Sponsorship to my husband after “Allowed to leave”

[Fony]

Hello, friends. First of all happy New Year’s Eve, not that good for me tho...

recently I was living with my boyfriend in my apartment and I’m under work permit conditions in Canada.

my boyfriend is actually under and eTA but we were not aware that eta is only for flights not by land... here’s what happened. He first came in January and left to US in July (not overstays), he came through Vancouver airport and no stamp was needed. So he had to travel again to not overstay, because by that time we didn’t know that he could apply for a visitor record, because I always use to ask my lawyers to take care of my business. But this time he went in a bus to Seattle not problem at US because he have been to the US a lot and he’s a frequent traveller.
All of his things are in my apartment, and the officers at the border said he couldn’t come back
He signed a form which is called “Allowed to leave”
The officers at the border said he could come back in the next day by flight or even bus in this same border, but carrying a fly ticket to his country, and proof of funds. The thing is I was supporting my boyfriend all this time here in Canada, he doesn’t have much conditions. Now I’m lost about what to do and what would be the fastest way so he could come back to my arms.
Maybe I could ask someone to give him a job offer under positive LMIA. Or even considering marrying in his born country. But to be honest I’m lost.

my boyfriend never did anything illegal in Canada. Never worked, he was away from his work in his country for two years after collecting money to spend all that time with some friends here in Canada and I met him.
Can you guys give some light? I’m sad, about even think we don’t see each other anymore.
Best wishes you all!! and thank you again

Ps: the “husband” is because probably marrying him is the only way? Or the allowed to leave is gonna be bad to try to get the work permit?

 

[k.h.p.]

A job under an LMIA could take months to get.

Getting married and sponsoring takes a year to process.

So he's from Brazil where you need an ETA to fly but a visa to travel by land?

Apply for a visa.

Your boyfriend was not "living" in Canada, he was staying with you as a visitor.

 

[Fony]

A job under an LMIA could take months to get.

Getting married and sponsoring takes a year to process.

So he's from Brazil where you need an ETA to fly but a visa to travel by land?

Apply for a visa.

Your boyfriend was not "living" in Canada, he was staying with you as a visitor.

yes you are right! But what kind of visa he could apply for? Because the only way that it could work if it’s I support him with proof of funds. Which his is kind of low to be honest. What do you recommend?

when I say about the marriage is that I could open a co bank account together and put money, so he would be safe about his proof of funds. It’s a tough situation and sad. He didn’t want to come back in the next flight because he was afraid since the allowed to leave is on the records, so it was better he came back to his home country so we can figure out. He’s also consulting a immigration lawyer in a few weeks.

 

[scylla]

Hello, friends. First of all happy New Year’s Eve, not that good for me tho...

recently I was living with my boyfriend in my apartment and I’m under work permit conditions in Canada.

my boyfriend is actually under and eTA but we were not aware that eta is only for flights not by land... here’s what happened. He first came in January and left to US in July (not overstays), he came through Vancouver airport and no stamp was needed. So he had to travel again to not overstay, because by that time we didn’t know that he could apply for a visitor record, because I always use to ask my lawyers to take care of my business. But this time he went in a bus to Seattle not problem at US because he have been to the US a lot and he’s a frequent traveller.
All of his things are in my apartment, and the officers at the border said he couldn’t come back
He signed a form which is called “Allowed to leave”
The officers at the border said he could come back in the next day by flight or even bus in this same border, but carrying a fly ticket to his country, and proof of funds. The thing is I was supporting my boyfriend all this time here in Canada, he doesn’t have much conditions. Now I’m lost about what to do and what would be the fastest way so he could come back to my arms.
Maybe I could ask someone to give him a job offer under positive LMIA. Or even considering marrying in his born country. But to be honest I’m lost.

my boyfriend never did anything illegal in Canada. Never worked, he was away from his work in his country for two years after collecting money to spend all that time with some friends here in Canada and I met him.
Can you guys give some light? I’m sad, about even think we don’t see each other anymore.
Best wishes you all!! and thank you again

Ps: the “husband” is because probably marrying him is the only way? Or the allowed to leave is gonna be bad to try to get the work permit?

He has been using the eTA to effectively live in Canada which is frowned upon and can be viewed as an abuse of the visitor visa privilege. I would recommend that he wait at least six months before attempting to visit again.

You can try going the LMIA + job offer route, however it tends to be difficult to find employers willing to go through this process. Also, it generally takes an employer 4-6 months to get the LMIA approved (this includes job advertising times).

