Changing Status While In Canada?

[Dasein]

Hello,

I'll try to explain my situation as quickly as possible. I came to Canada to study for a year as part of an exchange program. I met my fiancée, and we started living together. I had to leave once my last term was over. I returned to Canada in May, as a visitor (I'm an American citizen so I believe I am given a 90 day period). I was offered employment by a company but they have yet to apply for the Labour Market Opinion. My fiancée would like me to extend my stay but I do not know what extend it in my situation, as I am still in Canada. I know I can apply personally for a work permit at the border, when the company applies for the LMO (the place had no idea what an LMO is, so I'm not even sure if they will follow though).

Could my fiancée sponsor me as a common law partner? and if so how long of a wait are we looking at after the application has been submitted? I've seen anything from 30 days to 5 months.

Would it be preferable to seek employment somewhere else, and get my LMO processed, and then stay as a worker?

Thank you for your help,
Dasein

 

[ThirstyDeer]

First off, if you are an American citizen who has crossed the border, you are allowed to stay for 6 months without the need of any visa or permit - not 90 days (3 months). In terms of your fiance sponsoring you, a requirement of applying under the common-law category requires that you two have lived together for at least 1 whole year. Doesn't sound like you can do that at the moment.

Sounds like it might be best for you two to get married while you are still in Canada, then you can apply as a spouse inland, which automatically extends your visitor status in Canada till a decision is made on your application. At the same time you apply, you can apply for a work permit, which you should get in about 6 months or so.

I don't really know anything about applying under the worker class, so you might want to try threads aimed at that category to weigh which category would work best for you.

 

[Dasein]

Thank you for your reply.

When I crossed the border, the immigration office did not believe my claim that I was coming to Canada as a visitor. I had inquired about a working permit at the office since I had a letter of employment. It was then that I found out about the Labour Market Opinion, something that the company that offered me a job did not tell me before coming. Canadian immigration put a notice on my passport saying that I had to leave Canada by August 15, giving me less than 3 months.

I had planned on driving to the border and taking it off but I do not know if they will allow me back in the country. If anyone can shed any light on this, I'd be very grateful.

 

[ThirstyDeer]

To the best of my knowledge, they can't cut down what you are entitled to. Once you cross the border successfully, you can stay for 6 months no questions asked.

Perhaps I am wrong, and that they can limit it. Best to phone CBSA (customs) and confirm with them.

 

[PMM]

Hi

To the best of my knowledge, they can't cut down what you are entitled to. Once you cross the border successfully, you can stay for 6 months no questions asked.

Perhaps I am wrong, and that they can limit it. Best to phone CBSA (customs) and confirm with them.

Your wrong, once you leave Canada your visitor status ends. You have to reapply for admission, and if CBSA limited your stay, then it is quite likely that if they admit, you will only get to the 15th of August.

PMM

 

[Dasein]

Let me see if I got this: if I were to go to the border tomorrow, they would readmit me again as a visitor with the same august 15 deadline?

thanks again,
dasein\

P.S If I were to get married and submit my PR application, would that allow me to also submit an open work permit too? I'm really anxious to work again, and I'm dreading the long waits.

Edit: I just realized that open work permits don't apply in my situation. I'm actually doubting the company that hired me will do something about my labour market opinion, so I'm looking at other ways that will allow me to work in Canada. The PR status seems like the only way to go right now as I have no other job offers.
Is there are way to work while the PR application is being processed? I know that applying while in Canada can take up to a year. I cannot imagine not working for that long.