Unsure of which immigration option

[LouisFryer]

Hi

Not sure if this is the correct place for this thread so please feel free to move if not.

I am looking to emigrate permanently to Canada from the UK to be with my girlfriend who is a Canadian citizen whom I met at university in England. We have been together over a year but due to student housing situation we have not been living together and have no financial assets. She is moving back home following completion of her masters degree to study for her BAR exam to become a lawyer and I have a masters degree in Psychology. I would be looking to join her and work in Canada for the foreseeable future.

What would be our best route? Could she sponsor me as a "conjugal partner" or do I need to have a job offer first to obtain a work permit?

We are finding this process quite confusing, any help on this would be much appreciated!

Thanks
Louis

 

[JamesBarnes]

Hi!

Fellow Brit here!

You wouldn’t be able to go down the conjugal route unfortunately. It’s for couples who’s circumstances prevent them from getting married (usually from countries where gay marriage is illegal/not recognized). You also can’t go down the common law route at this time as you have not been living together for a year.

Your only option for the Family Class would be to get married and then apply either Outland or Inland. Both of those are as they sound. Outland means you would remain in the UK for the process while Inland means you would be in Canada for the process. If you go via the inland route, you can apply for an Open Work Permit which you typically receive 3 to 4 months into the 12 month processing period for Permanent Residence.

Other than that, your would have to look into other ways of coming to Canada on your own. You mentioned you’re from UK, if you’re under 30 there’s the 2 year IEC working holiday visa (originally how I came to Canada) and then other options such as Express Entry which would lead directly to PR status.

 

[Copingwithlife]

Hi!

Fellow Brit here!

You wouldn’t be able to go down the conjugal route unfortunately. It’s for couples who’s circumstances prevent them from getting married (usually from countries where gay marriage is illegal/not recognized). You also can’t go down the common law route at this time as you have not been living together for a year.

Your only option for the Family Class would be to get married and then apply either Outland or Inland. Both of those are as they sound. Outland means you would remain in the UK for the process while Inland means you would be in Canada for the process. If you go via the inland route, you can apply for an Open Work Permit which you typically receive 3 to 4 months into the 12 month processing period for Permanent Residence.

Other than that, your would have to look into other ways of coming to Canada on your own. You mentioned you’re from UK, if you’re under 30 there’s the 2 year IEC working holiday visa (originally how I came to Canada) and then other options such as Express Entry which would lead directly to PR status.

Keep in mind the IEC from the UK, and people wanting the two year visa is FAR more then the allotted number
Btw, this years upcoming IEC allotted numbers are still under negotiation due to Covid

 

[LouisFryer]

Hi thanks for your replies, very helpful!

Am I right in thinking the Express entry is a random draw out of all eligible candidates? And to apply for this programme would I have to sit a language exam in England (even though English is my first language)?

I am due to finish University this year so have not had a full time job for a year which I believe I need for Express entry. Is this correct? Not sure what my options would be now.

Thanks

 

[LouisFryer]

Hi!

Fellow Brit here!

You wouldn’t be able to go down the conjugal route unfortunately. It’s for couples who’s circumstances prevent them from getting married (usually from countries where gay marriage is illegal/not recognized). You also can’t go down the common law route at this time as you have not been living together for a year.

Your only option for the Family Class would be to get married and then apply either Outland or Inland. Both of those are as they sound. Outland means you would remain in the UK for the process while Inland means you would be in Canada for the process. If you go via the inland route, you can apply for an Open Work Permit which you typically receive 3 to 4 months into the 12 month processing period for Permanent Residence.

Other than that, your would have to look into other ways of coming to Canada on your own. You mentioned you’re from UK, if you’re under 30 there’s the 2 year IEC working holiday visa (originally how I came to Canada) and then other options such as Express Entry which would lead directly to PR status.

For the family class if we were to get married could I apply for an open work permit from within Canada? Or would I need to apply for the permanent residence and then apply for an open work permit thereafter. And further, if we were to get married, would my girlfriend still need to sponsor me or could I simply go down the route of applying for a permanent residence?

 

[JamesBarnes]

For the family class if we were to get married could I apply for an open work permit from within Canada? Or would I need to apply for the permanent residence and then apply for an open work permit thereafter. And further, if we were to get married, would my girlfriend still need to sponsor me or could I simply go down the route of applying for a permanent residence?

Can’t comment on the Express Entry question other than even though we’re from the UK and English is our first language, we’re not exempt from the language test.

If you want to go the Inland route, you send your PR application and Open Work Permit application at the same time. Sponsorship is part of this process. It’s ‘Spousal Sponsorship’. Your girlfriend (or wife) in this case, would need to be your sponsor. You would be the Principal Applicant.

