URGENT HELP NEEDED

[JP1987]

Hello!

I have some major big problems with my Immigration Case. I would appreciate every help.
I have a relationship with my Common Law Partner since 2011. We have a baby together, she is born end of 2011. She has the right to be a Dual Citizen German and Canadian. After she was born the German GOV do not wanted to register her Canadian Father in her German Birth Certificate. Whatsoever I called the Canadian Embassy in Austria but they told me to visit Canada because CIC is responsible for the girl's case. In September 2012 I got my German Maternity Leave and we could visit my future spouse and Babys father.
Now I am since several month here and CIC is answering me I have to go back to Austria for the Proof of Citizenship and the CIC is not responsible for us. Also the local court can not give him the paternity for our daughter. My visitor visa will expire in May 2014. After a miscarriage we decided that we need us together and also our baby needs her mother and father. It would be awful to be separated again!
MY TRV is the Visior Status and I read on the CIC webpage

Who can apply for an open work permit?

You may be eligible to apply for an open work permit if you are in one of the following situations:

You have a temporary resident permit valid for at least six months.

cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

Could I try to get an open work permit and if yes, for how long would it be valid? And even if CIC denies the open work permit application, would i be negative for my future Visa applications? Could "I bring my dependents with me" as long as the Baby is not a Dual Citizen? My Common Law Partner has a Company but a Canadian Immigration Consultant told us he can not help us with our case and it would be to hard to get a LMO and work permit, when Human Resources and CIC reads that he is my potential new employer and Common Law Partner.... Which other possibilities did we have so the Baby and me can stay and join the privilege to stay in Canada (until the Baby gets her Citizenship Certificate)?
BTW we do not want to go through Sponsorship Class Process...

Thanks so much for your help!!!!

 

[amikety]

You can't get a work permit in the manner you are thinking. You'll need to get a job offer first. You can also try a working holiday visa (IEC) which Germany has.

In order to get a work permit with a TRV valid 6 months or more your spouse needs to be an international student OR skilled worker. Because he's a Canadian citizen, he can not be either of those.

It's very, very odd that you don't want to go through spousal sponsorship as that's typically the easiest way to get your visa if you're married to a Canadian.

 

[JP1987]

Problem is even if I would apply for the Working holidays I can not bring my dependents with me.... Maybe if I extend the Baby's Visitor Status in April 2014 and write a cover letter with the current situation... maybe they grant it... maybe not... its still a privilege to stay in Canada not a right. And if the CIC Officer thinks the Baby is on Living Purposes here (since September 2012) it could be denied.
We are not choosing the Sponsorship Class because in Case we get separated I do not want that he has to have any responsibility for myself...For sure we hope that all works out with our family but what happens if we separate each other and I get sick and he is full responsible for me... I can not do that to him and I do not want to risk that! It is still an oath to the Government and not a game! That he has full responsibility to our baby is for sure even without birth certificate! Everybody would think: If you saw each other few times the first year and now you are living together in kind of a spousal relationship you have to see if thinks are working out or not. We are at the same point that we have to see if things work out the first 2 years or so then we can talk about a wedding and even Sponsorship Class. But to that time it is to fresh and I hope that you can understand it.

Are there any other Visas available where I could be eligible to apply for? I am a German Veterinarian but not approved in Canada ... Also I have 3 years work experience as Veterinarian and 5 years experience in Managing Farms....

 

[JP1987]

BTW my Common Law Partner has a Farm (but not business) I could work there, job offer letter would not be a problem... LMO would be a problem....
Also he has his Company and I could work as Office Manager NOC 1221 High Skilled there but I would need a LMO also...
What kind of charitable work could I do for my community where I could stay in CA? We do not have to earn money, so even if I would have a charitable work position, unpaid, it would be ok, too

 

[ravercwb]

You can't get a work permit in the manner you are thinking. You'll need to get a job offer first. You can also try a working holiday visa (IEC) which Germany has.

In order to get a work permit with a TRV valid 6 months or more your spouse needs to be an international student OR skilled worker. Because he's a Canadian citizen, he can not be either of those.

It's very, very odd that you don't want to go through spousal sponsorship as that's typically the easiest way to get your visa if you're married to a Canadian.

Hi Amikety,

Looks like you are everywhere here in the forums.

 

[amikety]

Problem is even if I would apply for the Working holidays I can not bring my dependents with me.... Maybe if I extend the Baby's Visitor Status in April 2014 and write a cover letter with the current situation... maybe they grant it... maybe not... its still a privilege to stay in Canada not a right. And if the CIC Officer thinks the Baby is on Living Purposes here (since September 2012) it could be denied.
We are not choosing the Sponsorship Class because in Case we get separated I do not want that he has to have any responsibility for myself...For sure we hope that all works out with our family but what happens if we separate each other and I get sick and he is full responsible for me... I can not do that to him and I do not want to risk that! It is still an oath to the Government and not a game! That he has full responsibility to our baby is for sure even without birth certificate! Everybody would think: If you saw each other few times the first year and now you are living together in kind of a spousal relationship you have to see if thinks are working out or not. We are at the same point that we have to see if things work out the first 2 years or so then we can talk about a wedding and even Sponsorship Class. But to that time it is to fresh and I hope that you can understand it.

