Bringing American girlfriend into Canada

[e30m3]

Hello, I've been researching on ways to get my American girlfriend into Canada but everything is a bit confusing to me so I've come here for some guidance.

We've been dating for almost two years while she has been working in the USA and I've been going to College in Canada. I'm a Canadian citizen born in Canada. She's an American citizen born in the USA. She's not too far away so we see each other weekly for usually 1-3 days at a time. She is a nurse.

She would like to move to Canada and start working while I complete my degree. Once I'm done we are planning to get married.

What is a good avenue to allow her to live and work in Canada? She would also like to still be able to travel to Canada while the paperwork is being processed. Not to live here but just visit me as she'll be keeping her American job until the paperwork is cleared and she has the go ahead to move here.

I'm thinking the sponsorship route is the best way to go but would it be considered common law if we've been together for almost 2 years seeing each other weekly but not living together? She is also in the process of getting her US Native status card if that helps.

Another route I was thinking was getting her to apply for a student visa then living together in Canada during that time period. She needs to do some schooling upgrades up here because her american college is not recognized up here.

 

[kiwi01]

From my understanding to be common law you have to been living with each other for 12 months with no long breaks apart. I don't think what you're describing would be considered a common law relationship.

 

[Ponga]

You need to live together (uninterrupted) for 1 full year before you qualify as a Common-Law couple for sponsorship.

Regarding her U.S. Native card...it won't do anything because apparently Canada did not sign the Jay Treaty (back in 1794, I believe).

There's a big difference between Canada and The U.S. when it comes to those that are registered to a tribe and have a status card. A Canadian band member can get IMMEDIATE PR status and the ability to work when they arrive at a land border, seeking entry into The U.S.

The American doesn't have the same rights, when seeking entry into Canada.
---

Under the U.S.Immigration and Nationality Act, Canadian Indians who can demonstrate that they have “50% or more Indian blood,” by presentation of their band registration card, are entitled to permanent resident status in the United States. As a result, Canadian Indians who arrive at U.S. ports of entry and state that they intend to work in the United States are instructed by United States Customs and Border Protection officials to apply for permanent resident status on the spot.The applicants are immediately issued temporary residency cards and are entitled to work in the United States without work permits.

Under Canadian immigration law, however, North American Indians are only accorded the right to enter Canada if they are registered on the Canadian Band Lists. An American Indian can only obtain registered band status if they can establish that their mother or father was a member of a Canadian band. Therefore, American Indians coming to Canada to work or study require work or
study permits.
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http://www.canadavisa.com/canada-immigration-discussion-board/native-american-indians-t249441.0.html


Don't get me started on this topic!

 

[Panamai]

Is she a licensed practical nurse by chance? I was an LPN in the US for 12 years and Ontario refuses to recognize my credentials and is making me start from the beginning in university. It's awful. In the meantime, I have no experience in anything else, so I have no idea who will hire me and in what sort of job. Additionally, I have a CDIB card with membership in the Choctaw tribe, but Canada doesn't recognize it at all. I don't have anywhere near 50% native blood, but it's still irritating. The only way for you two to make this work is for one of you to 'visit' the other for a year or by getting married. There is a possibility she could get a student visa, but it won't allow her to work and her chances of getting into a nursing program as a foreigner are super slim as they prioritize Canadian residents and the programs are highly competitive. Also, US loans and grants will not pay for nursing programs in Canada and international tuition is astronomical. How will you pay for it if you are both in school?

 

[e30m3]

Is she a licensed practical nurse by chance? I was an LPN in the US for 12 years and Ontario refuses to recognize my credentials and is making me start from the beginning in university. It's awful. In the meantime, I have no experience in anything else, so I have no idea who will hire me and in what sort of job. Additionally, I have a CDIB card with membership in the Choctaw tribe, but Canada doesn't recognize it at all. I don't have anywhere near 50% native blood, but it's still irritating. The only way for you two to make this work is for one of you to 'visit' the other for a year or by getting married. There is a possibility she could get a student visa, but it won't allow her to work and her chances of getting into a nursing program as a foreigner are super slim as they prioritize Canadian residents and the programs are highly competitive. Also, US loans and grants will not pay for nursing programs in Canada and international tuition is astronomical. How will you pay for it if you are both in school?

