Sponsoring my Common Law Partner - Work permit Waiting Time

[halpert]

Hello Everyone,

I am a new member and stumbled upon your forum as I have been looking for some information regarding the PR application and work permit.

My girlfriend and I have done quite a bit of research on our own and as she is a German citizen, it looks like it will take at least 11 months to get the PR (outland) and 12-18 months (inland).

To give you a bit of background information, my common law spouse and I have been living together (on paper) since December 2010. She came here in December 2010 on a 1 year travel/work visa and worked for a company as a contractor for 6 months and then for that same company as an employee as they agreed to sponsor her visa. Her travel/work visa ended in December but she was allowed to continue working until she received a response from immigrations Canada on her extended visa application sponsored by her employer. Unfortunately the Labour Market Opinion was denied in mid-February and we are looking for a way to get a work visa for her as quickly as possible so she can continue working at her current job. In Mid February she flew back to Germany and returned last week to Canada on a Vistor's visa (6 months).

My main question is: Is there any way for us to get her a work permit quicker than waiting for the first stage approval (11 months)? Also, we don't know whether to apply inland or outland as the waiting times seem to be awfully long for both.

The ideal situation is to have her working here at the same job she has been working at for nearly a year as soon as possible and living in Canada while we wait for her PR to process. The problem is, if it takes 11 months before she can work, this isn't ideal financially or for my girlfriend's sanity! Her company would like her to work ASAP as well.

Thank you for your assistance!

 

[CharlieD10]

No, there really isn't any other way for her to work unless she becomes a PR (Outland) or gets AIP (Inland) before becoming a PR. The time for Berlin is an average of 80% of cases over the last 12 months, by the way. It is not set in stone. So far, I've seen one person on here approved for PR 5 weeks after Berlin received their file. Depending on how well you support your application, it doesn't have to take 11 months for her to be a PR and be able to work again.

Inland would definitely not be to your advantage, since it's that important for her to work, and she is from a visa-exempt country with a potential processing time of less than the 11/12 months AIP would most definitely take.

 

[rjessome]

Hello Everyone,

I am a new member and stumbled upon your forum as I have been looking for some information regarding the PR application and work permit.

My girlfriend and I have done quite a bit of research on our own and as she is a German citizen, it looks like it will take at least 11 months to get the PR (outland) and 12-18 months (inland).

To give you a bit of background information, my common law spouse and I have been living together (on paper) since December 2010. She came here in December 2010 on a 1 year travel/work visa and worked for a company as a contractor for 6 months and then for that same company as an employee as they agreed to sponsor her visa. Her travel/work visa ended in December but she was allowed to continue working until she received a response from immigrations Canada on her extended visa application sponsored by her employer. Unfortunately the Labour Market Opinion was denied in mid-February and we are looking for a way to get a work visa for her as quickly as possible so she can continue working at her current job. In Mid February she flew back to Germany and returned last week to Canada on a Vistor's visa (6 months).

My main question is: Is there any way for us to get her a work permit quicker than waiting for the first stage approval (11 months)? Also, we don't know whether to apply inland or outland as the waiting times seem to be awfully long for both.

The ideal situation is to have her working here at the same job she has been working at for nearly a year as soon as possible and living in Canada while we wait for her PR to process. The problem is, if it takes 11 months before she can work, this isn't ideal financially or for my girlfriend's sanity! Her company would like her to work ASAP as well.

Thank you for your assistance!

She can apply for the 2nd IEC permit under Young Professionals if she qualifies. Check here: http://www.canadainternational.gc.ca/germany-allemagne/experience_canada_experience/young_professionals-jeunes_professionnels.aspx?view=d

 

[halpert]

Thank you both for your informative replies!

My girlfriend was aware of the Young Professionals IEC permit but it seems she was given some conflicting information when she asked about it several months ago. Unfortunately we can't remember why she couldn't apply. Perhaps she could have applied all along... we've read through the qualifications and looks like she would qualify and it would only take about 8 weeks to get it.

We read that she needs to apply outland for this and send documents to the Canadian Embassy in Germany, which seems a bit silly since she is in Canada now. Do you know of any ways around this?

