Canadian Daughter

[Alex_arrr]

Hi,

Could i get some advise on the best route for our situation?

I'm British (34 years old), girlfriend is Canadian, we have a daughter who is now 5 months old.

We have known each other for 5 years, but never lived together.

I am moving to Canada as soon as my house is sold in the UK, I am not a skilled worker and don't qualify through express entry.

I am planning on going on a normal 6 month visitor visa, and then attempt to get a work permit via a job offer once we are settled.

Do we have other options? Will i have any issues entering Canada without a return flight booked?

Thanks for reading, advice appreciated,

Cheers,

Alex

 

[Rob_TO]

I am moving to Canada as soon as my house is sold in the UK,

You can't "move" to Canada until you have become a PR. Until then, you can just visit. That means if CBSA learns you've sold your home and have no connections back to the UK, and no return ticket, you could face problems entering Canada. 6 month status is not automatic, it's at discretion of the CBSA officer you encounter.

I am planning on going on a normal 6 month visitor visa, and then attempt to get a work permit via a job offer once we are settled.

Getting a work permit via LMIA process and job offer, will be next to impossible if you don't have some specific skills in demand. Employers have to go through a lot of time, cost and effort to secure an LMIA for someone so won't even consider it in most cases.

Of course you can't be sponsored for PR until you're married or common-law (so after living together 1 year).

 

[viva-c]

Your best option is to either get married so that you can apply for sponsorship right away, or wait until you have lived together for 1 year and apply for sponsorship via common law. Getting legal status via a job offer is next to impossible.

 

[Alex_arrr]

I would still have ties to the UK, just wouldn't own my own house.

So in your opinion the best bet is to travel on a visitor visa, and then apply for PR?

Thanks for taking the time

 

[Ponga]

As viva-c mentioned, your `fastest' option would be to get married and then apply for Spousal Sponsorship. If you then submit an Inland application, once you arrive in Canada, you can include an Open Work Permit request with your sponsorship application package. It's been taking ~ 4 months to receive the OWP, but CIC (Citizenship and Immigration Canada) has made some major changes to the application process, so times may differ now. The total cost for everything used to be $1295 (CAD), but again, things may have changed.

Since you are admittedly not a skilled worker, it will be nearly impossible for you to find an employer in Canada that would be willing to incur the expense (and hassle) to go through the LMIA process to be able to hire you...unfortunately.

Good luck!

 

[Alex_arrr]

Your best option is to either get married so that you can apply for sponsorship right away, or wait until you have lived together for 1 year and apply for sponsorship via common law. Getting legal status via a job offer is next to impossible.

Thanks Viva.

Would i be able to work while a spousal application was being processed?

I'm in middle management sales, educated to degree level - i was hoping i may be able to swing a job offer once out there but that sounds unlikely to you? My company does have offices in Alberta but i heard ICT's were reserved for more senior positions...

Cheers

 

[scylla]

Thanks Viva.

Would i be able to work while a spousal application was being processed?

I'm in middle management sales, educated to degree level - i was hoping i may be able to swing a job offer once out there but that sounds unlikely to you? My company does have offices in Alberta but i heard ICT's were reserved for more senior positions...

Cheers

If you apply inland and include an open work permit, you would be able to work approximately four months after the application is submitted.

Yes - ICTs are reserved for senior positions or extremely specialized knowledge. And finding employers willing to go through the LMIA process tends to be very difficult unfortunately.

 

[Alex_arrr]

As viva-c mentioned, your `fastest' option would be to get married and then apply for Spousal Sponsorship. If you then submit an Inland application, once you arrive in Canada, you can include an Open Work Permit request with your sponsorship application package. It's been taking ~ 4 months to receive the OWP, but CIC (Citizenship and Immigration Canada) has made some major changes to the application process, so times may differ now. The total cost for everything used to be $1295 (CAD), but again, things may have changed.

Since you are admittedly not a skilled worker, it will be nearly impossible for you to find an employer in Canada that would be willing to incur the expense (and hassle) to go through the LMIA process to be able to hire you...unfortunately.

Good luck!

Thanks Ponga that's really helpful.

If we were to go the common law route, could i get you opinion on a couple things...?

Will i be okay entering Canada and explaining the situation with my gf and daughter, and that my intention is to stay for a year, and have no return flight booked? Or would it be better to book a return flight and not mention staying longer than the 6?

Am i likely to have any problems extending my stay once in Canada?

Thanks a lot

 

[screech339]

Thanks Ponga that's really helpful.

If we were to go the common law route, could i get you opinion on a couple things...?

Will i be okay entering Canada and explaining the situation with my gf and daughter, and that my intention is to stay for a year, and have no return flight booked? Or would it be better to book a return flight and not mention staying longer than the 6?

Am i likely to have any problems extending my stay once in Canada?

Thanks a lot

You can't ask for a 12 month stay when you enter Canada. The most you can stay is 6 month. Once you are inside Canada, only then can you apply for an extension of your stay beyond 6 month limit. You can then explain in your extension that you want to achieve "common law" status with your gf so your gf can sponsor you for PR.

If by any chance you were denied an extension, your only option is to get married. However CIC could view your action as marriage of convenience for immigration purposes since you got married after being denied extension. Just be careful of what you doing and be aware of how your actions can be viewed from CIC's point of view.

 

[Hurlabrick]

Strongly suggest you do a bit of reading on the subject. This is a good start here:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada

 

[Rob_TO]

Thanks Ponga that's really helpful.

If we were to go the common law route, could i get you opinion on a couple things...?

Will i be okay entering Canada and explaining the situation with my gf and daughter, and that my intention is to stay for a year, and have no return flight booked? Or would it be better to book a return flight and not mention staying longer than the 6?

Am i likely to have any problems extending my stay once in Canada?

Thanks a lot

Have a return or onward flight booked, for a date just under 6 months later. In most cases they don't even ask, but just in case they do it's good to have.

If you get a separate fully-refundable flight booked, you can just cancel it as soon as you're successfully in Canada.

 

[Bs65]

Have a return or onward flight booked, for a date just under 6 months later. In most cases they don't even ask, but just in case they do it's good to have.

If you get a separate fully-refundable flight booked, you can just cancel it as soon as you're successfully in Canada.

The OP should be aware that the checkin at the UK airport may not allow them to travel on a one way ticket as a visitor without any right to stay in Canada for an extended period so probably wise to buy a return even if a no show for the return portion. Of course even better if flexible ticket but unless full fare always a fee to change even with Air Transit or Westjet.

 

[Rob_TO]

The OP should be aware that the checkin at the UK airport may not allow them to travel on a one way ticket as a visitor without any right to stay in Canada for an extended period so probably wise to buy a return even if a no show for the return portion. Of course even better if flexible ticket but unless full fare always a fee to change even with Air Transit or Westjet.

In these cases, the airline should only care about seeing an onward ticket from Canada, not necessary a return ticket with the same airline.

So even purchasing the cheapest possible short-haul flight from Canada to USA, should be enough.

 

[Alex_arrr]

Thanks for all the replies everybody, what a great help you guys are, truly appreciated.