NEED HELPFUL ADVICE ASAP - QUEBEC/US RELATIONSHIP

[Dogfather]

Alright, so all day I have been doing a ton of research to figure out more about my situation, what I can do, and what I need to do.

Here are all the details:

-My girlfriend and I have been dating for 6 months:
******We are both certified professional dog trainers and I plan on moving to Canada to work with her as a partner in her business, which has proven to be successful.

-I am currently running my own business in the USA, which has kept me from working on any kind of residency or stay in Canada (no visa, just passport).
-I started visiting in October, our relationship started in December and I have been crossing the border visiting every 2 weeks since December 2017 (proof of relationship and commitment).
-I plan on moving there in August 2018
-Now I would like to apply for a Permanent Residency Permit but I know she would need to sponsor me and I would have needed to live there for at least a year.


My question now is, because I have read that common-law relationship, I believe need to be a year long. What should I apply for? For example, a visitor visa - this way I can stay in Canada for a year to prove my residency or ******since I am moving there to become a partner in her business - Am I able to apply for an entrepreneur business visa or is there another option???

The last piece or idea I had here was that we met last year in July and we have been speaking the entire time, no real evidence or tactile proof of this other than a dog training seminar we both attended (how we met). However, we could be labeled as dating and that would mean that it does fall under the requirement of being "together" for an entire year by the end of next month and my business keeping us separated from each other. Thoughts?????

 

[scylla]

Alright, so all day I have been doing a ton of research to figure out more about my situation, what I can do, and what I need to do.

Here are all the details:

-My girlfriend and I have been dating for 6 months:
******We are both certified professional dog trainers and I plan on moving to Canada to work with her as a partner in her business, which has proven to be successful.

-I am currently running my own business in the USA, which has kept me from working on any kind of residency or stay in Canada (no visa, just passport).
-I started visiting in October, our relationship started in December and I have been crossing the border visiting every 2 weeks since December 2017 (proof of relationship and commitment).
-I plan on moving there in August 2018
-Now I would like to apply for a Permanent Residency Permit but I know she would need to sponsor me and I would have needed to live there for at least a year.


My question now is, because I have read that common-law relationship, I believe need to be a year long. What should I apply for? For example, a visitor visa - this way I can stay in Canada for a year to prove my residency or ******since I am moving there to become a partner in her business - Am I able to apply for an entrepreneur business visa or is there another option???

The last piece or idea I had here was that we met last year in July and we have been speaking the entire time, no real evidence or tactile proof of this other than a dog training seminar we both attended (how we met). However, we could be labeled as dating and that would mean that it does fall under the requirement of being "together" for an entire year by the end of next month and my business keeping us separated from each other. Thoughts?????

You need to be either married or common law in order for her to sponsor you for PR. Common law means you have lived together continuously (i.e. without breaks) for at least one full year.

Looks like you're American. If so, then if you want to go the common law route, you would simply use your passport to enter as a visitor. You should be allowed in for six months. If so, then close to the six month mark, you would apply for an extension. This would allow you to live in Canada as a visitor for a year to become common law. Note that as a visitor, you are not allowed to work at all (even volunteering for your business is illegal) and you would not be covered by the Canadian health care program (make sure you take out private insurance to cover yourself for emergencies).

If you want to work in Canada while you wait - then you would need a work permit. To get a work permit, you need a job offer from an employer in Canada and most likely an approved LMIA from that employer as well. The LMIA process is something the employer needs to do (approx 3-6 months processing) to prove no Canadian could be found for the role and that's why they need to hire someone from outside of Canada.

 

[scylla]

The last piece or idea I had here was that we met last year in July and we have been speaking the entire time, no real evidence or tactile proof of this other than a dog training seminar we both attended (how we met). However, we could be labeled as dating and that would mean that it does fall under the requirement of being "together" for an entire year by the end of next month and my business keeping us separated from each other. Thoughts?????

To answer this last question - no, absolutely not. Common law requires you to physically live together at the same address. You need a year of living together at the same address before you can be sponsored (or get married if you don't want to wait a year). A year of dating counts for nothing.

 

[Rob_TO]

******We are both certified professional dog trainers and I plan on moving to Canada to work with her as a partner in her business, which has proven to be successful.