Also, do you know if it is possible to apply for the 2nd IEC permit as well as the outland PR at the same time? This way we could start the process for both now. Thanks again for your help.

 

[rjessome]

Thank you both for your informative replies!

My girlfriend was aware of the Young Professionals IEC permit but it seems she was given some conflicting information when she asked about it several months ago. Unfortunately we can't remember why she couldn't apply. Perhaps she could have applied all along... we've read through the qualifications and looks like she would qualify and it would only take about 8 weeks to get it.

We read that she needs to apply outland for this and send documents to the Canadian Embassy in Germany, which seems a bit silly since she is in Canada now. Do you know of any ways around this?

Also, do you know if it is possible to apply for the 2nd IEC permit as well as the outland PR at the same time? This way we could start the process for both now. Thanks again for your help.

Documents must be sent to the Canadian Embassy in Germany, no way around it. It's not silly because IEC programs are specialized per country as they are based on reciprocal agreements. France is different from Germany which is different from the UK which is different from Australia, etc.

And yes, she can apply for both. They are not connected.

 

[halpert]

rjessome, we can't thank you enough for your insight.

This is clearly our last chance other than waiting for the outland PR to go through. We greatly appreciate you recommending this option that we probably never would have revisited on our own.

Thanks again!

 

[rjessome]

rjessome, we can't thank you enough for your insight.

This is clearly our last chance other than waiting for the outland PR to go through. We greatly appreciate you recommending this option that we probably never would have revisited on our own.

Thanks again!

You're welcome. Good luck.

 

[PMM]

Hi

You're welcome. Good luck.

If she has been outside Germany for more than 18 months in the past 3 years, she is not eligible for IEC. Or if she already has had an IEC working holiday visa.

To be eligible for the Working Holiday category, you must:

be a German citizen who normally resides in Germany;
be between the ages of 18 and 35 (inclusive);
have the equivalent of C$2,500 to help cover your expenses at the beginning of your stay;
be prepared to take out health-care insurance for the duration of your stay – you may have to present evidence of this insurance when you enter Canada;
pay a participation fee; and
not have participated in the Working Holiday category before. As a German citizen, you may participate in International Experience Canada only twice and each time in a different category.

 

[rjessome]

Hi


If she has been outside Germany for more than 18 months in the past 3 years, she is not eligible for IEC. Or if she already has had an IEC working holiday visa.

To be eligible for the Working Holiday category, you must:

be a German citizen who normally resides in Germany;
be between the ages of 18 and 35 (inclusive);
have the equivalent of C$2,500 to help cover your expenses at the beginning of your stay;
be prepared to take out health-care insurance for the duration of your stay – you may have to present evidence of this insurance when you enter Canada;
pay a participation fee; and
not have participated in the Working Holiday category before. As a German citizen, you may participate in International Experience Canada only twice and each time in a different category.

Yep. But the Young Professionals permit is available assuming she hasn't been outside of Germany for more than 18 months in the last 3 years.

 

[halpert]

Hello again,

I just wanted to let you all know that thanks to your suggestions and information my girlfriend received her 1 year young professional visa last week!

I can't believe that a forum posting was the answer to an extremely stressful situation. The application was processed in 3 days, incredible! Thanks again for your expert advice.

As we are now applying for the outland PR (common law sponsorship) I'm sure we'll have more questions soon...

 

[markstimson]

halpert - that's awesome news. Congratulations!

If anyone can help with a question I have related to this topic, that would be amazing. I'm a British Citizen and I met my Canadian girlfriend in London, England (not Ontario!) in Feb 2011. I agreed to move to Canada at the end of her UK visa, and I was granted an IEC visa since I'm under 30. We did not live together in London. I flew to Canada Oct 4th and we started living together from that date as she sorted an apartment for us before I arrived, and my current visa expires on Oct 3rd 2012. I reapplied for a repeat participation to stay beyond this date. Stupidly I missed a signature in the paperwork, the application was rejected, and although I have re sent my application via FedEx yesterday, there's only 1,000 visas left which I reckon will mean I'm going to miss out. My fault.

