Please Help!!!!!!ANYONE!!!

[amikety]

You don't have to 'hang your head low' to stay in Canada longer than six months. All you need to do is maintain legal status. I've been in Canada since July 2011 without ever leaving. I'm a US citizen and a visitor. As you can see in my timeline, I just started the PR process after 18 months here.

Once you enter Canada, you can stay until the date on your passport stamp or six months, whichever is first. Before your status expires (preferably 30 days) you go here: http://www.cic.gc.ca/english/visit/extend-stay.asp or to the border and flagpole. If you go to the border, it's best you have your girlfriend with you once she gets her PR. In your case, the online option might be best. If your status expires while you're waiting on the reply, you can stay. It's called Implied Status and covers you until CIC makes a decision.

The hardest part for you will be proving you have funds/means to support yourself, especially with your gf "Not working" at the moment. (She really needs to stop that under the table. If CIC finds out, she's done.)

As a visitor, you're also allowed to look for a job. I'm not going to really comment on the difficulty (my former company doesn't want to do a LMO) but it's possible.

For your current job, try getting an extended leave of absence. Once the baby is born, you might qualify for FMLA (I don't know enough about your company to know if they are covered by FMLA).

Keep in mind, you and your gf need to do something for her to sponsor you. Your current relationship doesn't count. So either you need to get married or bite the bullet and visit Canada indefinitely.

 

[bladap04]

The hardest part for you will be proving you have funds/means to support yourself, especially with your gf "Not working" at the moment. (She really needs to stop that under the table. If CIC finds out, she's done.)

As a visitor, you're also allowed to look for a job. I'm not going to really comment on the difficulty (my former company doesn't want to do a LMO) but it's possible.

I thought I wasn't allowed to work if I'm a visitor in Canada. So if I find an employer how do I get a SIN #? And when it comes time to renew my visitor status, is it ok to tell CIC I have employment if I have a job? I would like to find one.

 

[anticipation]

You are allowed to look for a job, but you have to get a work permit, of some sort, before you work a job and before you get a SIN. It is unclear to me whether CIC would consider you common law or not. I really think you need to talk to an immigration lawyer, because the consequences of your significant other leaving you off of her application are so absolute. If CIC later decides that she should have declared you, you will never be able to sponsor you.

 

[amikety]

I thought I wasn't allowed to work if I'm a visitor in Canada. So if I find an employer how do I get a SIN #? And when it comes time to renew my visitor status, is it ok to tell CIC I have employment if I have a job? I would like to find one.

You have to find an employer willing to hire a foreigner. Unless your profession falls under NAFTA, you'll need to get a LMO from an employer. The employer gets the LMO from the government. The government will approve a LMO if there are no Canadians available for a job. It's quite similar to how your girlfriend got hired.

Getting a LMO isn't easy. Neither is convincing a company to get one. I've tried without success. Others have gotten success.

To get an idea of your area, search www.kijiji.com in the city you would live in inside Canada for "LMO." Keep in mind, the jobs posted there will get thousands of applicants per position.

 

[bladap04]

Getting a LMO isn't easy. Neither is convincing a company to get one. I've tried without success. Others have gotten success.

So if you have been there since 2011, how are you supporting yourself without a work permit or LMO? And are the people you know that had success with convincing a company to get an LMO are still working?

 

[amikety]

So if you have been there since 2011, how are you supporting yourself without a work permit or LMO? And are the people you know that had success with convincing a company to get an LMO are still working?

I saved money before coming to Canada and my husband works. He pays most of our bills.

I know of the people through this forum. I don't know them personally.

 

[rjessome]

You are allowed to look for a job, but you have to get a work permit, of some sort, before you work a job and before you get a SIN. It is unclear to me whether CIC would consider you common law or not. I really think you need to talk to an immigration lawyer, because the consequences of your significant other leaving you off of her application are so absolute. If CIC later decides that she should have declared you, you will never be able to sponsor you.

The definition of common-law partner in IRPR states that the couple must be LIVING together for 12 consecutive months in a conjugal relationship to be considered common-law. This couple has not lived together. How is that unclear? In my earlier post I stated that if he moved to Canada to be with his gf and they lived together for 12 months BEFORE her PR was decided then he must be added to the application. But until they actually meet the definition of common-law, there is nothing for them to do.

 

[bladap04]

I saved money before coming to Canada and my husband works. He pays most of our bills.

I know of the people through this forum. I don't know them personally.

