue working in the States. I did the latter, but I got tired of being apart so I quit my job and came up to Canada and have been waiting out the rest of the Outland process up here as a visitor. Lots of US applicants regularly do this.

There is an Ottawa thread, and a US Outland thread, full of great information. I'm a little sleepy so I'm going to leave it at that for now, I know it's a huge process and a lot to take in. Other members will chime in with advice too, I'm sure! These forums are very helpful. I wish you all the best!

Oh I know I can't get a sponsorship for just being a girlfriend or fiancé, I wouldn't expect that anyway! I was just wondering if marriage or work visa are our only 2 options to be together since Im not going back to school.

Wow 1/3rd of the time for Outland vs inland...why would anyone ever apply inland haha.

How long have you been waiting so far for your application to process? I know it's so hard being away from the one you love. I'm sure you got this a lot too...if one more person tells me to 'just move there' or 'just get married' I'm going to lose my mind haha.

I've scanned a bit through other threads but I'm just on my phone for now so it's hard but I definitely will when I get to a computer. Thanks so much for the response & good luck to you too!!

 

[Amalthea]

Oh I know I can't get a sponsorship for just being a girlfriend or fiancé, I wouldn't expect that anyway! I was just wondering if marriage or work visa are our only 2 options to be together since Im not going back to school.

Wow 1/3rd of the time for Outland vs inland...why would anyone ever apply inland haha.

How long have you been waiting so far for your application to process? I know it's so hard being away from the one you love. I'm sure you got this a lot too...if one more person tells me to 'just move there' or 'just get married' I'm going to lose my mind haha.

I've scanned a bit through other threads but I'm just on my phone for now so it's hard but I definitely will when I get to a computer. Thanks so much for the response & good luck to you too!!

8 months I have been waiting earlier in the year people were being approved in 4-6. Some in 2.

After about 4-5 months I got sick of being away from my husband and came up to Canada with my dog I can't work, but we're getting by. It's just so worth being together!


I think most people who apply Inland do it because they thought it was their only option to be together. Some apply Inland because they are out of status (expired visitor visa etc). It's tough to say, because some Visa offices have really long wait times. Most people don't seem to know that you can apply Outland from within Canada until they have already applied. A lot withdraw and re-apply Outland. Different Visa Offices have different wait times, but Ottawa processes US apps and varies from 4-6 to 6-9 throughout the year. The longest I've seen is 10 months, unless they request missing documents or things, that can add a few months, this is what happened with BeShoo's common law application so theirs took closer to 13 or 14 I think. The average from Ottawa is 4-10 months.

There are tons of great senior posters on the forums, they are better than lawyers, and the more you know about the process, the better you can make decisions as what will be best for you and your partner and your lives! Welcome and I wish you all the best.


Also AHAHAAAA yes! by the time I left the States I was ready to slap the next person who said "But you're married! can't you just move there?"

 

[BeShoo]

And that's awesome that your boyfriend had forbearance! Did he tell the loan company he was going to be out of the country? Or just that he was unable to work?

I really have to get to bed, but I'll reply quickly to this point. He was out of work in the States and got a forbearance there. He's been in Canada as a visitor for 5 years now and extended the forbearance several times, telling them he couldn't work because he was out of the country and didn't have a work permit here. It was tricky at one point when they couldn't figure out how to put a Canadian address in their computers.

As for the story behind the 5-year visit, that's a long story.