APPLYING FOR PERMANENT RESIDENCE WITHIN CANADA: SPOUSE (LIVE IN CAREGIVER)

[firsttimemom]

I hope that you can give me advice in my situation. PLEASE and THANK YOU..


I arrived here in CA last October 2012 and work as live in caregiver. My work permit will experire on September 2014. I got pregnant last May 2013 and will end my current work on December 2013.

My boyfriend and I are planning to get married this August 2013. He's a Canadian Citizen. He introduced me about APPLYING FOR PERMANENT RESIDENCE WITHIN CANADA: SPOUSE and I want to get know more about this, but its confusing!

He don't want me to work anymore as nanny after giving birth by next year 2014.

The questions are:

1. How is the process of this application if I'm under the live in caregiver program?

2. What if we apply for this and my permit will expire, what permit should I have in hand in order to stay here in Canada legally?

3. Which is more faster, applying under this application to get a PR or under the live in caregiver program?

4. Is it possible for me to apply for an open work permit if I apply under APPLYING FOR PERMANENT RESIDENCE WITHIN CANADA: SPOUSE while waiting for my PR? If yes, how? Can you give me some links to refer on?


These are my questions, I hope you could help me with this..

Thank you so much..

 

[marsiangal]

First of all applying for EI because of maternity or being laid off a job will not affect your PR application, it is a common misconception of most people. EI is not being under welfare but only using the insurance you have paid for while you are working. If your sponsor was under welfare for something other than disability then you will have a problem if he wants to sponsor you. Now if you will not be working anymore for a while by the time you give birth then you may not get the maternity EI cause Service Canada may not grant it to you. You will have to contact them about that and explain the situation.

You are allowed to stay in Canada for as long as your live in care giver work permit is valid.
I do not think you can apply for PR under the CARE giver program because it looks like you didn't get enough hours.

If you guys get married than now its a whole new ball game.
you should probably go to the CIC website to refer about this because they have a more detailed explanation on how your future spouse can help you stay here.

 

[Leon]

You can marry him and he can sponsor you as his spouse. You can read about it here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

It will most certainly be faster than applying under the live in caregiver program as well as if you stay in the live in caregiver program, you must be a live in caregiver and that means live at your employers residence and not with your husband.

If you complete your work in Dec. 2013, you will have worked for 14 months. This is not enough to apply for PR under the live-in caregiver program, see http://www.cic.gc.ca/english/work/caregiver/permanent_resident.asp#require You would need at least 22 months.

You have the right to stay in Canada as long as your work permit is valid even if you aren't working.

 

[firsttimemom]

First of all applying for EI because of maternity or being laid off a job will not affect your PR application, it is a common misconception of most people. EI is not being under welfare but only using the insurance you have paid for while you are working. If your sponsor was under welfare for something other than disability then you will have a problem if he wants to sponsor you. Now if you will not be working anymore for a while by the time you give birth then you may not get the maternity EI cause Service Canada may not grant it to you. You will have to contact them about that and explain the situation.

You are allowed to stay in Canada for as long as your live in care giver work permit is valid.
I do not think you can apply for PR under the CARE giver program because it looks like you didn't get enough hours.

If you guys get married than now its a whole new ball game.
you should probably go to the CIC website to refer about this because they have a more detailed explanation on how your future spouse can help you stay here.

My bf is a Canadian and working as a Machinist, so I hope and pray that he can sponsor me through this application. Thank you also for the advice. I'm checking and reviewing all the details in the CIC website to get more information.. The only question now is how much is the salary is required for him to sponsor a spouse.

 

[firsttimemom]

Thank you for your reply Leon. The only question now is how much is the salary is required for him to sponsor a spouse? And what if my work permit expires? What should I do then? Can I apply OWP if he's going to sponsor me? Thank you

 

[marsiangal]

My bf is a Canadian and working as a Machinist, so I hope and pray that he can sponsor me through this application. Thank you also for the advice. I'm checking and reviewing all the details in the CIC website to get more information.. The only question now is how much is the salary is required for him to sponsor a spouse.

There is no minimum necessary income to sponsor a spouse. As long as you provide the proof of any income the the application kit requires which is the option C printout of the previous tax assessment year. As well as letter of employment from The current job with the position and annual salary. But the most important one is the option C printout. You can call CRA and ask them to send you a copy that you will receive in the mail.

 

[Leon]

Thank you for your reply Leon. The only question now is how much is the salary is required for him to sponsor a spouse? And what if my work permit expires? What should I do then? Can I apply OWP if he's going to sponsor me? Thank you

Salary question was already answered.

