Canadian citizen marrying a foreign worker

[immigration_sos]

Hello,

My boyfriend and I have been together for 4 years. I am a Canadian citizen and he is a Malaysian citizen.

We are in a situation where he doesn’t have enough time to extend his current work permit. He has been working with the same company for about 5 years, however, his work permit has just ended (Nov 30th). He has a 90-day grace period to extend his work permit.
Last year, his LMO was approved. However, the paperwork is now expired. We know that to re-submit LMO, it will take another 3-4 months, which is not enough time to apply for his work permit.

He just submitted his PR application under CEC earlier this month. This means that he is unable to apply for the bridging work permit because in order to apply, his work permit needs to be valid at least for another 4 months.

We are hoping to move to Malaysia for good in June 2014. Right now, we are seeking ways to ensure that he can stay and work here legally until then. One way is to get married asap so he can apply an open work permit. Is this feasible?

Any information is appreciated.

 

[Ontariobat]

I am by no means fully-versed in a lot of this, but I am positive that you getting married to him would not allow him to get an open work permit. That is just not how it works here.

I am a US citizen married to a Canadian. I am on an open work permit but that is only due to having graduated from school here in Canada and has nothing to do with me being married to her. If he is accepted for PR then he would be allowed an open work permit.

 

[scylla]

I am by no means fully-versed in a lot of this, but I am positive that you getting married to him would not allow him to get an open work permit. That is just not how it works here.

You're absolutely correct.

 

[immigration_sos]

We had plan to go back earlier this year and were planning to move back to Malaysia earlier this year. There was an unforseen family situation that forced us to delay our moving to June 2014. Therefore, applying for a PR last minute was unplanned. Although, he was eligible from a couple years ago for CEC, but we were sure that we were going to move for good.

He, too, graduated from a post-secondary institution in Canada, and has been working with the same company. With their help, he was able to extend his work permit by doing LMO.

Is there any other way that would buy him more time to stay here legally until June 2014?

 

[canadavisa13]

Hi immigration_sos,


if he can't restore his status as a worker within the 90 days period then he should opt for restoring his status as a visitor but he will not be allowed to work.
to buy more time i will suggest he applies for restoration of status as a visitor using paper application as it will take at least 90 days to hear from CPC-VEGREVILLE in alberta,do not use online application as it is faster and won't buy you more time.
he must show enough funds to support himself during his stay in canada.
please note that restoration fees are $200 plus $75 visitor record fees.
if he find an lmo and apply for work permit then it will be $200+$150.

good luck

 

[veronica79]

Hello,

My boyfriend and I have been together for 4 years. I am a Canadian citizen and he is a Malaysian citizen.

We are in a situation where he doesn't have enough time to extend his current work permit. He has been working with the same company for about 5 years, however, his work permit has just ended (Nov 30th). He has a 90-day grace period to extend his work permit.
Last year, his LMO was approved. However, the paperwork is now expired. We know that to re-submit LMO, it will take another 3-4 months, which is not enough time to apply for his work permit.

He just submitted his PR application under CEC earlier this month. This means that he is unable to apply for the bridging work permit because in order to apply, his work permit needs to be valid at least for another 4 months.

We are hoping to move to Malaysia for good in June 2014. Right now, we are seeking ways to ensure that he can stay and work here legally until then. One way is to get married asap so he can apply an open work permit. Is this feasible?

Any information is appreciated.

I have the same situation, I got denied of the LMO and work permit, and my 90-day grace period is coming to an end, so my employer applied me for restoration through visitor's visa so I can be of legal status while waiting for the new LMO. Or better yet, call CIC and ask for advice coz that's what I did.

 

[veronica79]

Hi immigration_sos,


if he can't restore his status as a worker within the 90 days period then he should opt for restoring his status as a visitor but he will not be allowed to work.
to buy more time i will suggest he applies for restoration of status as a visitor using paper application as it will take at least 90 days to hear from CPC-VEGREVILLE in alberta,do not use online application as it is faster and won't buy you more time.
he must show enough funds to support himself during his stay in canada.
please note that restoration fees are $200 plus $75 visitor record fees.
if he find an lmo and apply for work permit then it will be $200+$150.

good luck

that's right..