US Citizen marrying Canadian Temporary Foreign Worker - how to adjust status?

[kiwicat]

Hi all, I hope you can help with my issue:

I'm a US citizen. My boyfriend has received a work permit for a one-year position in Canada. (He is from a country that requires a visitor visa to Canada, even for tourism. I believe his visa is NOC Class A) We're planning to get married in Canada very soon and to live there during that one year when he'll be working in Canada. We have also rented an apartment there for a year - the lease is under both our names. I'm not looking to establish permanent residence in Canada, but I would like to get some sort of temporary non-tourist resident status in Canada after we get married. I'd like to be eligible for government sponsored health insurance and a work permit. Is this possible?

I know that you can extend your stay as a visitor past the 6 month limit, but I don't know if you can extend your stay *and* change your status from visitor to temporary resident/worker.

Any advice you could give would be greatly appreciated!

 

[scully]

I'm not an expert, but am in a similar situation, so can try to give you some tips. Hopefully someone else more senior will read this thread too.

You have two options - either get a work permit for yourself, or apply for an open work permit through your marriage.

To get a work permit for yourself, you'd most likely need to get a Labour Market Opinion (LMO) and job offer through a Canadian employer. This isn't really easy to do, but may be what your husband (to be) has just been through.

Spouses of Temporary Foreign Workers are eligible for an Open Work Permit which is not tied to a specific employer, and is valid for the duration of your spouse's work permit. This requires you arriving together at an immigration office and presenting a copy of your marriage certificate and your husband's work permit.
However, as it seems your partner is not a US citizen like you, you may need to prove that your relationship is genuine and not an attempt at immigration fraud.

This is where our situation is similar - I'm a TFW in Canada and my husband is a US citizen. We're applying for his OWP in Windsor next weekend. I'm from New Zealand - we've never lived in the same country, though we've been together 2 years.
We have been told that it depends on which officer we're seen by - we may be granted the OWP immediately, or may need to provide proof of our relationship (which we are currently compiling).

If you have lived together, and have proof of things like joint bank accounts, rent agreements in both of your names, etc, you should be fine. If you haven't lived together, you'll potentially need a history of your relationship with photos, testimonials from friends and family, wedding photos, invites, etc and anything that helps to prove you're a genuine couple.

Having a rental agreement together in Canada isn't likely to help much, and getting married in Canada doesn't entitle you both to any formal recognition of your relationship and it's history. It would be the same if you married in the US or your partner's home country.

I hope this helps!

 

[Leon]

If you are a US citizen and therefore visa exempt, it is possible for you to get your OWP instantly at the border. You need a copy of your marriage certificate and your husbands work permit as well as $150 to pay for your own work permit. They should give you an OWP valid as long as your husbands work permit is. You can then join him and apply for health care but may have to wait 3 months to get it depending on the province.

 

[kiwicat]

Hi Scully and Leon,
Thanks so much for your help and advice! It is very helpful, and I really appreciate it.
Scully, best of luck with you and your husband! We have also been in a long distance relationship for over 2 years now and I am excited that we will finally be together.

 

[Swiss84]

Hi Scully,

I hope everything went well with crossing the border with your husband and that you got the owp for him.

As mentioned before I'm in a very similar situation. Me and my girlfriend are getting married in February in the US and she will come her on a owp after that.

I would just like to know how your border experience went and if you have any further tips.

Thanks a lot!