If you apply for inland (you living in Canada) sponsorship, you should apply for an OWP along with your application package. Use a change of status form for temporary worker because there is no special application form. Write on it that you "request an open work permit upon first stage approval". If you do this, you are automatically under implied status even if your work permit expires during the processing and you will automatically get the OWP as soon as you get your first stage approval.

 

[firsttimemom]

Salary question was already answered.

If you apply for inland (you living in Canada) sponsorship, you should apply for an OWP along with your application package. Use a change of status form for temporary worker because there is no special application form. Write on it that you "request an open work permit upon first stage approval". If you do this, you are automatically under implied status even if your work permit expires during the processing and you will automatically get the OWP as soon as you get your first stage approval.

Can you send me the link of the application that I will include for OWP? That's the important thing I should include in our application, so that I can work in any kind of job.

 

[marsiangal]

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

 

[Leon]

It's also not the worst thing in the world for those who miss including the OWP application.

If that happens, you will just get your first stage approval first and then you can apply for the OWP but then it may take another couple of months to get it. As you will be busy with a baby, it will not really matter much in your case.

 

[firsttimemom]

It's also not the worst thing in the world for those who miss including the OWP application.

If that happens, you will just get your first stage approval first and then you can apply for the OWP but then it may take another couple of months to get it. As you will be busy with a baby, it will not really matter much in your case.

A.What should I check in the box in number 3 in the application of OWP?

1. a work permit with same employer
2. a work permit with new employer
3. restoration of temporary resident status as a worker
4. initial temporary resident permit or extension of temporary resident permit

B. By the time I will submit my application, I'm married already and my passport is not expired yet, should I still follow my name on my passport although I already change my surname?


thank you

 

[marsiangal]

A.What should I check in the box in number 3 in the application of OWP?

1. a work permit with same employer
2. a work permit with new employer
3. restoration of temporary resident status as a worker
4. initial temporary resident permit or extension of temporary resident permit

B. By the time I will submit my application, I'm married already and my passport is not expired yet, should I still follow my name on my passport although I already change my surname?

thank you

My answer to question A when I submitted mine is Number 2, make sure you put the option Open work permit, at the later part of the application. (It was asked.)

Answer to question B: The CIC will only follow what name is written in your passport.
This was also based on my experience, I changed my last name in the middle of our sponsorship application So I advised CIC, at this time I didn't get my updated passport yet, cause it takes a while to renew from my consulate. So I sent them all my change name documents, (marriage contract, Driver's license, SIn. health card etc). I still got my OWP in my maiden name and When I send them a copy of the new passport, That's when I realized that they were only waiting for me to send it to give me the DM. Cause I got my DM about a week later with the updated name.

hope that helps.

 

[palachinke]

Hi ,
I was reading your situation, and somehow we are bit the same case here. But my situation is like this, i received already the letter from CIC that they received my application for PR together with my OWP, last month, and now im just waiting for my OWP so me and my employer which is soon to be my husband can proceed to get married. My question is how long should i wait for OWP? and after that, how long should i wait before we get married and let CIC know that im married already . pls help thanks

 

[firsttimemom]

My answer to question A when I submitted mine is Number 2, make sure you put the option Open work permit, at the later part of the application. (It was asked.)

Answer to question B: The CIC will only follow what name is written in your passport.
This was also based on my experience, I changed my last name in the middle of our sponsorship application So I advised CIC, at this time I didn't get my updated passport yet, cause it takes a while to renew from my consulate. So I sent them all my change name documents, (marriage contract, Driver's license, SIn. health card etc). I still got my OWP in my maiden name and When I send them a copy of the new passport, That's when I realized that they were only waiting for me to send it to give me the DM. Cause I got my DM about a week later with the updated name.

hope that helps.

What if I get laid off from my work as nanny, is it still okay to apply under this application? Is there any disadvantages when I get laid off? Thank you

 

[marsiangal]

Yes you can still apply under the spousal sponsorship even if you got laid off. It's just that you can not work until the new open work permit comes. And if you are having a baby it probably won't matter anyways. If your R.O.E says laid off. You should look into getting EI either way. Because of being laid off or maternity. It will help you financially. Getting EI does not affect the application because it is not being user welfare. But just using up insurance (dot know how to explain that better)lol. Just wanted to get that out there because some people Confuse EI with welfare and end up stressing themselves out financially because of having no income. Bottom line EI is ok even with on going application as long as you show them you are looking for jobs when you are able.