I entered on Oct 4th 2011 and l will have been living with my Canadian girlfriend for one day short of a year at the end of my visa! We want to apply for Common Law sponsorship and I'm planning to apply to switch to a visitor visa to make up the extra days when it expires to get the one year co habitation we need. Key questions:

1. When I become a visitor will living with my girlfriend during that time count as 'time served' so I can make up the extra day needed before we apply?
2. Is it true that I will be issued an open work permit after the stage 1 process is successfully completed? We will be sending the application to London which is 88 days for the first stage, and then second stage takes an additional 7 months or something.
3. During processing, are there any restrictions to the number of times I can visit her here if I return to London to work for a little while?
4. Lastly I promise! Could I apply for a 2013 IEC visa when that scheme opens in January, even though I will I be going through the common law application? This is only relevant if the answer to question 2 is 'no'.

Any help is hugely appreciated as it's been a source of great stress for me these last few days...international love hey!

Thanks.

 

[emily_anya]

Hi! I am kind of in the same boat as you, I met my partner here in Toronto and decided to move here permanetly with him. I got my IEC work visa from April 11 2011 to April 11 2012 and in this time we lived together so we are eligible for the common law visa. I did the same as you and applied for my second year visa but it was rejected due to the fact i hadnt lived in the UK for 18 months in the last 3 years. So my work hired me a lawyer and he suggested that I apply for an extension of my work permit whilst my common law visa application is going on. Providing you have a job where the company are willing to apply for an LMO, its a simple process. Even though I am not likely to get the extension because I dont qualify as a "skilled" worker, I am given implied status which basically means I can carry on as I am until they get round to looking at my extension application and telling me no (or possibly yes!) the average processing times for this is about 3-4 months so this shortens the 11 month time period given for the common law visa application to be processed. Its not ideal but unfortunately thats my best option. my answers to your questions...
1 - yes you can stay as a visitor (drive to the US border and re-enter will give you a visitor visa as we are from the UK) and you can continue to count these days as time towards your common law visa.
2 - you wont get a work permit without applying for one. you either need to wait until 2013 scheme opens or apply for an extension.
3 - no, becuase we are from UK, we dont need a visa. Just explain you are waiting for your visa to come through and are visiting you girlfriend. However, if you do leave, this can go against you for your common law visa. They say that only time spent apart should be due to family emergencies etc. you sould remain with your partner unless otherwise not possible.
4 - yes you can apply for more thatn 1 type of visa at the same time!

hope this helps I know its a stressful situation!!

 

[Ryathe]

Hi! I have the same question as yours - no 2.
I've been asking around about this possibility to get a work permit after ~80 days if you apply from the outside. But then I found this on the immigration's webpage:

Inside Canada

average of 12 to 18 months to process routine applications
no right of appeal
you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)

Outside Canada

average of 6 to 12 months to process routine applications
right of appeal
you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
if you want to work in Canada while your application is being processed, you must apply for a regular work permit

So I understand that a "regular work permit" requires a job offer, doesn't it? Which means that the potential employer needs to get approved by the Labour Market...which I've heard is really difficult.

Or am I wrong? - which I hope I am.

emily_anya - you're applying from Canada, right? Can you tell me what you meant in answer 2? Did you mean the kind of work permit you get with IEC?

And speaking of IEC, it seems you're in a better situation anyway. At least they don't ask you to wait 6 months between the programmes as they do in Poland.

 

[Graihn]

Bumping this topic...

In regards to the last post:

Does "regular" work permit mean my employer needs an LMO?

My visa expires on December 31st 2013, and I will be applying for a PR through common-law sponsorship in January.

I guess this means if we get the application to HRSDC before Dec 31st I will be under implied status until they have made a decision?

 

[canuck_in_uk]

Bumping this topic...

In regards to the last post:

Does "regular" work permit mean my employer needs an LMO?

My visa expires on December 31st 2013, and I will be applying for a PR through common-law sponsorship in January.

I guess this means if we get the application to HRSDC before Dec 31st I will be under implied status until they have made a decision?

Yes, a regular work permit requires an employer to obtain a positive LMO.

To clarify, HRSDC just processes the LMO application. Submitting the LMO app does not in any way affect your immigration status in Canada.

If your employer receives a positive LMO from HRSDC, you must then submit a work permit application to CIC prior to expiry of your current status in order to get Implied Status.