Trying to get my Australian fiance to get his landed immigrant!!

[Charlie13]

Heres the situation:
My Australian fiance is on a work visa, good for another 3 years. He can't seem to get his landed immigrant through, he's not a skilled worker.
I see 2 options. First, I sponsor him, it takes another 17 months waiting time (where he STILL can't start a career in the trades since its for Canadian Citizens only), and after that there is the chance I will have to support him financially for up to a year (it was 8 months for his brother) which is hard to see us affording.
Second, we both work for my parents company. Is there any way for the company to sponsor him? If we get the 'best' immigration lawyer and go to the minister will that help??
If we can't do this, we are going to have to move to Australia for him to get a career, then come back. It's all just taking too long and too much wasted time!
Getting desperate...

 

[Pippin]

If he has a trade skill, could he look at getting a job offer in your province and go the PNP route if you don't want to get married? I don't know which Province you live in, but check the different rules. Otherwise, wouldn't he qualify for CEC after two years working in Canada? CIC keep saying they plan to change the FSW requirements to favour trades. Be on the look out for information on that, too. He may soon qualify for FSW. He is already in the country with a three year work permit - seems to me he is one of the lucky ones with a good number of options open to him. Need to know more details to come up with any more solutions. Where are you coming up against brick walls???

 

[OhCanadiana]

Heres the situation:
My Australian fiance is on a work visa, good for another 3 years. He can't seem to get his landed immigrant through, he's not a skilled worker.
I see 2 options. First, I sponsor him, it takes another 17 months waiting time (where he STILL can't start a career in the trades since its for Canadian Citizens only), and after that there is the chance I will have to support him financially for up to a year (it was 8 months for his brother) which is hard to see us affording.
Second, we both work for my parents company. Is there any way for the company to sponsor him? If we get the 'best' immigration lawyer and go to the minister will that help??
If we can't do this, we are going to have to move to Australia for him to get a career, then come back. It's all just taking too long and too much wasted time!
Getting desperate...

From context, I'll assume you a Canadian citizen (or PR). If so, if you and your fiancé have lived together for a year you could sponsor him. You'd have to prove you're affairs are intertwined and that there haven't been large gaps in your time living together. Otherwise, when are you planning to get married? Because once you are married, you could sponsor him as your spouse. Either option would likely take max 10 months (first step is taking 89 days and Australia is one of the faster visa offices with decisions made for 80% of cases within 7 months). Thus, he should be done before his work visa expires so he should have continuity in his ability to work in Canada. If he needs to be a citizen for specific work (vs a PR) for specific work he'e trying to switch into, he could apply for that that 3 years after he lands as a PR (assuming he hasn't traveked out of Canada) and could switch jobs once his application is approved.

Pippin gave you other options so as she said, he's lucky to have options based on what you've shared so far. If we're missing something, please give us more details so we can try to help you out.

 

[Charlie13]

First - thanks for the response!
A little more info: Yes I am a Canadian, and we are getting married this August. We are common law, been together for over 2 years, and live in Alberta. I don't have a problem sponsoring him and am sure it would go through. Just hesitant because the waiting times.
As stated on CIC's website for processing times for family sponsorship:
While we are in Canada, 11 months for step 1 and 8 months for step 2
He is just getting anxious really wanting a career, stuck as a labourer, wanting a trade so the 17 months is a long time to wait considering everyone we have talked to who has done this has not been able to work for additional minimum 8 months after the PR is granted (to prove I can support him). He has family here as well so we would like to stay, but not sure if we can sacrifice 25 months in Canada waiting when we could move back to Australia after we're married and him get his career on the go asap.
As for PNP, he does not qualify since he does not have a trade or post secondary.
For CEC, same idea he does not have a skill. As I said being a laborer he does not qualify for these. FSW, same thing, for skilled workers only.
My parents own a company that employs plumbers, me being one of them, and my fiance works here as a laborer. Is there any route my dad could take to get his immigration done so he can become a plumber for the company? My parents are very willing to do what it takes, but I have not heard any stories of an unskilled immigrant migrating without family sponsorship. They mentioned getting a lawyer involved, but as I see it legislation doesn't have much grey area.

I just want to know if there is any chance of getting him immigrated faster than me sponsoring him. I really appreciate your helpful information!

 

[scylla]

You should sponsor him outland - not inland. Way way way faster.

And yes - you can apply outland while in Canada.

 

[scylla]

Just to add - from an immigrating to Canada perspective - you sponsoring him outland is the fastest option available.

