Super Visa and Work Permit?? Please Help!!

[stefanieroxx]

Hi Everyone,

I am a UK citizen and my partner is Canadian, we currently reside in the UK. Together we have a 3 year old daughter and we plan to move to Canada within the next 5 years. My parents who are also UK citizens would like to come with us to stay close to our daughter (and us of Course). I have done my research and I am aware of a few visas that they may find useful. The skilled worker (which has been paused to all new applications) and a family visa (which has also been put on hold for 24 months). Obviously we can't apply for the latter until we are both in Canada and earning enough to provide financial support to my parents to sponsor them.

I have recently noticed the new 'Super Visa' which allows parents and gradparents to live in the country for 2 years at a time for up to 10 years. This seems the most ideal option as the current time scales for family visas are up to 8 years to be processed and this is a long time to be seperated. However, the 'Super Visa' does not allow the traveller to work as it is simply just a tourist visa. You have to prove that you have no intention of remaining in the country for any other reason than to be a tourist. However, my parents wouldn't be able to live in the country for 8 years as tourists and I was wondering if it would be a possibilty for them to be offered employment whilst using the super visa and then gain a work permit using the employment offer.

If such a thing could be done, would there be specific requirements for the type of work that they would need to obtain a work permit?? Like from the list of skilled workers?? I'm not sure if this would be allowed as it would essentially bypass the usual immigration procedure by using your family super visa to do so.

I just can't find this information anywhere. Other than us moving over when they have retired, which isn't for another 10 years I'm at a loss.

All advice welcome

Thank you!!

 

[scylla]

Sure - I supposed they can come here on a super visa and try to find work. In order to qualify for a work permit, they will first have to find an employer who is willing to give them a job offer. That employer will then have to obtain an approved Labour Market Opinion (LMO). As part of the LMO process, the employer will have to prove that the job was advertised and no Canadian could be found to take the role. IF the LMO is approved (not all are), your parents could then apply for a work permit. It's fairly difficult to find employers who are willing to go through the LMO process since it takes time and work - and there's no guarantee of approval.

Note that at this time, your parents do not qualify for a super visa. You will need to become a PR first (only PRs and citizens can apply to bring their parents over on a Super Visa). You and your wife will also need to meet minimum income requirements before the super visa application can be submitted.

 

[stefanieroxx]

Thank you for your response.

So...just to clarify; I would have to be a PR in order for them to gain a SV (super Visa). This brings me to another question. As we live in England, and my partner is Canadian he would have to sponsor me, although, he wouldn't be able to really as he doens't have employment in Canada and therefore we wouldn't meet the requirements for him to sponsor me. Am I allowed to live in Canada as a temporary resident then apply for PR when my partner has a job to support me? Or do we apply over here and then move over once I do have PR? As he is a Canadian Citizen who lives outside of Canada it makes everything a little more difficult and complicated.

Also, would it be easier to apply for dual nationality and how difficult is this to achieve. I'm hoping that when we do move we can both obtain employment and therefore sponsor my parents. But, the ideal thing would be for them to come over and get a job themselves. Thank you for your advice. I'm glad to know that there would be a chance (even if it is slight) that they could find work.

Stefanie

 

[scylla]

Yes - you must be a PR before they can apply for a super visa.

If you are interested in Canadian citizenship (dual nationality), you must become a PR first and then live in Canada for three out of the last four years. Becoming a PR is essentially the first step for everything.

For more information about the spousal sponsorship process, I'd recommend you start by reading the first post in the following thread. Your partner can sponsor you while you are both living in the UK. However your sponsor will have to provide concrete proof that you plan to move to Canada to live once your PR status is granted:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[stefanieroxx]

Thanks Again!!

That has helped a lot. It is going to be a lot easier to support ourselves if we can both work when we arrive in Canada. Hopefully, when the time comes for us to move the timescales for a Family Visa will be a lot less, now that they have paused all applications for 24 months. I know that the lowest income we need to aquire is $28,000 CAD, and I think that is for both of us? Is it the same if we're supporting 2 people?? I should really look that up.

It does make the idea of immigrating a lot more attractive knowing that they won't let just anybody enter the country, unlike the UK where anybody can move here.

Thank you

 

[scylla]

Actually, it would probably be safe to assume that the minimum income requirements for sponsoring parents/grandparents for PR are going to increase once the freeze is lifted. (At least that's what many of us believe.) So what the income requirements used to be may not be a good indicator of what you can expect for the future.

To calculate your minimum income requirement for sponsoring your parents for PR (once parent sponsorship applications are being accepted again), you'll have to calculate the total number of people in your household now (I believe that's three) and then add your parents. So you would have to meet the minimum income requirements for 5 people to sponsor your parents for PR (once applications are being accepted again).

There's also a minimum income requirement for the super visa. To determine your minimum income, you'll need to count yourself, your partner, your child (it sounds like you have one?) and then your parents. Minimum income to support 5 people and qualify to apply for the super visa is $47,710:

http://www.cic.gc.ca/english/information/applications/guides/5256ETOC.asp#incometables

 

[stefanieroxx]

I see, hopefully my partners salary would cover that anyway. So fingers crossed the minimum income won't increase too dramatically.

Thanks again for your help and advice, I think that it's a good idea to get an idea of the boundaries we'll have to overcome but like you mentioned, by the time we apply things will most likely be different.

I should probably keep my eye on things and try to apply sooner rather than later to avoid any drastic changes to the requirements set in place now.

Stefanie

 

[larryUK]

Thanks Again!!

That has helped a lot. It is going to be a lot easier to support ourselves if we can both work when we arrive in Canada. Hopefully, when the time comes for us to move the timescales for a Family Visa will be a lot less, now that they have paused all applications for 24 months. I know that the lowest income we need to aquire is $28,000 CAD, and I think that is for both of us? Is it the same if we're supporting 2 people?? I should really look that up.

It does make the idea of immigrating a lot more attractive knowing that they won't let just anybody enter the country, unlike the UK where anybody can move here.

Thank you

So was it easy for your husband to get into the UK, what's his current status here?

I will be hoping to get PR in Canada with my girlfriend soon to be wife but there is always the fall back plan that she could move here, especially if it's easy as you and everyone says. Can't knock it too much as it allowed you to be together.

Good luck I would concentrate on getting PR in Canada and establishing yourself there first before even worrying about the parents.

 

[stefanieroxx]

Hi,

My partners Dad is Canadian and his mum is a UK citizen, he has a Canadian passport but has the 'Right To Abode' here which apparently is the best you can get if you're not a UK citizen. He's automatically granted that right as his mother lives here. I wish I could help with your situation. I agree with you regarding getting ourselves sorted there before considering how to get my parents out there. Although, they could also get a visa as skilled workers so they could always go down that road once they've lifted the pause on applications. Good luck to you and your future wife.