boyfriend moving to montreal, what can i do?

[burntoinge]

Hi, I posted this in the Family-Sponsorship area, but they said I might have better luck asking my questions here.


My boyfriend of 4 years(US citizen)(but only living together for 4 months) is moving to Montreal with a Temporary Work Visa(2+ years I believe). I am wondering what my options are to move to Montreal and stay with him. I am a US citizen as well.

Should I try to visit for 6 months and then apply for an extension so we can reach the 12-month mark and be considered "common-law partners?" If so, should I be completely honest about the situation at the border about wanting to stay to obtain "common-law partnership" or should I try to convince them that I plan on returning after 6 months?

If I apply for a visitor extension, will they refuse it if I am not applying for PR at the time? Can I apply for an open work permit and be able to stay with him and find a job for a certain amount of time?

Or if I am visiting and find someone to help me obtain a work visa, do I have to go back to the USA when the application is submitted until it is processed?

I've scoured these forums looking for answers, but it seems I can't find a solid answer. Any help would be wonderful. I am going crazy over this.

 

[Leon]

You could try to visit for 6 months and then try to extend your status. Since it takes a couple of months to process the extension, you would have 4+6+2 so you would reach the 12 months even if they say no. If you want to be able to extend, you would ask for a visitor record when you enter Canada. Opinion varies whether you should be honest with immigration or not. If they believe that you are not planning on leaving again, they are not supposed to let you in. You can arrive saying that you want to visit your boyfriend, you want the visitor record to have an option to extend your visit status. You need to show that you can support yourself while you are in Canada. A letter from your boyfriend with a copy of his job contract stating that he will support you might help.

You can not apply for an open work permit based on his work permit until you either qualify as common law or if you get married.

If you find an employer who is willing to apply for your labour market opinion and help you get a work permit, you can stay in Canada while they issue the LMO and to get the work permit faster, you can go to the border and re-enter with your LMO to get your work permit right away.

 

[burntoinge]

Thank you Leon.

I am wondering though, would I not be able to apply for an open work permit after being considered "common-law" because he is here on a temporary visa? Someone in the other forum said that we could not take this route because he is not a PR or Canadian citizen.

 

[Leon]

Yes, that is exactly what I said in my previous answer, you can not apply for an open work permit until you either qualify as common law or get married.

There are a few instances where open work permits are granted.

One of them is when your spouse or common law partner has a work permit or a study permit so that is the one that applies to you, once you qualify as common law or get married.
Another is when a PR or citizen sponsors a spouse or a common-law partner for PR using an inland application where they will be able to get an open work permit at a certain stage in the process.
Yet another is for refugees at a certain stage in their process.
Yet another is for live-in caregivers who are applying for PR.

Some people may only know about one type of open work permit and not the other ones so that is why they might say to you that you do not qualify for an open work permit because you are not in their exact situation.

 

[burntoinge]

Great - thank you so much.


If you don't mind, I do have another question:

If I were to find an employer who is willing to help me obtain a work visa while I am "visiting," would I have to leave the USA to apply for the work visa and then if my work visa would be rejected, be out of luck and stuck back in the USA?

 

[job_seeker]

Great - thank you so much.


If you don't mind, I do have another question:

If I were to find an employer who is willing to help me obtain a work visa while I am "visiting," would I have to leave the USA to apply for the work visa and then if my work visa would be rejected, be out of luck and stuck back in the USA?

You can go to the closest border and obtain your WP from there once your prospective employer has gotten a LMO in your favor.

 

[angelbrat]

Firstly, to get your own work permit you need an Employer to get a positive Labour Market Opinion. They will issue you with a contract of work, LMO and you apply for your work visa at the border. Unless you are inadmissible to Canada ( police record, terrorist, concealing weapons of mass destruction, drug baron etc.) you will get a work visa.

Now, coming to Canada with your boyfriend living together for 4 months gives you no rights. You are not classed as common law,neither are you married. You will enter Canada as a visitor only, no work visa, no health care.

If you are serious about coming to Canada with your b/f and are committed, then get married.

If his job skill is classed as skilled, as his spouse, you will be issued an open work permit.


Not a lot of choice really, sorry.