Help! Wanting to live with my girlfriend but don't know what to do.

[Bobsobsfornobs]

I would really appreciate any help I can get thanks!

So a little about our situation, I'm from California and she's from Alberta. I have no special skills except for being an ass. She, however, is currently working a part time job and is studying to be in the medical field. I want to immigrate to her (I mean she has a more brighter future than I do), but I'm not sure where to start. We've talked about me moving in for a while now and are finally ready for the leap. I mean if we could figure all this out first. There are two things to note.

1. I actually have a potential job offer that's very near her, but I'm still waiting for a response. Problem is, it's a dead end job that pays minimum wage and I feel as though it won't be enough to sustain a living, not to mention there is no growth opportunity. I have asked if we could stay with her parents (to save up money, also they like me) but she's convinced that her mom will have us out within a month so she wants to avoid it.

2. I have been reading here for a bit and learned that common law is another way to get in. However, I also read that something happened with common law on April 28th of this year and that common law is no longer a viable way of getting to Canada. Is this true?

My original plan was (if I got this job offer) to work for a year and live in the apartment we would get, save every bill as evidence, and apply for common law. The reason I want to do this is because I don't want to work at a minimum wage job where I'm making close to nothing and not advancing for the next few years. I know some things with common law changed, but it's worth asking, is this possible? If not, how many years do I have to work this job before I can apply for permanent residency or citizenship?

Again, I am sorry for my cluelessness. I've been scouring everything I could find and the whole process just has way too many zig zags. If I could get some help that would be amazing.

Thanks!

 

[canuck_in_uk]

1. I actually have a potential job offer that's very near her, but I'm still waiting for a response. Problem is, it's a dead end job that pays minimum wage and I feel as though it won't be enough to sustain a living, not to mention there is no growth opportunity. I have asked if we could stay with her parents (to save up money, also they like me) but she's convinced that her mom will have us out within a month so she wants to avoid it.

If you mean that you have a job offer in Canada, that counts for nothing unless the employer has a positive LMIA. To be approved for an LMIA, there are strict requirements the employer must meet to show that they couldn't hire a Canadian citizen/PR, it takes months to process and it costs $1000. It is extremely unlikely that an employer offering you a "minimum wage dead end job" would even bother to apply and little chance it would be approved even if they did.

2. I have been reading here for a bit and learned that common law is another way to get in. However, I also read that something happened with common law on April 28th of this year and that common law is no longer a viable way of getting to Canada. Is this true?

My original plan was (if I got this job offer) to work for a year and live in the apartment we would get, save every bill as evidence, and apply for common law. The reason I want to do this is because I don't want to work at a minimum wage job where I'm making close to nothing and not advancing for the next few years. I know some things with common law changed, but it's worth asking, is this possible? If not, how many years do I have to work this job before I can apply for permanent residency or citizenship?

I'm not sure what information you are reading. If you read the IRCC website, it clearly shows that common-law is still a valid way to sponsor a spouse. Nothing has changed.

You can come as a visitor and establish common-law. As a visitor, you would not be able to work, not be able to study, not have access to health coverage etc.

 

[scylla]

Agreed with everything said above. Having someone offer you a job doesn't mean you can work in Canada. The employer needs to obtain an approved LMIA (which is extremely unlikely for a minimum wage job) and then you need to obtain a work permit. The LMIA process is long and expensive with no guarantee of approval at the end. I can't imagine your employer is going to be willing to go through all that trouble for that kind of job. You should revise your plans and assume you won't be able to work in Canada. So in that case your options are either to get married so that your girlfriend can sponsor you immediately - or you need to be willing to live in Canada for a year without working to become common law.

 

[petkraken]

I'm not in any form an expert and didn't even apply under common law, but we did have a look around for different options before we made an application and I want to give you some input about what I would try to figure out in your situation. Maybe that still helps even though it's not truly answering your questions.

You wrote that you have a job offer, but that it is for a minimum wage job. Now I'm not American (maybe there are differences?) but in general they do a Labour Market Impact Assessment (LMIA). "A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. A positive LMIA is sometimes called a Confirmation letter." Of course there might be exceptions, but the way you described said job makes me wonder if it would go through. So that's definitely something you should figure out.

I don't know what you've hear about sponsoring a common law partner, but I'm not aware of anything that would keep you from trying. I'd go to the checklist for those applications and check what kind of supporting documents they want to see and whether I can somehow provide those or not. (As you figured out you do have to live together for at least 12 months though.) You should find that somewhere here: http://www.cic.gc.ca/english/information/applications/spouse.asp

As far as I know there's no Working Holiday Visa for Americans. But maybe something else under IEC could work? Or going abroad as a student?

 

[scylla]

I'm not in any form an expert and didn't even apply under common law, but we did have a look around for different options before we made an application and I want to give you some input about what I would try to figure out in your situation. Maybe that still helps even though it's not truly answering your questions.

You wrote that you have a job offer, but that it is for a minimum wage job. Now I'm not American (maybe there are differences?) but in general they do a Labour Market Impact Assessment (LMIA). "A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. A positive LMIA is sometimes called a Confirmation letter." Of course there might be exceptions, but the way you described said job makes me wonder if it would go through. So that's definitely something you should figure out.

I don't know what you've hear about sponsoring a common law partner, but I'm not aware of anything that would keep you from trying. I'd go to the checklist for those applications and check what kind of supporting documents they want to see and whether I can somehow provide those or not. (As you figured out you do have to live together for at least 12 months though.) You should find that somewhere here: http://www.cic.gc.ca/english/information/applications/spouse.asp

As far as I know there's no Working Holiday Visa for Americans. But maybe something else under IEC could work? Or going abroad as a student?

There are exceptions to LMIAs for Americans under NAFTA occupations. A minimum wage job won't fall under NAFTA - an LMIA is definitely going to be required.

The American version of the IEC program is called SWAP. To qualify, the applicant must currently be a full time college student close to finishing their diploma / degree or must have very recently completed their diploma / degree.

 

[canadianwoman]

Ask the employer if he did get a LMIA for you, or could do so. Depending on the area, there are a lot of foreigners working at low-end jobs with LMIAs, simply because there are no Canadian available.
If so, you could live with your girlfriend for a year, then apply common-law. Keep all the proof, especially official proof, you get showing you are living together: be on the lease together, get utilities in both names (if that is not possible, get some in one name, some in the other; if that is not possible, at least get your cell phone bills both going to the same address), get joint bank accounts and credit cards - ask around, if one bank branch says they can't do it, go to another; keep mail, including the envelopes, that are addressed to both of you. Take lots of photos with the two of you with family and friends. Have the official stuff cover one year at a minimum.