If sponsorship is denied, work visa possible?

[jckovacs]

So I'm thinking, since we applied under the near impossible conjugal sponsorship...if we are denied, can I apply for a work visa?

I know that to get a work visa, you have to have 'special skills' and I do not. But to live together we would need to be able to both work. At least for the first while. So, would I have any options? Or am I out of luck because I do not have these special skills?

 

[Love_Young]

Do you mean temporary work permit or applying through a class such as FSW?
If you are talking about the FSW class, why not just reapply as common-law or married instead?
It would be faster and easier on you as a couple. And if I am not mistaken you do have to apply with certain skills or employment career.
So if you could work to get those skills (which could take years not including the processing time of the application) then I can't see why you couldn't apply through the worker class if you wanted.

 

[jckovacs]

Cannot apply as common law because we haven't lived together for a year. Blame that one on the lack of same-sex laws in the USA. I can't move to Canada if I can't work. We would not be able to support ourselves.

And yes, temporary work permit.

 

[valy79]

In theory you can apply for a temporary work permit. But to be able to do so you will need a job offer from a Canadian employer (there is a few exceptions listed in the link below, but those are very specific) and you will need to go through Labour Market Opinion (again there is some exceptions).

If you want to work in Canada, you must understand the following important information:

Your employer helps determine if you are eligible. Your employer may need to get a labour market opinion from Human Resources and Social Development Canada (HRSDC). A labour market opinion confirms that the employer can fill the job with a foreign worker. To find more information about which jobs do not require a labour market opinion, see Eligibility to apply. You can also find out more about HRSDC labour market opinions in the Frequently asked questions section.

See here:

http://www.cic.gc.ca/english/work/apply-who.asp

 

[fleo]

I can't move to Canada if I can't work.

Could your partner move to the U.S.? CIC doesn't care whether or not you were considered common-law according to local laws, they just want proof of 12 month cohabitation.

 

[Love_Young]

Cannot apply as common law because we haven't lived together for a year. Blame that one on the lack of same-sex laws in the USA. I can't move to Canada if I can't work. We would not be able to support ourselves.

And yes, temporary work permit.

Yeah but what I am meaning is couldn't you meet the eligibility of common-law or married later? It isn't like you can't meet common-law status (live together 6 months in the US and 6 months in Canada or stay 6 months in Canada then get an extension for another 6 months) or get married in Canada then reapply. Plus many people are surviving on one income right now while visiting in Canada, I am certain you could do it. You could always work for a while in the US and put some into your savings then when it gets harder you could help your partner by contributing the money you had saved up before coming or maybe you could live with a family member for a while. And yes, you could apply for a temporary work permit if you could get an LMO. Either way there are many ways to go about it. But for now, unless you are refused, try not to worry about it. No need to worry unless given an actual reason to worry now is there. I wish you lots of good luck and hope you don't have to deal with this situation.

 

[shandymoo]

go to canada and have a fabulous big gay wedding darling!

 

[jckovacs]

Haha, thanks. As wonderful as that would be, we don't want to rush it. One of those things we're taking our time with.

 

[Leon]

Sponsorship is actually a bigger commitment than getting married in some ways. You can get married and get divorced again and if you have pre-nups, neither one of you is affected financially. Sponsorship however makes your sponsor financially responsible for you for 3 years after you get your PR. If you leave him next day and go on welfare, he will have to pay the bill.

 

[Baloo]

Sponsorship is actually a bigger commitment than getting married in some ways. You can get married and get divorced again and if you have pre-nups, neither one of you is affected financially. Sponsorship however makes your sponsor financially responsible for you for 3 years after you get your PR. If you leave him next day and go on welfare, he will have to pay the bill.

Which could be a debt of $19,000 to $25,000 (in extreme circumstances).

 

[RobsLuv]

Cannot apply as common law because we haven't lived together for a year. Blame that one on the lack of same-sex laws in the USA. I can't move to Canada if I can't work. We would not be able to support ourselves.

And yes, temporary work permit.

What do you mean, "blame that on the lack of same-sex laws in the USA"? How would that help you, or how does it keep you from, living together for a year? Honestly, you could live together in the US for six months with the Canadian in the relationship visiting, and then switch and live together for six months in Canada with the American visiting if you had to - as long as you keep evidences of the one continuous year of co-habitation, you qualify. So I don't get it??

You can always apply for a restricted work permit - nothing stopping you. You'd have to find an employer in Canada who was willing to hire you, who'd then have to apply for a positive Labour Market Opinion - which means convincing whoever it is they convince that there are no Canadians qualified to do the job. If they get the positive LMO, then you take that and your job offer letter and submit an application to CIC for a work permit. If that's approved, they send you a letter saying so, and you come to Canada with your letter and get your work permit at the POE. It takes time to go through the process - and it's only a temporary permit, but it would most likely be issued for a year and, if you lived together that entire time, then you'd be eligible to be sponsored for PR as a common-law partner rather than the "nearly impossible" conjugal partner - which it is. Especially when one of the partners is US and there is no impediment to marriage in Canada. Just because you don't want to get married yet doesn't mean you qualify as conjugal partners. Conjugal does not just mean having a sexual relationship - it's about CIC waiving the requirement of cohabitation for qualifying as common-law partners because a couple is prevented from living together or marrying due to immigration barriers, or fear of persecution due to their relationship being illegal in their country. Last time I checked, same-sex relationships were not illegal in the US or in Canada.