If you do go inland, make sure you guys can support yourselves until you have your work permit. We applied in August 2019 and were lucky enough for me to get my work permit in October 2019. Prior to the COVID situation, Spousal Sponsorship applications were being processes faster than the usual timeframe. Not sure where this stands now and whether it will continue to be a thing in the future.

 

[LouisFryer]

Can’t comment on the Express Entry question other than even though we’re from the UK and English is our first language, we’re not exempt from the language test.

If you want to go the Inland route, you send your PR application and Open Work Permit application at the same time. Sponsorship is part of this process. It’s ‘Spousal Sponsorship’. Your girlfriend (or wife) in this case, would need to be your sponsor. You would be the Principal Applicant.

If you do go inland, make sure you guys can support yourselves until you have your work permit. We applied in August 2019 and were lucky enough for me to get my work permit in October 2019. Prior to the COVID situation, Spousal Sponsorship applications were being processes faster than the usual timeframe. Not sure where this stands now and whether it will continue to be a thing in the future.

Hi thanks for your reply. We were under the impression the PR, open work permit and spousal sponsorship were separate processes. Are you saying we would need to do all three applications as this would be very expensive for us?

Thanks

 

[JamesBarnes]

Hi thanks for your reply. We were under the impression the PR, open work permit and spousal sponsorship were separate processes. Are you saying we would need to do all three applications as this would be very expensive for us?

Thanks

Spousal Sponsorship = PR. They’re not two separate applications, the sponsorship is part of the PR. The way you get PR is through your spouse sponsoring you. The total application fee cost is $1040. This does not include the cost of the medical exam (it’s required and happens later in the process. I had my work permit by that point so it was easier)

The work permit is an optional addition to the application and costs $255.

 

[scylla]

Hi thanks for your replies, very helpful!

Am I right in thinking the Express entry is a random draw out of all eligible candidates? And to apply for this programme would I have to sit a language exam in England (even though English is my first language)?

I am due to finish University this year so have not had a full time job for a year which I believe I need for Express entry. Is this correct? Not sure what my options would be now.

Thanks

No - Express Entry is not random. It's a points-based system and those with the most points are selected. Right now you need to have a score of 470+ to be selected.

Yes - you would need to take a language test to qualify for the pool. It doesn't matter what your first language is.

Yes - you need at least one year of full time paid skilled work experience to qualify. So not an option for you right now if you haven't worked for a full year. Pretty much all of Canada's economic immigration programs require you to have a full year of work experience (generally in a skilled occupation).

 

[LouisFryer]

Ok thanks understood. As I don't have significant work experience I don't believe I am eligible for express entry. If I were to get a job offer though would I then be able to apply for a work permit and secure immigration this way?

 

[scylla]

Ok thanks understood. As I don't have significant work experience I don't believe I am eligible for express entry. If I were to get a job offer though would I then be able to apply for a work permit and secure immigration this way?

It's not that easy unfortunately.

You can try to get an open work permit through the IEC / Working Holiday Visa program. That would be the easiest. However as said previously, this progam is currently on hold and only has a limited number of spots available. So not guaranteed this would work out but you can try once the program reopens.

Otherwise a job offer isn't sufficien to get a closed work permit. The employer also needs to get an approved LMIA which is a long (4-6 months) and involved process for the employer with no guarantee of approval. It's generally next to impossible to find employers willing to go through this process. It will be particularly difficult now due to COVID and all of the job losses. For the LMIA to be approved, the employer has to prove they advertised the job and couldn't find a Canadian to hire.

 

[LouisFryer]

Is the LMIA a one time application by employers or does it have to be done for every employee they hire? Basically, the jobs advertised on JobBank and other sites on the government page "Look for Jobs in Canada" - would they already have a LMIA and be able to hire internationals easier?

 

[scylla]

Is the LMIA a one time application by employers or does it have to be done for every employee they hire? Basically, the jobs advertised on JobBank and other sites on the government page "Look for Jobs in Canada" - would they already have a LMIA and be able to hire internationals easier?

No - it is not one time. It has to be done for every foreign employee they hire individually.

No - the employers with jobs posted on Job Bank do not already have an LMIA. You can apply for jobs through job bank but be prepared to hear nothing back.

 

[LouisFryer]

Is the temporary resident visa (for 10 years) an option and then apply for work permit within Canada?

 

[scylla]

Is the temporary resident visa (for 10 years) an option and then apply for work permit within Canada?

A temporary resident visa does not allow you to apply for a work permit. So no.