The processing time on the CIC site for outland isn't an average - it's how long it took CIC to complete 80% of applications. This means many get through significantly faster. My husband's application (for example) was processed in four months total. At that time the processing time for Mississauga (first step of outland) was around a month and a half and the official processing time for Buffalo was between 9 and 11 months (can't remember exactly).

 

[Charlie13]

Thanks scylla- we are looking into applying outside Canada.
If we did, I would apply for my Australian Immigration, and would be a temporary resident in Australia while applying. Does this make a difference?
Did your husband have a time frame where he could not work after the paperwork went through?

The other downside to the family sponsorship is you can't leave the country while applying! Any stories on that?

 

[scylla]

Thanks scylla- we are looking into applying outside Canada.
If we did, I would apply for my Australian Immigration, and would be a temporary resident in Australia while applying. Does this make a difference?
Did your husband have a time frame where he could not work after the paperwork went through?

The other downside to the family sponsorship is you can't leave the country while applying! Any stories on that?

You're confusing outland and inland rules for family/spousal sponsorship. There is no restriction on leaving the country if you apply outland.

Both of you can remain in Canada while the outland application is being processed. If you decide to live in Australian during this period, you will have to include proof with the spousal sponsorship application that you (as the sponsor) have concrete plans to return to Canada and make Canada your home again once your partner's PR status is approved.

I don't understand your question about working after the paperwork went through. Applying outland does not give you permission to work in Canada. With the outland application process, you're not eligible to work until your PR status has been approved and you have landed in Canada as a PR.

 

[Charlie13]

I think I am confused on the difference between applying inland and outland!
Can you explain to me the difference?
He is on a work visa at the moment, could he still work legally during the outland application process on his visa?

 

[OhCanadiana]

You're confusing outland and inland rules for family/spousal sponsorship. There is no restriction on leaving the country if you apply outland.

Both of you can remain in Canada while the outland application is being processed. If you decide to live in Australian during this period, you will have to include proof with the spousal sponsorship application that you (as the sponsor) have concrete plans to return to Canada and make Canada your home again once your partner's PR status is approved.

I don't understand your question about working after the paperwork went through. Applying outland does not give you permission to work in Canada. With the outland application process, you're not eligible to work until your PR status has been approved and you have landed in Canada as a PR.

To build on this, your husband could continue working on his existing work visa while you are processing the PR application. Your sponsorship would not cancel other existing visas he has (often times folks will use their tourist visas, for example, to visit their spouses in Canada and wait-out the process).

As an Outland applicant you don't have the travel restrictions you do as an inland applicant - in fact, the challenge generally would be traveling out of Canada but rather gaining entry into Canada if you don't have a visa and/or ties to your other country. Given the work visa, these issues are not relevant in your case.

Thanks scylla- we are looking into applying outside Canada.
If we did, I would apply for my Australian Immigration, and would be a temporary resident in Australia while applying. Does this make a difference?
Did your husband have a time frame where he could not work after the paperwork went through?

The other downside to the family sponsorship is you can't leave the country while applying! Any stories on that?

You would not need to be a temporary resident of Australia. Your husband would apply Outland through the Australian office based in his nationality.

You can see the processing times for 80% of the applications at http://www.cic.gc.ca/english/information/times/perm-fc.asp and with greater detail at http://www.canadavisa.com/canada-immigration-discussion-board/case-processing-speed-at-visa-offices-step-2-t102206.0.html (e.g., 20% of applications are completed in 2 months in Australia).
You would use the application at http://www.cic.gc.ca/english/information/applications/fc.asp to sponsor him Outland. You can apply now and just let them know in August once your status shifts - just make sure you submit evidence of your common-law status.

 

[OhCanadiana]

I think I am confused on the difference between applying inland and outland!
Can you explain to me the difference?

Applying Outland vs Inland is a matter of where your application is processed.

You can only get your application processed Inland if you are in Canada and if you choose to travel outside of Canada and can't get back in to Canada then your application is considered abandoned and you have to start over applying Outland.

You can always apply Outland, regardless of where you live, at the Visa Office that corresponds to your nationality or that of a country where you can legally live for a year. In your fiancé's case you could apply through Sydney based on his nationality even though he is in Canada.

Given that stage 1 alone takes 11 months in Canada and that 80% of the cases are completed faster than that in Sydney, there really is no reason for him to apply inland (different incentives vs. visa offices that take 24 months to process applications!)

 

[Charlie13]

Thank you so much to everyone for the helpful information!
I had no idea you could apply outland. That is really the way to go!