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Looking for answers to some basic questions

KarenLindsey

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Apr 30, 2013
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I am an American, my boyfriend of 4 years is a Canadian. We want to live in Canada together (I have visited him multiple times) but we dont want to get married right away. Is it possible to apply for a tourist visa, even though the government will clearly see my previous travel to and from his residence in Vancouver.. Then get married there? Is that even possible with out refusal? Also, is it possible to look for a job when my daughter and I go out for a couple of weeks this summer, hopefully find a job and then apply for a work visa? Ugh, it is so confusing, the more I read the more confused I get. Any help would be great. Cheers, Karen
 

Leon

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Jun 13, 2008
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You are American so you do not need a tourist visa. You just come visit just like you have done before, multiple times. However, don't show up with all your stuff in a U-Haul because that is really asking for trouble ;) Also don't tell them you are planning on looking for a job.

You can get married in Canada. You need your passport, birth certificate and if you were married before, you need proof of divorce.

Finding a job and getting a work visa isn't always that easy. In order to hire a foreigner, the employer needs to apply for a labour market opinion (LMO), proving that the job was advertised for so-so long, that he is offering market wage and yet he couldn't find any qualified Canadians for the job. If Service Canada agrees, he gets the LMO and you can use it to apply for a work permit. It can be hard to find an employer who will apply for an LMO for you because it is a hassle for them and they know if it is easy for them to find Canadian staff, they will not get the LMO anyway.

If your job falls under NAFTA, see http://www.canadavisa.com/nafta-temporary-work-permit-canada.html it is a bit easier. In that case, you just need a written job offer and you can apply for your work permit at the border, no LMO required.

After you are married, the husband should apply to sponsor you and your daughter for PR. If you plan on staying in Canada throughout the processing time, you can apply inland and if you apply for an open work permit at the same time, you could get it in about 6 months. If you plan to travel to the US or go back and forth, you should apply outland which means no open work permit but you will have your PR a bit faster than with inland. In order to apply for your daughter, I am assuming that she is not his child, you have to show that you have full custody of her or that her father approves of the immigration.
 

KarenLindsey

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Apr 30, 2013
6
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Leon you are a champ, thanks so much! Can I bug you some more??? :D How long will Canada let me stay if I dont need a tourist visa?? Interesting side note.. I just came back from 10 days in Van, I fly standby as he is Air Canada employee and I am his nominated partner. I had no return ticket, as its impossible to book in advance until it gets close and u can see which flights are open. I was ready for a battle at immigration but they said nothing. Its such a crap shoot sometimes. Btw, I have saved all of my travel stuff, tickets, we have lots of pics of the two of us, etc.
I wouldnt think I would have a hard time finding a job, I have a degree in mental health and just looking at jobs there seems to be quite a few.
I appreciate your time, and thank you! Karen
 

canuck_in_uk

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May 4, 2012
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KarenLindsey said:
How long will Canada let me stay if I dont need a tourist visa??
You are allowed to enter for 6 months without a visa. At the 5 month mark, you can apply online to extend your stay. Standard is 6 months every time but if you can ask for longer; if you show a PR app in process, they will usually give you longer.

KarenLindsey said:
I wouldnt think I would have a hard time finding a job, I have a degree in mental health and just looking at jobs there seems to be quite a few.
Is your job listed under NAFTA? If not, finding the job is not the hard part, finding an employer willing to go through the LMO process to hire you is.
 

scylla

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The default visit allowed is six months. However immigration has the right to shorten that time period if they want to. This sometimes happens when they feel the person has been spending too much time in Canada or has plans to stay long term.

How difficult it will be to find a job will depend if you qualify under NAFTA. If you qualify under NAFTA, then it should be doable. If you don't, then expect it to be very difficult. Because in order to hire you, an employer will have to prove they advertised the job and were unable to find a Canadian to hire for the role. They will then have to request permission to hire you through the Labour Market Opinion process. If the LMO is approved (not all are), you can then obtain a work permit. Hopefully you qualify under NAFTA. Many / most employers aren't willing to go through the LMO process or know the LMO is going to be refused because it's easy to find Canadians with similar qualifications.
 

KarenLindsey

Newbie
Apr 30, 2013
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Gotcha. I have sent my resume to Coastal Health. It appears they have experience with LMOs, based on their huge-ness and the fact that they advertise for foreign employees. I so appreciate the help folks!
My daughter is 11, and I have full custody of her. Her fathers name is not on her birth certificate so I am assuming that wont be a problem.
Ok, one more question... I know she will need a study visa to go to school. Can she go while we are there for the first 5ish months?
 

scylla

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Yes - she can attend school. Be prepared to have to pay several thousand dollars for the schooling. I believe the full year is usually around $12K. Not sure if they will give you a break if you're only there for part of the year. You should contact the public schools near where you plan to live to find out.
 

KarenLindsey

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Apr 30, 2013
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whattttttt??? pay for public school?? why? because I am not a resident? ugh..I might as well try a private school for that amt. geesh!
 

amikety

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KarenLindsey said:
whattttttt??? pay for public school?? why? because I am not a resident? ugh..I might as well try a private school for that amt. geesh!
Private schools will add 40% to their tuition. You can call around to several schools and talk to them. Some may choose to not charge you if you have a PR application in process. Your daughter will also need a study permit. Also if you belong to any particular religion, you can look into if they run schools in your city and see what they would charge you if you register with a church in their district.

You'll still need to submit documentation that you have full custody of your daughter to CIC. I'm not sure if the birth certificate is enough, although I would think it's good... but I don't know for sure.
 

scylla

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Public school is free for residents because residents fund the schools through paying taxes. Since you and your daughter are non-residents, it makes sense that she would have to pay tuition fees. University / college are no different. The rates for domestic vs. foreign students are very different.

Call the individual schools in the area you plan to live in. Sometimes individual schools are willing to waive the tuition fee. That's the best advice I can give.
 

KarenLindsey

Newbie
Apr 30, 2013
6
0
thanks! I dont really have any other evidence of her father being a non-entity, he has never been in her life and never signed her birth certificate. I guess I could get letters from my family? I have never gone to court with him for anything so there is no court document.. I have a couple of friends there who are teachers, I will ask around about schools. I had immigration ask me that same question last summer when we were there for a couple of months, and they were not "quite" content with just her passport, they wanted something from her father and I just told them he was not in her life, and then they questioned her and told me next time to bring her birth certificate. I am really going to bust my arse and try and interview this summer when we go out and hopefully land a job that will give me a work visa.
 

Leon

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Because of parental child abduction etc. they are supposed to ask if you have the fathers permission to take her out of the country so you should just bring her birth certificate and tell them that the father is unknown. Even if he isn't unknown, if he isn't on the birth certificate, there is no reason to complicate things.

As for the work permit, if you get a job, you would apply for your daughters visa at the same time you apply for your work permit and then she will be able to go to school without a problem. As a visitor, it is up to the school. You could try going to the school and asking if you can enroll her. If you do bring your boyfriend with you so he can state how he is Canadian and he is sponsoring you and your daughter for PR etc. There have been cases where people are allowed to enroll kids with no extra charge and there have also been cases where they have been flat out denied. If you are not working, you could home school her in the meantime.