So I'm assuming after a while of looking for work you gave up as a visitor? I plan on quitting my job this week and coming to Toronto to live with my fiancee, because she need my help. She is currently half way through her clinicals now and coming to help her finish so she can get a full time legal job hopefully within the month. I'm bringing money I've saved as well to put in the bank there so we have it if we need it while she finishes her clinicals. When it comes time to renew my status, and if she's working full time, can I say she is the one supporting me at that time?

 

[amikety]

So I'm assuming after a while of looking for work you gave up as a visitor? I plan on quitting my job this week and coming to Toronto to live with my fiancee, because she need my help. She is currently half way through her clinicals now and coming to help her finish so she can get a full time legal job hopefully within the month. I'm bringing money I've saved as well to put in the bank there so we have it if we need it while she finishes her clinicals. When it comes time to renew my status, and if she's working full time, can I say she is the one supporting me at that time?

When I extended my stay (NOT entered Canada originally) I include copies of my husband's paystubs so Canada can see I have support. The forms have changed since I applied in October, but there was a place to explain things as well. If that's still there, you can explain your wife works and support you (once she has a job) and you care for the child. Usually this will be enough for CIC.

Every few weeks, I give up for 2-3 weeks then try again. That gives enough time for jobs to cycle and new positions to open. I find in this case - at least the jobs I apply for - being American is a disadvantage. We know about labor laws and worker's rights, so we aren't desirable.

 

[bladap04]

Thanks everyone who has posted to my issues. I really appreciate the information. I may have a couple of questions later after I come to Toronto.

 

[bladap04]

I am a U.S citizen. I have a common law wife of 6 years that lives in Scarborough ON. She came to Canada as a Live-in caregiver. We have a 15 month old son born in Toronto that lives with her as well. We have a new apartment there as well with both of our names on the lease. (the apartment manager called my employer to verify my employment in U.S)

Currently, she has an open work permit(that is being renewed) and we are waiting for her PR status hopefully this year. (she applied for PR in April 2011). She presently is working for someone under the table as her previous employer could not afford to keep her employed (legally). As soon as her renewed OWP is issued she will be applying for a legal job. I need to come to Canada and help take care of my son and help her get around with my vehicle.

I have been working at Magna in the U.S for 11 years. Is there anyway I can stay in Canada to be with my family considering my family situation and having a Canadian born son. As soon as her PR comes she will be sponsoring me, but until then it may take another year or so before I can legally stay there permanently. I know I can stay being a U.S. citizen up to 6 months at a time, but every time I get to the border to come into Canada they are always asking me how long am I staying here...and I plan to quit my job in U.S to help take care of my kid so mom can work full time. Does anyone have any suggestions as to how I can stay there until PR comes(still 1 year to go). Also when PR does come, what am I going to say if immigration asks where am I living? Thanx !!!

UPDATE!!!!!!!!

OK....here is an update to my situation. I have finally moved to Scarborough. I am living with my fiancee and my 1 1/2 year old son. My Fiancee's situation has changed somewhat. We are waiting for her renewed OWP to come so she can find a legal job. Her OWP situation turned out that she sent in her renewal application too close to the expiring date and immigration didn't start processing her app until after it expired, so she had to pay the restoration fee. She sent it in in Dec of last year and they waited over 4 months to send her a letter stating she needed to send in the fee. She sent the fee in in April and now we are still waiting. Meanwhile, she's not struggling finacially, but her pay is in cash so when it comes time to show proof if she can support me for immigration, well, you understand... I'm not employed obviously coming from U.S. I've been looking for cash jobs here and there with some success. Recently immigration has been looking at her PR application and is inquiring about our relationship status. I'll give you a quote from the letter, which we received yesterday.

"Please note that all family members both inside and outside Canada must be listed on your application form along with a complete address even if they are not applying to join you in Canada. Please provide proof of MAC-(My initials) Canadian Citizenship. If (MAC) is not Canadian, please indicate in your amended application for permanent residence whether you wish to include him as an accompanying dependent or have him examined as a non-accompanying dependent. If (MAC) will be your accompanying dependent, please also submit processing fees of $550.00 for him. If there is a change in your personal circumstances (such as marriage or the birth of a child) please notify Case Processing Centre in writing immediately."

I'm not sure how to proceed from here. They are obviously finally looking at her PR app which was sent in April 2011. I'm just trying to lay low and work my cash jobs until her OWP comes, which hopefully will be soon. We contacted Jim Karrigianis office, an MP for this area to see if they could help expedite her renewal OWP app. they did make contact, but they said that if it wasn't a true emergency then they can't expedite.

