I don't Know where to start - help!

[Cupcake16]

Hi there,

I am a US Resident living in Massachusetts and I am interested in learning about immigrating to BC in the Okanagan area to live with my boyfriend. We have been doing research for upwards of 5 months and, really, all it's done is contradict itself, confuse us more, and get me frustrated & scared. I'm hoping I can get some specific answers to my unique case via the forum.

I am not looking to move next month as I know it is a long process. We are just interested in starting the process NOW so in, say, a year or so everything will be laid into place and I can just wander over with all my permits/paperwork and no worries. I'm trying to do this in the least stressful as possible, as I don't tend to handle stress well.


The facts & My Questions:

- We met via a video game about 8 months ago (I know, I know...) He's been here, I've been there, and he's coming back here in less than a month. Both of us are 28.
- I personally would prefer not being married right away since I've always had it in my mind to live with a person before committing my life to them.
- Neither of us have kids, criminal records, illnessess or anything else of the sort that would otherwise hinder the application process.
- I have a BA in Graphic Design and work full-time in MA as a designer in a sign shop, so lots of experience. Obviously I'd be leaving my job and starting fresh ... is this field even plausible for employment in BC as an immigrant or should I just find something else?
- What is the best way to get a permit? What is the best permit for me?
- How long can I expect the process to be?
- How long before I am able to work once there? I don't mind temporary jobs here and there until I can settle back into my career, but not working is not an option for me - I'd become too restless.

In the long run, I'm more ope to moving and starting over than he is - in fact I'd love a fresh start. His area is nicer, more my style. But, people keep saying "Dude, it's, like, 400 times easier for him to move to America..." which has been backed up by immigration "specialists" I have met with locally. He's willing to come here, but I don't want him to do something he doesn't necessarily want to do while I'm more than willing to go there just because it's "easier".

Thought? Opinions? HELP!

 

[scylla]

Assuming your relationship is serious, the easiest way is for the two of you to get married or become common law (by living together for a year continuously). He can then sponsor you for permanent residency.

All other avenues are quite a bit more difficult (potentially much more difficult) and require you to qualify for PR on your own. You can research them here: http://www.cic.gc.ca/english/immigrate/apply.asp

It might be a good idea for you to calculate how many points you would have under the Express Entry program. This will tell you how realistic it may be for you to qualify for PR on your own. If you have 450 or more points, it's likely (although not certain) you would be selected. If fewer than 450 points - much less likely.

BC also has a provincial nomination program (you can find info through the link above) that you should investigate. I believe this program requires you to secure a full time and permanent job in Canada first supported by an approved LMIA (this is something the employer must obtain).

 

[Cupcake16]

Would I be able to work right away if I were being sponsored by him? I'm not apposed to marriage upon moving We're in the for long haul, but I've heard people can't for for 6-12 months...

 

[scylla]

Would I be able to work right away if I were being sponsored by him? I'm not apposed to marriage upon moving We're in the for long haul, but I've heard people can't for for 6-12 months...

No - you won't be able to work right away if you are being sponsored. There are two ways he can sponsor you - inland and outland. Outland is by far the fastest way for Americans and is the process we always recommend to American applicants here. However it comes with no work permit. Inland takes much longer (you're likely looking at a couple of years) - but grants a work permit after around four months of waiting. Don't be swayed to apply inland by the fact it comes with a work permit. If you apply outland instead, you could be through the entire process in less than the four months it takes to get a work permit via the inland route.

 

[Cupcake16]

So, let me make sure I'm following you. I'm sorry if I'm making this difficult, I'm just trying to understand -

I apply Outland, 4 or so month processing time to get in, then once there I can apply for a Work Permit of sorts, which take however long it takes to process at the time it's submitted? (Which I have no concept of how long that may be as a sponsored resident)

Also, If I apply Outland for sponsorship, would we already have to be married? Just engaged to be married within a certain timeframe? Or not married at all?

 

[scylla]

There are two streams for spousal/common law sponsorship - Inland & Outland.

BOTH require you to be either already married or already common law (i.e. have lived together for a year continuously) at the time you apply. Canada has no fiance class - so being engaged does not allow you to apply.

You cannot apply for a work permit if you are sponsored outland. However the process will be significantly shorter (possibly as little as six weeks but more likely a few months).

With inland, you must be physically in Canada before you can apply. You submit a work permit with the inland application - and then open work permit is granted about four months later. However the overall process takes around two years and it's recommended you not leave Canada until your application is finalized.

 

[Cupcake16]

OK So this is how I'm seeing it:

Outland: I marry him at some point, we live in separate countries for a few months until Outland sponsorship is granted and I am allowed to live with him, but I can NOT work at all during this sponsorship? What can I do in order be able to work? How long until I can?