In order to hire a foreigner as a temporary worker, her business would need to go through the LMIA process to get approval from IRCC. This involves a lot of paperwork, paying a fee (around $1000), and most importantly advertising the job for several months to prove no Canadian could be hired for the role instead. Only if she can prove there is no suitable Canadian and a foreigner must be hired, will the LMIA be approved and only then can you get a work permit out of it.
https://www.canada.ca/en/employment-social-development/services/foreign-workers.html

I don't know details of professional dog trainers or how in demand their services are in Canada, but you may find an LMIA in this field may not be possible depending on how many qualified Canadian dog trainers there are available. You or your girlfriend should talk to an immigration lawyer experienced in the LMIA process to guide you.

-I plan on moving there in August 2018

Short answer is, you can't. There is no way an LMIA process will be completed by then.

Only those with approved PR status, or a work/study permit already approved, can move to Canada. If you are just coming as a US citizen with no work/study permit, then you can only visit Canada. If you show up at the border with a truck full of stuff, use the words "move to" or "living in" Canada, or that you intend to work but don't have a work permit already secured, you may find yourself denied entry.

Right now you are just dating, and as such your relationship is pretty much irrelevant to IRCC. There is absolutely nothing your girlfriend can do at this point to start a sponsorship process. This can only be started once you're married or legally common-law (meaning lived together for 12 consecutive months). Anything less than marriage or common-law, will not help in any way. Many US citizens manage to stay in Canada as visitors for 12 months to achieve common-law status, but most are unable to work any job during that time. This means even helping out with her company would technically be illegal.

 

[Dogfather]

You need to be either married or common law in order for her to sponsor you for PR. Common law means you have lived together continuously (i.e. without breaks) for at least one full year.

Looks like you're American. If so, then if you want to go the common law route, you would simply use your passport to enter as a visitor. You should be allowed in for six months. If so, then close to the six month mark, you would apply for an extension. This would allow you to live in Canada as a visitor for a year to become common law. Note that as a visitor, you are not allowed to work at all (even volunteering for your business is illegal) and you would not be covered by the Canadian health care program (make sure you take out private insurance to cover yourself for emergencies).

If you want to work in Canada while you wait - then you would need a work permit. To get a work permit, you need a job offer from an employer in Canada and most likely an approved LMIA from that employer as well. The LMIA process is something the employer needs to do (approx 3-6 months processing) to prove no Canadian could be found for the role and that's why they need to hire someone from outside of Canada.

Scylla - thank you for the response, I greatly appreciate it but this all sounds like bad news to me.

"Note that as a visitor, you are not allowed to work at all (even volunteering for your business is illegal) and you would not be covered by the Canadian health care program (make sure you take out private insurance to cover yourself for emergencies).
^This part here you had mentioned, (just to confirm) sounds like being a visitor you more or less aren't allowed to do anything; work or volunteer for her business. However, if I was able to live at her residence without working or volunteering for 6 months and then apply for the extension to make it a year, I would be eligible for the Permanent Residence Card?


If you want to work in Canada while you wait - then you would need a work permit. To get a work permit, you need a job offer from an employer in Canada and most likely an approved LMIA from that employer as well. The LMIA process is something the employer needs to do (approx 3-6 months processing) to prove no Canadian could be found for the role and that's why they need to hire someone from outside of Canada."
^I am not sure if her business is covered as an LMIA, it is her own personal small business so I will have to check with her but this may be another option.


Lastly I did look up the definition on the Quebec government website and it said by definition:

Conjugal partner
A person 16 years of age or over of the same or the opposite sex who has maintained with the sponsor a marital relationship for at least one year and who is living outside Canada.
^I figured this meant that they had maintained a relationship without them living together in Canada.

https://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/family-reunification/requirements-sponsor/glossary.html#partenaire
^This is the link where I found this.

I will say I am quite concerned about my options here and I am very determined to do whatever it takes to get there and make things happen. I also understand that determination does not allow you any kind of privilege to immigrate to Canada but I am just looking for all possible avenues!!

Thanks again for all your help!

 

[scylla]

Scylla - thank you for the response, I greatly appreciate it but this all sounds like bad news to me.