Are there any other Visas available where I could be eligible to apply for? I am a German Veterinarian but not approved in Canada ... Also I have 3 years work experience as Veterinarian and 5 years experience in Managing Farms....

The child is Canadian. The baby cannot be denied entry into Canada..... once you have proof of citizenship. You need to get that fixed. Then allow the father to take the baby back to Canada and you join them a day or two later (or even same day, just on a different flight).

It may be possible to get a LMO for farm labourer, but it will be limited. If CIC learns you're common-law partners, it also increases the chance to deny the work permit. You must admit to them you have a CL partner in Canada. If not, CIC can ban you for 5 years if they discover otherwise.

However, what you're describing doesn't sound like a common-law relationship as defined by CIC. That is continuous co-habitation of 12 months or more in an adult interdependent relationship - I. e. , romantic and usually sexually intimate, where you confide in each other and share life together. It doesn't matter that you have a child. It doesn't matter how close you are. If you aren't living together, you aren't common-law for CIC. (You would still admit to have a boyfriend in Canada though.)

Volunteering isn't the best idea as a visitor. Many people have "volunteered" in the past - either working under the table (cash) or making ties to get a work permit. Volunteering can lead you into trouble. If you decide to volunteer, do it carefully. Do not volunteer in areas related to your job (I. e., if you're a nurse, don't volunteer at a medical clinic) and only volunteer with reputable organizations that regularly have volunteers such as the Canadian Red Cross. (If you go to church, I think volunteering at church would be okay too.)

Now, because you're German, you can probably stay in Canada longer than 6 months. Once you are in, look for a date written in your passport stamp. If there is no date, then you get six months. About 4.5-5 months, you can apply online or by mail for an extension of your status. If you provide proof of financial support and write a good explanation to CIC, they will most likely approve you for an extension. Just as an example, I provided CIC with 3 paystubs from my husband's job and explained we were saving money for our wedding and needed more time. I got a year extension for my visit. You may be able to do something like that.

 

[JP1987]

The child is Canadian. The baby cannot be denied entry into Canada..... once you have proof of citizenship. You need to get that fixed. Then allow the father to take the baby back to Canada and you join them a day or two later (or even same day, just on a different flight).

-We are all in Canada - Common Law Partner (Canadian Citizen), the Baby and me (VALID Visitor Status)


It may be possible to get a LMO for farm labourer, but it will be limited. If CIC learns you're common-law partners, it also increases the chance to deny the work permit. You must admit to them you have a CL partner in Canada. If not, CIC can ban you for 5 years if they discover otherwise.

-One which background would they deny the work permit if I would be an eligible worker?


However, what you're describing doesn't sound like a common-law relationship as defined by CIC. That is continuous co-habitation of 12 months or more in an adult interdependent relationship - I. e. , romantic and usually sexually intimate, where you confide in each other and share life together. It doesn't matter that you have a child. It doesn't matter how close you are. If you aren't living together, you aren't common-law for CIC. (You would still admit to have a boyfriend in Canada though.)

-It is a Common Law Relationship (living for 10 month together!!!!!) and before we were in Conjugal Relationship.... we love each other and like I stated above we are living together like in a spousal relationship (married couple)... I do not have to tell about my private live but when I tell you that we are in an adult interdependant realtionship then we are!!!!!


Volunteering isn't the best idea as a visitor. Many people have "volunteered" in the past - either working under the table (cash) or making ties to get a work permit. Volunteering can lead you into trouble. If you decide to volunteer, do it carefully. Do not volunteer in areas related to your job (I. e., if you're a nurse, don't volunteer at a medical clinic) and only volunteer with reputable organizations that regularly have volunteers such as the Canadian Red Cross. (If you go to church, I think volunteering at church would be okay too.)

-Ok got it!!!! :

Now, because you're German, you can probably stay in Canada longer than 6 months. Once you are in, look for a date written in your passport stamp. If there is no date, then you get six months. About 4.5-5 months, you can apply online or by mail for an extension of your status. If you provide proof of financial support and write a good explanation to CIC, they will most likely approve you for an extension. Just as an example, I provided CIC with 3 paystubs from my husband's job and explained we were saving money for our wedding and needed more time. I got a year extension for my visit. You may be able to do something like that.

-We had to extend our Visitor Status in April 2013 like you said I can stay 6 month... We extended the Visa so for now we can stay till May 2014...

 

[amikety]

One which background would they deny the work permit if I would be an eligible worker?

