Skilled worker and provintial nominee programs:more than 1 application possible?

[gacillo2]

Hello everybody and happy New Year,

I hope you are doing well. My girlfriend and myself are trying to figure out how to get to Canada. We are reviewing each available immigration stream. As skilled workers we are thinking of applying either through the Skilled Worker Program or the Provintial Nominee Program (Standalone Quebec case also possible).

As we intend to apply as a couple (common-law partner) we are trying to figure out who will be the first applicant among us. I am Spanish and she is French. Same work experience time. I have already been in Quebec as a student (4 months stay). Depending on wich application stream we apply through (SWP, PNP or Quebec Program) who do you think should be the one with more chances to succeed?

Another question: is it possible to run two applications in parallel, one with her as first applicant and another one with myself as first applicant?

Thank you very much in advance

 

[Leon]

You can have two applications running at the same time. It's hard to say which method is faster. Depends on your luck too.

To apply directly to a provincial nominee program, you usually need a job offer.

To apply as a skilled worker, if you are not already in Canada, you need either a job offer or an occupation on the most wanted list. If one of you has that, then that is the one who should be the primary applicant for FSW.

For QSW, you do not need a job offer.

 

[gacillo2]

Thank you very much Leon.

I still have a question: let's say we run an application for QSW. Who do you think should be the first applicant? I have been in Quebec as a student (4 months), my girlfriend is french. Which factor do you think counts more?

Best regards

 

[Leon]

Each of you should do the assessment at http://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/permanent-workers/epi.html and if you both qualify, then you both have enough points to apply and it will not matter which one is the primary.

 

[Suin]

You can have two applications running at the same time. It's hard to say which method is faster. Depends on your luck too.

are you sure that ot's possible to have two applications running at the same time? which categories they can be?

 

[Leon]

CIC has already said it is possible for people with an old FSW application to apply again under the new rules without cancelling. It is also possible to have a PNP going a the same time as an FSW although you should tell the PNP that you want to keep both, otherwise if they know you applied through FSW, they might tell CIC at your nomination that your FSW is now a PNP.

Apparently, there are no rules forbidding you from having many applications going so what is not forbidden is allowed.

Of course you'll be paying application fees for each of your applications so it might not be cost-effective to have a lot of them going.

 

[Suin]

thank you for your reply, Leon. is it possible to apply for sponsorship an care-giver program at the same time?

 

[Leon]

I don't see why not but why apply for both? If you qualify for one, you will get your PR.

 

[Suin]

the problem is time taken by application, especially if it's parental sponsorship.

 

[Leon]

So you want to apply to sponsor your mother but also get her as a live-in caregiver in case it's faster?

There are a couple of problems I can see with that. Your mother has to qualify to work as a live in caregiver. If she doesn't have at least a one year experience, she will need to take a 6 month course. Then to get her into Canada, they have to believe she has ties to her home country and will leave again. If you are already applying to sponsor her, they may find that hard to believe. Lets say you manage to convince them that she will return to her homeland after working as a live in caregiver and you hire her. Then it means she can come and join you faster but it also means it's going to be 2 years at least until she can apply for her PR and maybe a year to process so with the 6 month course, applying for a work permit, 2 years working as a live in caregiver and a year to process her application, your parental sponsorship might be close to getting done already.

If you can convince them anyway that she will not overstay, you could also get her to join you on a TRV rather than hire her. You can apply to extend that as well.

 

[Suin]

thank you for your reply, Leon. we are just trying to look at any possible ways. it's hard to believe that TRV extension can be granted 3 years in a row.

 

[job_seeker]

So you want to apply to sponsor your mother but also get her as a live-in caregiver in case it's faster?

There are a couple of problems I can see with that. Your mother has to qualify to work as a live in caregiver. If she doesn't have at least a one year experience, she will need to take a 6 month course. Then to get her into Canada, they have to believe she has ties to her home country and will leave again. If you are already applying to sponsor her, they may find that hard to believe. Lets say you manage to convince them that she will return to her homeland after working as a live in caregiver and you hire her. Then it means she can come and join you faster but it also means it's going to be 2 years at least until she can apply for her PR and maybe a year to process so with the 6 month course, applying for a work permit, 2 years working as a live in caregiver and a year to process her application, your parental sponsorship might be close to getting done already.

If you can convince them anyway that she will not overstay, you could also get her to join you on a TRV rather than hire her. You can apply to extend that as well.

Hi Suin,

If you have already submitted an application of sponsorship for your Mom, you can try applying for a TRV for her (as Leon has suggested). Explore "dual intent" where you are sponsoring her to become a permanent resident but should the permanent residency not be approved, she'll go back to her home country.


http://www.canadavisa.com/immigration-canada-dual-intent.html

Dual Intent refers to the concurrent processing of an application for Permanent Residence and an application for Temporary Status, therefore demonstrating the intention to both reside in Canada permanently and only temporarily, at the same time.
Although this may appear contradictory at first glance, in fact it is possible. Imagine, for example, the following scenario:

An individual submits an application for a Canada Immigration Visa. Before receiving the Canada Immigration Visa, the individual wishes to visit Canada for a short time and applies for a Temporary Resident Visa (TRV), or appears at the Port of Entry, if a national of a TRV exempt country. This is perfectly acceptable as long as the individual intends to leave Canada at the end of the visit.

The same principle applies to individuals who are in the process of applying for a Canada Immigration Visa and wish to obtain a temporary Work Permit or Study Permit.

An individual whose application for Permanent Residence in Canada is pending is subject to the same requirements as others when seeking entry into Canada temporarily. The individual should therefore have a reasonable purpose for entry, be prepared to leave Canada at the end of the temporary stay and understand that if a Canada Immigration Visa is issued, he or she must leave and re-enter Canada in order to officially land as a Permanent Resident.

An application for Temporary Status may be scrutinized more closely when a Permanent Resident application is under review, as there is an obvious intention to settle in Canada permanently. If the individual's ties elsewhere can be demonstrated, however, an application for Temporary Status should succeed.

 

[Leon]

thank you for your reply, Leon. we are just trying to look at any possible ways. it's hard to believe that TRV extension can be granted 3 years in a row.

There was a person here who had that happen. She was a spouse living in Canada on a TRV, extending, always giving the reason as "exploring relationship". I suppose she also had enough cash to prove being able to support herself without working or her boyfriend supporting her. The same you could do with mom, sign a letter stating you are supporting her while waiting for her PR. Maybe you should talk to an immigration lawyer about your options. If she were denied to renew her TRV at some point, maybe you could apply for a TRP based on H&C reasons.

 

[Suin]

Hi Suin,

If you have already submitted an application of sponsorship for your Mom, you can try applying for a TRV for her (as Leon has suggested). Explore "dual intent" where you are sponsoring her to become a permanent resident but should the permanent residency not be approved, she'll go back to her home country.

no, we haven't started her application yet. just thinking if a better way - apply for her TRV first or for her sponsorship and then TRV.

 

[Suin]

There was a person here who had that happen. She was a spouse living in Canada on a TRV, extending, always giving the reason as "exploring relationship". I suppose she also had enough cash to prove being able to support herself without working or her boyfriend supporting her. The same you could do with mom, sign a letter stating you are supporting her while waiting for her PR. Maybe you should talk to an immigration lawyer about your options. If she were denied to renew her TRV at some point, maybe you could apply for a TRP based on H&C reasons.

we have enough money to support her - that's out of question. there should be really good reason to keep her in Canada on the extensions. TRP based on H&C reasons will not get in conflict with her sponsorship?

thank you very much for all the responses.