Temporary Worker Looking to Bring In Partner

[scully]

I am working in Ontario on a Temporary Work Permit that is valid for three years. I came into Canada through an inter-company transfer, and have been here 12 months.

My partner of 2 years is a US citizen, and lives in the USA. He and I have not lived together, as we have not yet legally been able to live in the same country for visa reasons. He is currently trying to get a Canadian temporary work permit himself, so that he can move here and we can start building our 'co-inhabitant status'.

He works for a family restaurant chain in the US that is also present here in Ontario, but is a franchise here rather than corporately owned.
While he is trained in lower-management and is certified by the brand to train new floor staff (servers, cooks, hosts, etc), he is by no means a 'senior' staff member. He has a high school diploma and his on-the-job experience behind him.

a) I don't think he'll get a positive LMO, because despite his in-company training, he's not 'high up' enough really to say that no Canadian could do his job. Is this a fair assumption? Is it really hard to get a positive LMO?
b) an inter-company transfer is unlikely because of the franchise/corporate relationship, and also we'd have to really convince the restaurant here that they want to hire him

c) if we get married, can he move here? I'm not a Canadian citizen.

Is there some way we can make this work for us? We just want to be both able to live in the same country.

 

[Leon]

a) Getting a positive LMO means that either no Canadian (or PR) was found that was qualified for the job or that no Canadian (or PR) was found that wanted the job. It could mean that the job is skilled and there is a shortage of such skilled people in that area or it could mean that the job is low skilled but hard and/or badly paid and nobody really wants it.

c) If your work permit is skilled and you get married, your spouse can enter Canada with a copy of your marriage certificate and a copy of your work permit and apply for his open work permit at the border and get it immediately if all goes well. He could also come to Canada without applying at the border and apply from inside Canada through the website but then it would take a few weeks.

 

[scully]

Thanks so much Leon.

This is the first time I've heard about the Open Work Permit, but it seems to suit our situation.

However, we haven't lived together as he's a US citizen and I'm a New Zealand citizen.

"Section 2 of the Immigration Regulations, defines spouse as:"an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year."

Does this not apply to us, as I'm only here temporarily?
If we present a marriage certificate dated a few months prior to his application for an Open Visa, would this raise eyebrows?

 

[rjessome]

Thanks so much Leon.

This is the first time I've heard about the Open Work Permit, but it seems to suit our situation.

However, we haven't lived together as he's a US citizen and I'm a New Zealand citizen.

"Section 2 of the Immigration Regulations, defines spouse as:"an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year."

Does this not apply to us, as I'm only here temporarily?
If we present a marriage certificate dated a few months prior to his application for an Open Visa, would this raise eyebrows?

Probably not. Married is married. It's an open work permit. You and your partner don't need visas.

 

[Leon]

Temporary foreign workers are allowed to bring their spouses as long as other issues such as overstay risk have been taken into account. If your work permit is valid for 3 years, it is not like it is a requirement that you stay single during that period.

 

[scully]

Ok, so as I understand it, if we marry in the next 6 months, he will be able to apply for an Open Work Permit by presenting our marriage certificate and a copy of my Temporary Work Permit.

The fact that we have been married less than 12 months, and have not lived together, will not be an issue. We will not be required to provide proof of this.

I can financially support him until he gets a job.

This all means the process should be straight forward and successful, yes?

Is he better to apply at the border, or from within Canada while here as a visitor?
Can he apply, get the Open Work Permit, then leave Canada again to tidy up his affairs in the US before officially moving to Toronto? He would likely remain employed in the US until his Open Work Permit is approved, to make sure he's not left unemployed should he not be given approval.


Thanks for your help folks, I'm actually starting to feel optimistic about this whole mess for the first time in a long time.

 

[Leon]

I have never heard of temporary foreign workers having to provide proof that their relationships or marriages are real. If you are a PR and are sponsoring a spouse for PR, then you have to prove all kind of things but they don't seem to think that somebody would enter into a sham marriage just to get an open work permit.

I would say he should apply for the open work permit at the border. Might be even better if you enter Canada together. He needs $150 to pay for it as well. He could apply from inside Canada but then he has to wait. Applying at the border means he gets the work permit right away or if he is denied for any reason, he knows right away. As a US citizen, he is visa exempt and can travel between the US and Canada at will. Of course it is always up to the Canadian IO's who they let in but being visa exempt and having a valid open work permit makes it very unlikely that he would be denied entry at any point.

 

[scully]

Thank you Leon, very much. I really appreciate your information here.

 

[shubash]

One of my friend has got an extended work permit and now he can bring his wife and 9 year old son to Canada ,,

Would you please let me know what will be visa fee for his wife and 9 year old son....

 

[scully]

I have a further couple of questions, if anyone has time to comment:

1) As a US citizen, will my (soon to be) husband require a medical prior to coming into Canada?

2) Will he be required to provide proof of funds to support him while he's here?

3) What sort of 'proof of ties' is required, and as a US citizen is he likely to be quizzed on this? I have proof of ties to NZ (all of my family are there, my work permit here is temporary, and I'm employed with the same company I work for back home - I'm returning to them, etc) - will this suffice for him as we plan to return to NZ together?


Thanks! ;D