Girl form Quebec wondering about her american boyfriend

[M_iari]

Hello everyone!

I am new here, I have been reading this forum for the past 6 months trying to soak all the info and tips.

Here is my situation. I am Canadian, he is American. We met in Mexico while he was working there and he came to Quebec in January as a tourist. Since then he's been trying to find a job (alot of places turned him down cause they can't provide him with the LMO procedures but would love to employ him) but has been unsuccessful. We applied by mail to get a tourist visa renewal in the hopes that he's gonna find work soon, but the reality is that its highly improbable. The initial plan was to wait til next January to apply as common law (we have a joint account, bills under both our names, etc), but i don't think that we will be able to make it financially (I am a full time student waitressing like crazy to make ends meet). Now everyone I talk to seem to tell me to just marry the guy. I do love him but have never really wanted to get married... but I'm thinking about doing it since it might be the only way we can actually stay together.

So now, my questions are: if we do get married, should we apply inland or outland? I know outland is usually the way to go but our main issue isn't to get the PR status per say but actually the work permit as quickly as possible. What are the usual waiting time in Canada (specially in quebec) to receive the work permit?

 

[scylla]

If you apply outland, no work permit is granted with this process and your boyfriend will have to wait until he's actually a permanent resident of Canada before he can work.

if you apply inland, your boyfriend will qualify for an open work permit once your application has first stage approval. Althought the CIC web site says that first stage approval is currently taking 6 months, in reality (i.e. based on what people on this forum are experiencing), it's actually 9-10 months.

 

[costaudjoe]

What kind of work is your bf looking for?

He may qualify through NAFTA.

 

[M_iari]

He has a master in linguistic and has been teaching english/spanish and lingistics at the undergrad level before. Some languages school have shown interest but couldn't do the LMO procedures. Could that work under NAFTA?

 

[costaudjoe]

I know of someone who got a work visa at a border crossing by showing a letter from a university saying they had work for him. I believe education falls under NAFTA. (http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html and http://www.canadavisa.com/how-the-nafta-program-can-work-for-you.html).

 

[scylla]

The language school job won't fall under NAFTA. For that he will need an LMO.

As costaudjoe said, I believe he would qualify for a work permit under NAFTA if he had a univeristy or college job.

 

[costaudjoe]

I am guessing you are in Montreal. Do you think it would be possible to get one of the four universities to write up a letter for him?

 

[QCSunshine]

Another difference about Inland and Outland is the ability to travel outside of Canada while the application is in progress. Even though I was in Quebec already and we could have done Inland, we chose Outland because I wanted to be able to go back to the US for an emergency and not risk invalidating my whole application. Also, at the time we did it, the difference between waiting for the work permit stage with Inland and waiting out the entire Outland process was small. But I have no idea what the timelines are like now. Good luck!

 

[M_iari]

I am guessing you are in Montreal. Do you think it would be possible to get one of the four universities to write up a letter for him?

He is in the process of going around to concordia and McGill to see if they need teachers or TAs so fingers crossed for that.....

Another difference about Inland and Outland is the ability to travel outside of Canada while the application is in progress. Even though I was in Quebec already and we could have done Inland, we chose Outland because I wanted to be able to go back to the US for an emergency and not risk invalidating my whole application. Also, at the time we did it, the difference between waiting for the work permit stage with Inland and waiting out the entire Outland process was small. But I have no idea what the timelines are like now. Good luck!

I am worried with the strikes going on... The cic site says there is now a waiting time of 15 months for outland.....
Did you speak French when you applied? I heard to Quebec process is alot more complicated then the federal one. Did you have any issues with it?

I was wondering also, if we apply inland, how long until he is approved for the french classes?

And would a small wedding ceremony with only close friends (like 3-4) work? Or do we need to do the whole families to show thats its legitimate?

Ps: thank you so much for your answers!

 

[frege]

He is in the process of going around to concordia and McGill to see if they need teachers or TAs so fingers crossed for that.....

I am worried with the strikes going on... The cic site says there is now a waiting time of 15 months for outland.....
Did you speak French when you applied? I heard to Quebec process is alot more complicated then the federal one. Did you have any issues with it?

I was wondering also, if we apply inland, how long until he is approved for the french classes?

And would a small wedding ceremony with only close friends (like 3-4) work? Or do we need to do the whole families to show thats its legitimate?

Ps: thank you so much for your answers!

You might consider having him extend his visitor status for a period of time. Alternatively, he could cross the border and then come back into Canada with a fresh six months (but not staying outside Canada long enough to break the continuity of your cohabitation). You can keep doing that long enough so that you meet the twelve-month criterion, starting from the earliest time you have proof of cohabitation. If you file for an extension just before the end of the second six months, that will buy an extra month or two - he'll be in the country legally while awaiting the decision. Once you've met the twelve-month criterion, you're permanently considered a common-law couple, even if you no longer cohabit - unless your relationship breaks down. This last point won't be questioned if you file a sponsorship application within a reasonable time, especially if he's been making efforts to stay in Canada.

About having family at your wedding, you should do whatever you prefer, unless you think there are other things in your application that would likely create problems. It would be a good idea to have photos of each of you with the other's family, if possible. Generally, they look less closely at applications from citizens of rich countries.

To find a job, he should visit cegeps too, not just universities. Teaching at a cegep or a private college would count under NAFTA.

In the spousal category, speaking French is completely irrelevant. The Quebec process has one extra step that's a formality for most people, and you have a few less forms to fill out for the federal part of the process. All in all, it's not much more complicated in Quebec.

I don't know about the French classes after an inland application. My guess would be it's possible after approval in principle and issuance of the CSQ, but I'm not sure.

 

[M_iari]

Thank you so much for all your answers! We are still unsure about what it is thast we will do. My bf sent his extansion application by mail and we still haven't heard back from them.

I am back with more questions, this whole process is so confusing!

You can keep doing that long enough so that you meet the twelve-month criterion, starting from the earliest time you have proof of cohabitation.

What constitute a proof of cohabitation? He has been receiving mail here since January (we carefully kept every envelop) and has his name has been on his cellphone bill since his arrival. Would hat be enough?

Because we live in Quebec, would an civil union count the same as if we got married?

 

[frege]

Thank you so much for all your answers! We are still unsure about what it is thast we will do. My bf sent his extansion application by mail and we still haven't heard back from them.

I am back with more questions, this whole process is so confusing!
What constitute a proof of cohabitation? He has been receiving mail here since January (we carefully kept every envelop) and has his name has been on his cellphone bill since his arrival. Would hat be enough?

Because we live in Quebec, would an civil union count the same as if we got married?

I don't know if that would be enough, but it probably helps. They talk about joint bank accounts - as a visitor from the US, he'll have the easiest time opening one at CIBC or RBC.

Google "Spousor your spouse for Canadian permanent residence" (sic). That page is written by a lawyer and goes into detail about what to include.

I don't think a civil union would count.