"Note that as a visitor, you are not allowed to work at all (even volunteering for your business is illegal) and you would not be covered by the Canadian health care program (make sure you take out private insurance to cover yourself for emergencies).
^This part here you had mentioned, (just to confirm) sounds like being a visitor you more or less aren't allowed to do anything; work or volunteer for her business. However, if I was able to live at her residence without working or volunteering for 6 months and then apply for the extension to make it a year, I would be eligible for the Permanent Residence Card?


If you want to work in Canada while you wait - then you would need a work permit. To get a work permit, you need a job offer from an employer in Canada and most likely an approved LMIA from that employer as well. The LMIA process is something the employer needs to do (approx 3-6 months processing) to prove no Canadian could be found for the role and that's why they need to hire someone from outside of Canada."
^I am not sure if her business is covered as an LMIA, it is her own personal small business so I will have to check with her but this may be another option.


Lastly I did look up the definition on the Quebec government website and it said by definition:

Conjugal partner
A person 16 years of age or over of the same or the opposite sex who has maintained with the sponsor a marital relationship for at least one year and who is living outside Canada.
^I figured this meant that they had maintained a relationship without them living together in Canada.

https://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/family-reunification/requirements-sponsor/glossary.html#partenaire
^This is the link where I found this.

I will say I am quite concerned about my options here and I am very determined to do whatever it takes to get there and make things happen. I also understand that determination does not allow you any kind of privilege to immigrate to Canada but I am just looking for all possible avenues!!

Thanks again for all your help!

You don't qualify as a conjugal couple. If you read through the conjugal information in detail on the CIC web site, you'll find the conjugal class is for people who face real immigration barriers to getting married or becoming commom law. As an American - you face no such barriers (i.e. you can easily get married or become common law) and CIC will reject you if you try to apply as a conjugal couple. Forget about conjugal. It's a non-starter. Marriage or common law are your only options for sponsorship by your partner.

Agreed that your partner is unlikely to be successful in obtaining an LMIA so that you can qualify for a work permit. If she wants to try, she needs to be prepared to spend a few thousand dollars with no guarantee of success (and also be prepared to wait 4-6 months for the outcome).

Yes - if you live here for a year as a visitor to become common law - you would be prohibited from engaging in any work of any kind (paid or unpaid) related to her business. All you would be allowed to do is visit. Once you have lived together for a year, she would sponsor you for permanent residency. The PR card process is something separate that is granted after you have been approved as a permanent resident.

If you decide to come here as a visitor in August and then remain for a year to become common law, make sure it doesn't look like you're moving when you get here. As others have said, at this time you are not allowed to move to Canada - all you can do is visit. If you arrive at the border looking like you're moving - then you may be refused entry into the country and have problems returning in the future. This means you should pack as a tourist and leave behind anything that tourists don't usually take. This would include any equipment related to dog grooming. You definitely won't want to have anything like that with you as this would significantly increase CBSA concerns you are trying to move to Canada without authorization and/or have plans to work illegally.

 

[Dogfather]

In order to hire a foreigner as a temporary worker, her business would need to go through the LMIA process to get approval from IRCC. This involves a lot of paperwork, paying a fee (around $1000), and most importantly advertising the job for several months to prove no Canadian could be hired for the role instead. Only if she can prove there is no suitable Canadian and a foreigner must be hired, will the LMIA be approved and only then can you get a work permit out of it.
https://www.canada.ca/en/employment-social-development/services/foreign-workers.html

I don't know details of professional dog trainers or how in demand their services are in Canada, but you may find an LMIA in this field may not be possible depending on how many qualified Canadian dog trainers there are available. You or your girlfriend should talk to an immigration lawyer experienced in the LMIA process to guide you.



Short answer is, you can't. There is no way an LMIA process will be completed by then.

Only those with approved PR status, or a work/study permit already approved, can move to Canada. If you are just coming as a US citizen with no work/study permit, then you can only visit Canada. If you show up at the border with a truck full of stuff, use the words "move to" or "living in" Canada, or that you intend to work but don't have a work permit already secured, you may find yourself denied entry.

