Common Law Couple With Two Kids Moving To Canada

[claudiaLGZ]

Hello, my husband and I are thinking in immigrating to Canada. We are not legally merry but we have two kids, a two years old and a 4 year old. Both of our kids are American Citizens and my husband and I are of Mexican nationality. I obtained a degree as a Preschool Teacher few years ago. My husband works as satellite TV technician installer and has 10 years of experience working on that field. Currently we reside in California. My question is since the new law changed for Mexican citizens that we no longer need a visa to go to Canada, what probabilities do we have to obtain a work permit? We are looking forward to legally work and live in Canada and stay there for good so we can provide a good life for our children.

Thank you in advance.
ATT Claudia.

 

[scylla]

Obtaining a temporary work permit is typically very difficult. The fact that visa restrictions for Mexican citizens are being lifted doesn't change this.

First, one of you must secure a full time job offer from a Canadian employer. Next, that employer needs to apply for something called an approved LMIA. This process requires the employer to advertise the job for at least a month to prove no Canadian could be found for the job. Next, the employer needs to submit the LMIA application along with a $1K fee. Processing for the LMIA application can take up to four months. If the LMIA is approved (not all are), you can then apply for a closed work permit tied to that specific employer.

I assume that both you and your husband have legal status in the US. To be approved for a work permit to Canada, one of the things you must prove is that you have strong ties to your home country and have no plans on remaining in Canada long term. If by any chance you have no status in the US, there is zero chance you'll be able to secure a temporary work permit for Canada.

Because the LMIA process is so long and expensive with no guarantee of approval, most employers aren't willing to go through the process. Having said that, some people are lucky and do manage to find employers. Good luck.

 

[claudiaLGZ]

Thank you for being honest in responding my question. With this information in hand, I will continue pursuing my way to apply for a visa still they might be a possibility. I was doing some research in sites where I can hire a Canadian migration attorney. I see there is an online assessment just to see if I would be a good candidate to apply for a visa. My next question is, are these sites legit? The site is called canadavisa.com and one of the representatives attorney is called David Cohen.
Thank you again for your time.

 

[Rob_TO]

Easiest way for Americans or Mexicans to work in Canada is if they have education/experience in a job covered by NAFTA. In this case all you need is an offer of employment, and you can apply for a work visa based on that. http://www.cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

Unfortunately preschool teacher doesn't qualify under NAFTA, and neither does TV technician.

So in your case the only possible route to a work permit would be finding an employer willing to go through LMIA process as mentioned above. In my opinion this would be impossible for a preschool teacher since there are more than enough teachers in Canada looking for work. Same with TV technician, it would be extremely difficult to convince the Canadian government no Canadian could be hired for the role instead.

I doubt a lawyer will really be able to do anything, since applying for closed work permit via LMIA process involves a potential employer doing all of the paperwork, not your own lawyer.

Another option is to see if either of you qualify for any current permanent immigration streams, to get PR status here. Details of Canada's immigration programs are here: http://www.cic.gc.ca/english/immigrate/apply.asp