If CIC feels you're getting the work permit just to enter Canada/get status in Canada. Also, if you aren't qualified- meaning experienced - there's a good chance they would deny the work permit. If you've done farm work before, you'll need reference letters at the very least. CIC may also ask your partner why you were the best candidate for the job. (He will still have to follow all the rules about posting the job and obtaining a LMO as with any foreign worker before you can apply for the work permit.)

It is a Common Law Relationship (living for 10 month together!!!!!) and before we were in Conjugal Relationship.... we love each other and like I stated above we are living together like in a spousal relationship (married couple)... I do not have to tell about my private live but when I tell you that we are in an adult interdependant realtionship then we are!!!!!

First, I am not personally doubting your relationship. You have a baby together........ I 100% believe you have an adult interdependent relationship! What I am doing is explaining to you what the law is. For Canada, you must be living together for 12 months before you are considered Common-Law. If you do apply for a work permit, you'll need to be aware of when you began living together so you can claim the right status. Not claiming the right status, even by accident, can cause you big problems later on - so you need to make sure you've got it right.

Next, don't use the term "Conjugal" relationship when dealing with CIC. "Conjugal" is a special type of spousal category that is very limited and only applies to cases under extremely strict criteria. If you tell CIC you were in a "Conjugal" relationship, they will be confused. (It's almost impossible for a visa exempt citizen to be in a Conjugal relationship as defined by CIC.) Terms like "romantic" or "boyfriend/girlfriend" or "living together" or even "dating" are good alternatives. This only applies to CIC. It's solely to make sure they don't get confused. Once again, nothing to do with you - just make sure you don't confuse CIC. They are already confused enough on their own.

And lastly, yes, sometimes you do have to tell CIC about your private life. It's not fun, but if they have doubts - they will ask.

 

[JP1987]

Ok so far I got it now.... I tried to see how high my points are and even if I would be eligible NOC 8252 Agriculture Manager without to have a written job offer with LMO... I have over 70 points so should I give it a try to get my paperwork done and apply for the Federal Skilled Trade Worker Application? Or should I wait till October and apply then for the Working Holiday Visa, get one year Canadian Work experience and apply from that to the Federal Skilled Trade Worker Application..... ???
Also we will apply now for Proof of Citizenship for the Baby.... in Case CIC takes longer then 6 month how high is the chance that this future citizen get her Visitor Visa denied?
I still can proof that I have family, my house, german residents letter, maternity leave letter etc so that I could leave the country, also proof of income and support (Common Law Partner) but how I can I proof that the Baby has no living purposes? Is all my proof and a nice cover letter for CIC enough to grant the 2nd extension of the visitor visa?
And like I said we are even not a burden to the system or the health care system... we have our own private health insurance....

Thanks for your help so far

 

[amikety]

It's very unlikely a visitor's visa will get denied for the baby. Have her father apply on her behalf (since he's Canadian). He can explain it's his dependant and he's in process of getting her certificate for citizenship. Include proof he's applied for the certificate. Should be easy.

With Federal Skilled Trades, you'll need experience to qualify, I believe. If you don't have it yet, your idea of getting the IEC visa is a good one. Just note - CIC may explain your application a little more thorough since your employer is your spouse. Some people have brought over relatives in the past, had them work low-skilled jobs, and tried to pass them off as skilled jobs to get their family members PR.... so now CIC has to be careful. (Almost all rules are because of fraud! Especially the ones that make no sense.)

NOC 8252 is a "B" NOC code. That means its actually a "skilled" trade. (It's funny, I talked to another lady about this same NOC code earlier today.) It may be eligible for CEC and PNP as well. When you get ready to apply with your 1 year experience, you can look into those options as well. Some PNPs are much faster than Federal programs. Also, make sure to verify your NOC code is still on the list before applying. They update it every so often.

Which province are you in?

 

[JP1987]

We are living in Alberta....
So then I will apply for the IEC in October when the new IEC's are out for the public... Then CIC will hopefully approve it and I get my minimum of 1 year Canadian work experience... And then I will apply before my IEC expires for the PNP or other possible Visas.....
And yes I really hope that they grant soon the Baby's Proof of Citizenship

Oh before I forget can I send only the Application of Proof of Citizenship and and other documents what they want to have to Nova Scotia? Because the Court doesn't want to file our case of paternity! Her Father is not on the German Birth Certificate... does that gives us trouble? Did they want a DNA Test?

 

[amikety]

As soon as you get proof of paternity - I. e., birth certificate, her father can add the baby as a dependant to his healthcare, even as a "visitor" (before she gets her citizenship certificate). Once you're in a qualifying relationship, he can add you as well - so after 12 months living together, get your statue of common-law notarized and take it to the registry. Both you and the baby are dependants therefore can be added to his healthcare.

Trust me, I'm on my husband's. We live in Calgary. (And I'm a visitor right now too.)

(This is why I asked about province.)

Getting the IEC is the easiest route to take, I think. Just make sure you can apply from outside Germany, if you haven't already.

I don't know what to say about the paternity part.