Right now you are just dating, and as such your relationship is pretty much irrelevant to IRCC. There is absolutely nothing your girlfriend can do at this point to start a sponsorship process. This can only be started once you're married or legally common-law (meaning lived together for 12 consecutive months). Anything less than marriage or common-law, will not help in any way. Many US citizens manage to stay in Canada as visitors for 12 months to achieve common-law status, but most are unable to work any job during that time. This means even helping out with her company would technically be illegal.

Thank you Rob,

Yet again, more bad news for me, I will check with her about the LMIA situation but my best bet sounds like I would need to get a Visitors Visa and live there for the year to try and gain common-law status. That way I can follow through with a permanent residence card. I know that getting married is an option, however, we have been dating for 6 months and I definitely don't want to put that kind of pressure on her. But if that is the only way to be able to stay there and live there it doesn't sound like I have many other options!! If I said I would be getting the visitors visa, how would I go about bringing any of my belongings over the border? I would not say any of the phrases you had mentioned and I would not plan on working there.

 

[scylla]

Thank you Rob,

Yet again, more bad news for me, I will check with her about the LMIA situation but my best bet sounds like I would need to get a Visitors Visa and live there for the year to try and gain common-law status. That way I can follow through with a permanent residence card. I know that getting married is an option, however, we have been dating for 6 months and I definitely don't want to put that kind of pressure on her. But if that is the only way to be able to stay there and live there it doesn't sound like I have many other options!! If I said I would be getting the visitors visa, how would I go about bringing any of my belongings over the border? I would not say any of the phrases you had mentioned and I would not plan on working there.

See my post above regarding entering Canada. You should only bring what tourists normally bring when you come into the country. You'll need to leave the rest in storage or with friends/family in the US. Once you are a PR, you will be able to bring the rest of your stuff with you.

 

[Dogfather]

You don't qualify as a conjugal couple. If you read through the conjugal information in detail on the CIC web site, you'll find the conjugal class is for people who face real immigration barriers to getting married or becoming commom law. As an American - you face no such barriers (i.e. you can easily get married or become common law) and CIC will reject you if you try to apply as a conjugal couple. Forget about conjugal. It's a non-starter. Marriage or common law are your only options for sponsorship by your partner.

Agreed that your partner is unlikely to be successful in obtaining an LMIA so that you can qualify for a work permit. If she wants to try, she needs to be prepared to spend a few thousand dollars with no guarantee of success (and also be prepared to wait 4-6 months for the outcome).

Yes - if you live here for a year as a visitor to become common law - you would be prohibited from engaging in any work of any kind (paid or unpaid) related to her business. All you would be allowed to do is visit. Once you have lived together for a year, she would sponsor you for permanent residency. The PR card process is something separate that is granted after you have been approved as a permanent resident.

If you decide to come here as a visitor in August and then remain for a year to become common law, make sure it doesn't look like you're moving when you get here. As others have said, at this time you are not allowed to move to Canada - all you can do is visit. If you arrive at the border looking like you're moving - then you may be refused entry into the country and have problems returning in the future. This means you should pack as a tourist and leave behind anything that tourists don't usually take. This would include any equipment related to dog grooming. You definitely won't want to have anything like that with you as this would significantly increase CBSA concerns you are trying to move to Canada without authorization and/or have plans to work illegally.

Thank you for the speedy response!!

It looks like my only option is the latter, visitors visa and stay for a year with no working or volunteering.

My last question at this point is since I would be living there as a visitor and be there for a year. Once we become common-law partners and she applies to sponsor me with the PR card. Would I need to prove any kind of income or prove that I had paid into any sort of taxation for Quebec/Canada? Like paying rent or anything along those lines, or do I technically need to pay for nothing and just have my girlfriend support me 100%. I just want to make sure there would not be any problems later on down the line.

 

[Rob_TO]

Thank you for the speedy response!!

It looks like my only option is the latter, visitors visa and stay for a year with no working or volunteering.

My last question at this point is since I would be living there as a visitor and be there for a year. Once we become common-law partners and she applies to sponsor me with the PR card. Would I need to prove any kind of income or prove that I had paid into any sort of taxation for Quebec/Canada? Like paying rent or anything along those lines, or do I technically need to pay for nothing and just have my girlfriend support me 100%. I just want to make sure there would not be any problems later on down the line.