Inland: Wait two years to get to Canada, but be able to work shortly after moving. May make more sense since we're both young poor/working people and I'm not really able to freeload for however long on the Outland.

Either way, the "easier" option only seems easier if one of us has a lot of money, no?

That in mind, I'm probably better off with one of the more difficult options like landing a job with LMIA, right?

 

[scylla]

You can visit Canada as a tourist while the outland application is being processed. You don't need to be outside of Canada. You will be able to work once your PR application is approved and you have "landed" in Canada and officially become a permanent resident. How long that takes depends on how long the processing of your application takes. If you want to work earlier, you'll need to secure a full time job offer in Canada and obtain a work permit (your employer will also need to obtain an approved LMIA unless the job you have secured falls under NAFTA).

You'll be able to work after four months with inland. But again, entirely possible the whole outland process can take even less time. So it's quite possible the "freeloading" time would be no greater with outland than inland. Again, I would very strongly caution you against going inland. This is a horrible choice for Americans. I know it doesn't look that way now, but wait until you are a year into the wait. The picture will look very different then and you'll most likely be hating life. We had one American here call it "the worst decision I have ever made". Don't make the same mistake.

LMIAs are extremely difficult to secure these days. Sure - you can go for this option. However employers typically don't want to go through the process and the process itself often takes 4-6 months to complete (plus costs the employer time and a couple thousand dollars). Again, if you're able to secure a full time job that falls under NAFTA then you don't need an LMIA and can obtain a work permit with just the job offer. But finding an employer is still typically far from easy.

If money is the issue - then get married and apply outland. You can then remain in the US and work while you wait for the application to be processed. Once it's approved, you'll be able to come to Canada and work immediately.

With immigration there's always some kind of sacrifice someone has to make - regardless of whether an American is immigration to Canada or a Canadian is immigrating to the US.

If you have any further questions about spousal sponsorship - you need to move over to the Family Sponsorship section of the forum. That's where all of these discussions can be found. If you want to talk job offers and LMIAs - move over to Foreign Workers.

 

[Cupcake16]

Wow I totally misunderstood it originally, makes MUCH more sense now! Thank you so much for your help and patience!

 

[hannahmay]

I was/am in a similar situation, but we did it slightly differently. He's Canadian, I'm from England, we met on a video game like yourselves.

I originally landed as a tourist, intending to go back home but I decided to stay and make a go of it in Canada. I extended my tourist visa to a temporary resident visa (basically just allowing me to stay longer in Canada but I could not work). This gave me some cushioning time to apply for something more thorough. I needed to take a few classes in school, so whilst in Canada I applied to a University and with my acceptance letter I applied for a study permit. The study visa was approved fairly fast, and granted me 4 years (length of a standard BA) in Canada. It also grants full-time students to work part time during term time, and work full time during holidays - summer and winter. If you don't want to get married, but wish to stay in Canada long enough to live with him to be considered common-law, those are some options for you. Extended visitor visa - allows you to stay but not work. Study visa - allows you to stay and study and work (with some restrictions), but it is an expensive route due to international student fees.

Once you are either married or common-law you can apply for spousal sponsorship (common-law laws differ per province I believe? but I think in the eyes of the federal government it still remains that you must be living together for 1 year). Two routes here - inland and outland. You can be in Canada and still apply outland, it is a lot faster but you cannot work. Applying inland is slower but you can apply for a work permit after (I think) 4 months. Ourselves, since I was already in Canada on a study visa we applied through the outland route. We sent off our application April 4th, they received it and started processing April 27th, and it was approved June 14th. So 2.5 months to be approved, super fast (I made an air-tight application, very thorough). It is not finalised just yet, I have an appointment scheduled to go into my local CIC office to have everything finalised - which is usually within 6 weeks of your approval once you notify them you have been sent the approval. After that, you'll have your Permanent Residence status and have full ability to work/study/live in Canada - only restrictions will be you cannot vote or join the military. Plus there is a 2 year probation period, stating you must stay in a relationship and live with your spouse, and must not be convicted of crimes.

You can also apply for a work permit, but you must be accepted for a job inside Canada first and the company must be willing to sign for your work permit. I am not sure of the restrictions/process of this route, but it is there.

Generally, your options are:
Work permit. Relatively fast and you can work.
Study permit. Fast but expensive, with restrictions.
Extended visitor stay. Fast but you cannot work.
Spousal sponsorship to Permanent Residency. Either slow and you can work after some wait, or fast and you can't work until it's approved - and this is after you are either married or living together for 1 year plus.

Good luck! It's an exciting yet frustrating process. So many hurdles to jump over, time to wait, but it's completely worth it for the person you're moving for!

 

[Cupcake16]

Wow, thank you so much! This was extremely helpful coming from someone who went through almost the same thing! I doubt I'd do the school route since I'm still paying off my BA, but I think the Outland is the way to go!