English guy looking for help with Canadian visas

[DannyW92]

I'm a 23yr old British national and I'm wanting to move to Canada to live with my Canadian girlfriend.

She currently has a well paid job and I'm in the process of looking for work in Canada. In the UK I have got works experience in IT Online Search Marketing and article writing, customer service experience from working at Marks and Spencer's and A levels and a distinction level BTEC Advanced Subsidiary Diploma from college.

I've just been made redundant from my employment and would consider this to be the best time to find a job in Canada and move there around January/February time maybe earlier whilst the visa comes through.

Can anybody give me some advice on the visa's and what would be best to go for? and the best places to find a job in Canada? And how to ask a prospective employer about Labour Market Impact Assessments?

Moving to Canada is a long term thing to eventually have a family with my girlfriend and we have been in a relationship for over a year.

Thanks

 

[scylla]

There's really no best place to look for a job. You just have to apply to as many jobs as possible and hope you get lucky and find an employer willing to go through the LMIA process (the vast majority aren't). Once you find an employer willing to go through the process, you can expect the LMIA process to take up to 4-6 months to complete.

Note that you can't "move" to Canada until you have a visa that allows you to do so. All you can do is visit. If you arrive looking like you're trying to move to Canada as a visitor - there's always some remote chance of being refused entry and sent back home. If you are coming as a visitor (i.e. don't have a work permit yet), make sure you have a return ticket and don't pack like you're moving.

You should also look into the Working Holiday Visa program which would allow you to move to Canada for a period of time and work without finding an employer first. Downside is that the program is already full for this year and won't reopen until sometime next year. Also, spots are in extremely high demand (all spots were snapped up in less than 15 minutes of the program opening this year).

 

[DannyW92]

Thanks for your detailed responce.

I have worked within the IT industry at a company in the UK delivering search marketing and content writing for client blogs.

If I was able to get a similar role in Canada would the employer need to obtain a LMIA?

Also because my girlfriend currently resides in Canada and is a Canadian national by birth, is there a particular visa for me that I should try to obtain?

Also I'm aware I would need funds to make sure I can show the Canadian boarder control that I have sufficient funds for a work visa entry to Canada. However, with me going to live with my girlfriend for the long term (we can prove relationship for over a year) , does that mean that both mine and my girlfriends money should be declared in the application process?

We really want to be living together in Canada in rented property around Jan/Feb time.

Thanks for your time.

 

[scylla]

Yes - your employer will absolutely need to obtain an approved LMIA. Note that in addition to the wait times and paperwork, there is also a $1000 fee your employer must pay as well as any fees associated with meeting the minimum advertising requirements to prove no Canadian could be found for the role. Exepct the process of finding a job and employer to be extremely difficult - unless you manage to secure a working holiday visa (IEC) next year. Working holiday visas are open work permits and no LMIA is required.

The fact you have a girlfriend in Canada is of no benefit to you at this time. Once you are either married or common law (common law means you have lived together for a minimum of one full year) - she will be able to sponsor you for permanent residency. As of now, there is no special visa or permit available to you just because you have a girlfriend in Canada.

It's most likely not realistic that you will be able to "move" to Canada by January or February. Again, you can certainly visit at this time. Just make sure you truly look like a visitor when entering Canada.

 

[DannyW92]

Thank you for your response.

Visiting seems the best choice at the minute. I'm trying to see how I could put things forward/ in place to gain the visa. As I've found out, many companies aren't willing to go through the LMIA process however if I went for one of the visas that are in high demand (the ones that are taken very quickly) then that could be the best option.

How can I go about making the application and getting it all sorted ready for when these visas become available again next year?


Also, I understand me and my girlfriend couldn't be classed as common-law partners however, could we be classed as Conjugal partners?

We have:

• Been in a relationship for over 1 year and that is documented through out anniversary dates
• Haven't been able to live together due to the immigration barrier but have wanted to for a few months now

Reasons for her not been able to move to England were are that;

• She suffers from stress, depression and anxiety and is emotionally attached to Canada
• Both her parents died and most recently her dad a few months ago
• She has been living in rehab previously and wasn't allowed visitation
• She holds down a job over there (I'm looking to go over there now since I've just been made redundant)
• We've both been too afraid to apply for a visa to then be possibly rejected and us not been able to see each other and the emotional effect that'd have on my girlfriend with her suffering from stress, anxiety and depression leading to suicidal thoughts

Living together would help relieve stress and help with the depression whilst also making general life safer. Will also bring us together more and we want to be together for the long term and have talked about marriage in a few years time.

Would be be able to apply for Conjugal Partnership?

 

[scylla]

No - you certainly will not qualify as conjugal partners. The conjugal class is reserved for those for whom it is impossible (due to REAL immigration barriers) to get married or live together to become comom law. You face no barriers (the reasons you have listed why your girlfriend can't come to England aren't immigration barriers - they're just life choices). There's nothing stopping you from getting married and nothing stopping you from coming here as a visitor and eventually living together for a year (you can come for a six month visit and then extend your visit by another six months). If you file a conjugal application - it will be refused. Your only options are the marriage or common law route.

Conjugal is not a relationship category you can use because you aren't ready to get married. It's the equivalent of being married (except that it's impossible for you to get married). Example: Couple is same sex with one person being Canadian and the other being from the Philippines. They can't get married in the Philippines because same sex marriage is illegal there and the person from the Philippines has been refused a visitor visa to Canada multiple times (so they can't get married in Canada). They have also tried to get a visa to a couple of other countries that recognized same sex marriage - all of those have been refused as well. The Canadian is only allowed to be in the Philippines for three months at a time and the person from the Philippines can't come to Canada - so they can't live together and common law is out. Conjugal is the only option left for them. This is an example of a real immigration barrier.

Information about the working holiday visa / IEC program is available in the following link. I would recommend you read through the program requirements in detail to understand the application process: http://www.cic.gc.ca/english/work/iec/ The program will likely reopen to new applications next March (although it could also be earlier or later).

 

[DannyW92]

Thank you for your reply.

I will look through the working holiday visa.

Can I go over there for a period of 6 months and then whilst still in Canada, apply again for another 6 months or apply for the working holiday visa?

Also, that would mean we'd be living together for 1 year so we'd then be able to go down the common-law partner route.

Is that right?

 

[scylla]

Yes - that's correct.

 

[scylla]

Just to add - keep in mind that you won't be able to work as a visitor and also won't have access to provincial health care. So make sure you take out travel insurance to cover yourself in case of emergencies (you will have to pay for any non-emergency health care or any health care not covered by your insurance company out of your own pocket).