You don't need to prove any income whatsoever. Only the sponsor needs to show their income tax return, just to show they have a basic income so won't go on welfare after you get PR status.

The main proofs you will need as part of an eventual PR app, is evidence you've cohabited for 12 months so are actually common-law. There are examples in the application package and guide, but you should try to get from the beginning things like a joint lease/rental agreement, shared finances (like credit card or bank account), joint utility bill, showing mail to both of you goes to same address, insurance policies on each other, etc etc.

 

[Dogfather]

Excellent, thank you Rob for the response!!!

I now feel 100x better about the situation. The one thing I never did, was looking into a work visa because I had assumed my girlfriends business was not big enough for something like that and she does not have the LIMA status. I would preferably not want to have a whole year off of no work and I would like to be able to provide in some way. It is just difficult as a dog trainer having your career taken seriously or considered a job worthy of a work visa, even though it is quite lucrative!!

Also once I arrive in Canada and my 6 months passport stay starts, should I immediately look into extending my visitor visa or wait as more time passes? I always like to get my ducks in a row beforehand and I believe I have a good reason for staying that I should not have any issues with the extension (intent on becoming a PR with my common-law partner).

 

[Dogfather]

I can't thank you two enough for all your information and help!!!!!

 

[Rob_TO]

Excellent, thank you Rob for the response!!!

I now feel 100x better about the situation. The one thing I never did, was looking into a work visa because I had assumed my girlfriends business was not big enough for something like that and she does not have the LIMA status. I would preferably not want to have a whole year off of no work and I would like to be able to provide in some way. It is just difficult as a dog trainer having your career taken seriously or considered a job worthy of a work visa, even though it is quite lucrative!!

Also once I arrive in Canada and my 6 months passport stay starts, should I immediately look into extending my visitor visa or wait as more time passes? I always like to get my ducks in a row beforehand and I believe I have a good reason for staying that I should not have any issues with the extension (intent on becoming a PR with my common-law partner).

As a visitor you can always work remotely for a company in the US, although obviously that wouldn't be in a field that requires interaction with Canadian clients or any hands-on work (like working with dogs).

Typically when a US citizen comes to the border and CBSA allows them entry as a visitor and doesn't stamp anything in the passport, the default time allowed is 6 months. You would only apply to extend that status from within Canada when the 6 months is almost up. If you apply for extension of visitor status, as long as you remain in Canada then you are legally here on implied status until you get the official response on your extension.

Also any trips you take outside Canada during this time (even if a same-day visit to the US), will void any visitor status you currently are on or any extension request in progress, and you'd be re-assessed and given new status (usually 6 months again) upon your next entry.

So if you really wanted to save the $100 fee applying for extension, you can instead always just take a day trip to US to extend your status another 6 months. Only risk here is that any entry can be unpredictable, so if for whatever reason a CBSA officer denied you entry that may put the common-law qualifying in jeopardy.

 

[Dogfather]

Perfect, thank you.

My plan now is to use up the average visitor 6 months while I am there and extend it another 6 months so that I can apply for the PR card after that year is up. I plan on staying the rest of my life so this will be a big step for me (in the right direction) as well as working towards citizenship status. In the meantime, I will more or less just be studying from her home and making money through online subscriptions and videos on patreon. That way, I am getting an income from outside the country.

The very last question I have, which is more hypothetical than anything, if I was to jump the gun and get married. Would I then get my PR card faster and be able to work/pay taxes in Quebec, Canada?

 

[zardoz]

Perfect, thank you.

My plan now is to use up the average visitor 6 months while I am there and extend it another 6 months so that I can apply for the PR card after that year is up. I plan on staying the rest of my life so this will be a big step for me (in the right direction) as well as working towards citizenship status. In the meantime, I will more or less just be studying from her home and making money through online subscriptions and videos on patreon. That way, I am getting an income from outside the country.

The very last question I have, which is more hypothetical than anything, if I was to jump the gun and get married. Would I then get my PR card faster and be able to work/pay taxes in Quebec, Canada?

If you married, you could immediately submit a "Spouse or Common-law Partner in Canada" application, along with an Open Work Permit application. That would save you a year of common-law establishment and the OWP might be granted in as little as 4 months into the PR application...