Obviously , when her OWP does come it will clear up a lot of very loose ends. After that, I'm not sure what to do about this PR app. Should we just get married and solve the issue of status of relationship? Need some insight...Thanks in advance...MAC

 

[amikety]

There's a strike going on right now.

If CBSA finds out she's working for cash, she'll be deported, Canadian child or not. Same for you. Not sure why you want to risk being deported and banned for two years. (Sponsorship can't supercede this exclusion!) All it takes is one angry, vengeful person to turn you in.

You need to decide if you're accompanying or not. If you'll be a dependant on her PR application or she'll sponsor after she gets her PR. If you do not submit your examination now, she will never be able to sponsor you. That really means never. There are no appeal options if you aren't declared and examined.

Now, you have to be common-law (living together for at least 12 months) or married. If you've been in and out of Canada a lot, visiting her, and not sure if you qualify as CL, send the information to CIC and let them decide. Or wait until you have 12 months this time and apply again, as you probably still have time until she gets her PR for LCP. Both CL and married are treated almost the same for PR. For CL, you have to send declarations by family or friends. For married you have to send the marriage certificate.

It sounds to me like CIC may consider you CL. Make sure you address this and get on her application one way or the other. Do not leave yourself out!

 

[bladap04]

Not sure why you want to risk being deported and banned for two years.

You need to decide if you're accompanying or not. If you'll be a dependant on her PR application or she'll sponsor after she gets her PR. If you do not submit your examination now, she will never be able to sponsor you. That really means never. There are no appeal options if you aren't declared and examined.

Now, you have to be common-law (living together for at least 12 months) or married. If you've been in and out of Canada a lot, visiting her, and not sure if you qualify as CL, send the information to CIC and let them decide. Or wait until you have 12 months this time and apply again, as you probably still have time until she gets her PR for LCP. Both CL and married are treated almost the same for PR. For CL, you have to send declarations by family or friends. For married you have to send the marriage certificate.

It sounds to me like CIC may consider you CL. Make sure you address this and get on her application one way or the other. Do not leave yourself out!

First, let me say I really appreciate your honest and needed comments. What I'm about to say is not directed at you personally.

Ummm...I'm not trying to risk anything. Me and my Fiancee have been playing by the book ever since she got here, and she ended up getting _ucked in the process Because her first employer decided to pull the plug on her sponsorship because she had gotten pregnant. They said it was because they couldn't afford her anymore.......and we have been so patient waiting and waiting for "processing". I just don't understand immigrations stance of "only if it's a true emergency we can expedite a OWP. If she has been without an OWP for 6+ months, how much of a need do you need to see. Thank God she does have cash jobs, because if she didn't she would not be able to survive here. We really like it here. We have began a lot of new roots with friends, churches and counselor's for our child's development. All are really great, but if something like what's happened to her happens through no fault of her own, it's like no one is willing to help correct the issue. So you feel abandoned here with all the red tape. Once a good person and still is, but now have to fight the system just to stay here.

 

[herewecome]

You haven't played by the book as you have worked illegally.

Waiting 6+ months is not an emergency. There are many people on this forum who have waited over a year to live with their Canadian born husband or wife.

I apologise if I sound harsh but there are so many variables that are waiting to go wrong in your case and these have been pointed out with what seems like little consideration - declaring your relationship to CIC and working illegally.

You mention staying in Canada until she gets PR. Where will you be living after that?

 

[amikety]

You haven't played by the book as you have worked illegally.

Waiting 6+ months is not an emergency. There are many people on this forum who have waited over a year to live with their Canadian born husband or wife.

I apologise if I sound harsh but there are so many variables that are waiting to go wrong in your case and these have been pointed out with what seems like little consideration - declaring your relationship to CIC and working illegally.

You mention staying in Canada until she gets PR. Where will you be living after that?

Very true. I've been out of work for almost 2 years. Instead, I've gone back to school (legally).

Also, at some point, your gf needs to accept personal repsonsibility for not submitting her OWP extension soon enough. The directions CIC give are very clear on when to apply. I've never heard of anyone applying within CIC's guidelines having problems. Your "lock-in" date for an application is within a week of receipt (usually 2-3 days). If you only apply within 1-2 days of the expiration of the OWP, then yeah, your lock-in might be after the OWP expires. Frankly - I think your gf isn't telling you the whole story....... because it just doesn't add up.

But if you want to gamble with your future, that's your business. You're now aware of the consquences.