What is the skill level of your job in Canada? If it's A, B or 0 - then one option would be for you to fly to his home country, get married and then try applying for an open work permit (no guarantee of approval unfortunately).

 

[Fony]

He has been using the eTA to effectively live in Canada which is frowned upon and can be viewed as an abuse of the visitor visa privilege. I would recommend that he wait at least six months before attempting to visit again.

You can try going the LMIA + job offer route, however it tends to be difficult to find employers willing to go through this process. Also, it generally takes an employer 4-6 months to get the LMIA approved (this includes job advertising times).

What is the skill level of your job in Canada? If it's A, B or 0 - then one option would be for you to fly to his home country, get married and then try applying for an open work permit (no guarantee of approval unfortunately).

I’m aware that nothing is guaranteed, unfortunately. It is what it is. I’m actually working at NOC 0. I’m sorry about my knowledge that’s why I really need your advice. And I also gonna talk to a lawyer soon to help me too.

He has a great experience in the area, I think I could present his resumee and probably he could get a job offer. Maybe 70% chance.
What do you think would be faster?

he getting a job offer or I’ll go marry him and apply for an open work permit?

thank you so much for your reply!

 

[k.h.p.]

It's very hard to find an employer willing to pay the $1000 and wait for four to six months for the LMIA to process.

 

[Fony]

It's very hard to find an employer willing to pay the $1000 and wait for four to six months for the LMIA to process.

But if it happens would be the fastest way then the marriage right?
Again thank you for answering!

 

[scylla]

I’m aware that nothing is guaranteed, unfortunately. It is what it is. I’m actually working at NOC 0. I’m sorry about my knowledge that’s why I really need your advice. And I also gonna talk to a lawyer soon to help me too.

He has a great experience in the area, I think I could present his resumee and probably he could get a job offer. Maybe 70% chance.
What do you think would be faster?

he getting a job offer or I’ll go marry him and apply for an open work permit?

thank you so much for your reply!

Fastest would be for the two of you to get married and then for him to try applying for the OWP.

 

[scylla]

But if it happens would be the fastest way then the marriage right?
Again thank you for answering!

No - it would take longer.

The LMIA process alone generally takes 4-6 months.

Much faster for the two of you to get married and then for him to apply for the SOWP immediately.

 

[Fony]

Fastest would be for the two of you to get married and then for him to try applying for the OWP.

I couldn’t be more happier for your response my friend. I think it’s better if we marry them. Just one more question:

when he tries to apply for OWP/SOWP would a co bank account serve him as proof of funds? I just want to make sure I can have him back. No matter what I need to do for my loved one.

 

[Fony]

No - it would take longer.

The LMIA process alone generally takes 4-6 months.

Much faster for the two of you to get married and then for him to apply for the SOWP immediately.

Thank you so much for your response!! I think we will have to do so. I know I asked our friend above but I’ll address to you too, knowledge is never enough so... a co bank account (marital one) serves him for proof of funds? With a good amount of money I mean.

 

[scylla]

Thank you so much for your response!! I think we will have to do so. I know I asked our friend above but I’ll address to you too, knowledge is never enough so... a co bank account (marital one) serves him for proof of funds? With a good amount of money I mean.

Yes - it can. However he will also want to show strong ties to his home country to have a high chance of being approved. This will be more difficult for him to do since he's been with you in Canada for a while now. This will be the tricky part. I assume he has returned home and will apply from there.

 

[Fony]

Yes - it can. However he will also want to show strong ties to his home country to have a high chance of being approved. This will be more difficult for him to do since he's been with you in Canada for a while now. This will be the tricky part. I assume he has returned home and will apply from there.

he has strong ties already this is the good part. Lease contract, company (small one), all bills in his names, car. I don’t know if it’s enough be we will never know.

And yes he’s back in his home country and he will apply from there. But I have to go first to get married! I just need a 20 days break from work to do so. But I hope it works.

 

[scylla]

he has strong ties already this is the good part. Lease contract, company (small one), all bills in his names, car. I don’t know if it’s enough be we will never know.

And yes he’s back in his home country and he will apply from there. But I have to go first to get married! I just need a 20 days break from work to do so. But I hope it works.

Good luck.

 

[Fony]

Good luck.

Thank you so much and best wishes in your life. I hope you’re happy and healthy!
Happy new year’s eve!