Yes she is. They won't recognize her credentials here either. She would have to get a receptionist job or something along those lines in the meantime. She's in the process of getting a card for the Cherokee tribe. I have no idea if that can be recognized up here? I run my own business while in school so money isn't really an issue.

 

[Ponga]

Again, her enrollment in the Cherokee Nation (or Eastern Band of Cherokees) will not help her at all.

 

[elokuu]

There is a possibility she could get a student visa, but it won't allow her to work

This is actually incorrect - she would be allowed to work 20 hours per week during semesters and 40 hours per week during scheduled breaks while studying in Canada on a study permit.

 

[e30m3]

What if she applied for a work visa and worked another job (receptionist) or something along those lines and we lived together during the time frame required to become common law. Then apply for a common law sponsorship?

 

[kiwi01]

Would be pretty hard to get a work visa as an American working a receptionist job.

 

[e30m3]

What are some of the jobs we should be looking into then that can be somewhat related to what she's doing now? And does she apply for a Visa first then look for a job or try and get a company to sponsor her here first then apply for a working visa?

 

[Panamai]

This is actually incorrect - she would be allowed to work 20 hours per week during semesters and 40 hours per week during scheduled breaks while studying in Canada on a study permit.

I guess what I meant was you couldn't get a student visa just to come here and work full-time. A student visa requires you to be accepted to a program first and as I said before, nursing programs would be next to impossible for a non-Canadian to get into. And it's also true, you will never get a work permit to work for a receptionist position. I'm not even sure I can get hired as a receptionist with a PR. They want a diploma/degree for many of these jobs. Barring any other degrees or experience, when she comes to Canada as an LPN, it will basically be like she just finished high school. I really wish I had done my BSN before coming here. Even an associate degree may have allowed me to sit for the RPN exam.

 

[Panamai]

If there are jobs for an LPN who can't get licensed, I'd love to know!

 

[scylla]

What if she applied for a work visa and worked another job (receptionist) or something along those lines and we lived together during the time frame required to become common law. Then apply for a common law sponsorship?

It will probably be next to impossible to find an employer and obtain a work permit as a receptionist.

She cannot apply for a work permit in advance. She first has to find an employer willing to offer her a full time job. That employer must then obtain an approved LMIA. This is a long and expensive process that can take over five months to complete. To start with, the employer must advertise the job for at least a month to prove no Canadian could be found for the role (this will cost the employer several hundred dollars minimum). The employer must then submit the LMIA application for processing along with a $1,000 fee. Processing can take more than four months. If the LMIA is approved, she can then apply for a work permit. LMIAs are refused when it's reasonable to assume that a Canadian could have been found for the job.

 

[e30m3]

What if I had a friend who owned a business in the medical field and would offer her a job. Would he still have to wait the 1 month advertising period?

The only way I could see this working is if I moved down there for a year and we lived together but I have to finish my school program up here first. That just opens up a whole new can of worms as I don't want to live down south.

 

[Aquakitty]

What if I had a friend who owned a business in the medical field and would offer her a job. Would he still have to wait the 1 month advertising period?

The only way I could see this working is if I moved down there for a year and we lived together but I have to finish my school program up here first. That just opens up a whole new can of worms as I don't want to live down south.

How old is she? My husband (then BF) and I got around this by using the SWAP program which I think gives you a 1 year open work permit now. You have to be in school in the last year and under 30 or 35, can't remember. But, it's pretty easy to register for a community college down there just for SWAP purposes. She could do 3 courses online at a US community college while in Canada if you want to be perfectly legit about it.