Visa Eligibility

[slcarley]

Hi All,

I'm attempting to assist my younger sister in this - she is a Canadian citizen and has an American boyfriend. They are trying to find out how he can move to Canada to be with her. I'm currently nearing the end of the immigration process moving to Australia, so they've asked me for any help I can give them from my experience. Trouble is, the Canadian Immigration website is a bit hopeless, very different from the Aus one so having some difficulty locating the information we need.

The proposed immigrant is 21, an American citizen, not currently studying though he has done some college, no skilled trade to qualify for a job in Canada, no family to sponsor him there. I'm not sure whether he can enter the country as a visitor and then apply for some kind of visa to stay once he's already there? I have suggested that she find out if he's willing to go back to school - that seems like the easiest way, but I'm sure there must be others. All I can seem to find on the website as far as visa options are skilled migrant, business class and family sponsorship type options, but I'm sure there must be other ways to enter the country.

When my partner (who is Australian) came to Canada before he met me, he was able to get a two-year working holiday visa upon which he could work full-time, and at the end of that visa he could reapply for another one. Is there a similar option for Americans wanting to live in Canada?

If anyone has any information or assistance for us that would be fantastic - can't stand in the way of young love can we!

Thanks kindly

Sam ;D

 

[Pippin]

Perhaps he can get an UNSKILLED job offer and come on a temporary work permit. It might take some pre-planning. Look at Provincial Nominee Programmes. If he can get experience in the US as a server or in one of the other jobs that are in demand then perhaps he can get a a job offer, LMO and work permit, work for 9 months then apply for PNP. He has a huge advantage being able to come as a visitor without a visa in order to attend an interview. Good Luck.

 

[scylla]

There is the BUNAC visa for Americans who want to come to Canada for a year on a working holiday visa. However it doesn't sound like your sister's boyfriend meets the education requirements. More info here:

http://www.bunac.org/usa/workcanada/

 

[scylla]

Further schooling is an option (he'll need a study visa). He'll need to start by applying and being accepted by a school.

To be approved for the visa, he'll need to show a bank balance that covers first year tuition + $10K for first year living expenses + travel expenses. Note that he will have to pay foreign student rates which are substantially higher than domestic student rates.

 

[slcarley]

Thank you all for your help, already!

I don't think the further schooling option will work - I doubt he's got that kind of money saved up to prove he can afford the schooling etc.

The BUNAC visa is similar to what my boyfriend was on in Canada which is what I was hoping for, but as you said with the education criteria, doesn't look like a possibility.

The unskilled job offer seems like the most likely option. He is working for Coldstone ice cream shops in Texas and we do have the same shops in Canada so at least they would recognise the employer. What's the procedure for that - he enters Canada as a visitor, secures a job, then applies for a visa on the basis of having attained employment? I'm worried about how he can apply for and attain a job without already having a visa allowing him to work, I think that's where I'm stuck on this one?

 

[scylla]

See Pippin's response.

If he wants to obtain a work permit in Canada and work here, the first step is to find an employer willing to hire him. That employer must then apply for an LMO (labour market opinion) to request permission to hire him. As part of this process, the employer must prove that they advertised the job and were unable to find a Canadian to hire for the role. If the LMO is approved, he can then apply for a work permit and start working once his work permit is approved. So the first step is finding an employer who is both willing to hire him and willing to go through the LMO process. This will be easier said than done since the LMO process involves a lot of paperwork (+ no guarantee of approval) and many employers are therefore hesitant to consider foreign candidates for open positions.

Hope this helps.

 

[slcarley]

Scylla, that is exactly my worry - why would they hire him if there's all that paperwork to be done. I'm worried he will go up there and try to find a job and end up living off my sister - which really means living off my mum! I'm surprised at what seem to be really limited options. I can't imagine it would be any easier for her to move to the States?

I will advise little sis of what I've learned - thanks all, and if anyone has any other ideas, please share!

 

[Leon]

Unfortunately, immigration often requires couples to live off each other while they wait for sponsorship. With his qualifications, it could be hard for him to get a work permit but not impossible. Could your sister or your mom network and see if they can find an employer who is willing to hire him and apply for an LMO. They could get aquainted with the paperwork and help out with that. He could also talk to his employer about a possible transfer although they are probably privately owned franchises in which case he might have the same luck contacting franchises in Canada directly and asking about it.

I am not sure how easy it is for him to sponsor her to the US but I believe there is a fiance visa where he can get her to the US for 90 days during which time they must end up getting married so he can sponsor her for PR. In Canada, there is no fiance visa so if she wants to sponsor him, they either get married while he is in Canada visiting or they have to live together for 12 months in which case they would be common law. However, if she sponsors him to Canada, she is financially responsible for him for 3 years after he gets his PR so if he goes on welfare or disability during that time, even if he has left her at that point, she would be liable to pay it back.

 

[Pippin]

As a mother, Leon has presented some sobering facts. Yikes. I don't know how old this fellow is, but sounds like it might be an idea for him to stay in Texas until he has learned a trade or earned an education that will make him employable. The cost of getting education in Canada would probably be much more expensive while he is a foreign national. Perhaps coming up to visit on holidays in the mean time? Your comment about living off your sister/mother is something with which your mother has to be in agreement. All the best.

 

[slcarley]

Thanks for your responses Leon and Pippin.

I did think of the common law sponsorship visa - That's how I'm able to apply for Permanent Residency here in Australia so it was my first thought - but I'm 25 and my partner is 30...my sister is 19 and her boyfriend is 21, and though they have been 'together' for about 2 years, nearly their entire relationship has been over the internet - they've spent the past weekend together in his hometown, and now she's cancelled her flights to stay with him another week, and they're desperate to sort something out, which is why they've asked me to do some research.

I think they're not really in a position to try for any of the partnership visas and I'd probably have a heart attack if they got married to stay in the same country. My partner and I lived together for nearly two years before we started the process and were very sure about everything. You can see where I'd worry about them being so young and not having spent very much time physically together.

I think finding him a job is probably the best bet and go from there - my mum will do her best to help them with that - but is there really no option such as the Working Holiday visa my aussie partner was able to live in Canada on, for Americans?

They should both just move to Australia, it's much easier!! ;D

 

[Pippin]

Falling in the category of "None of my business" so am not looking for an answer on the Forum, but why is YOUR family having to support him if he is unable to support himself? Isn't it up to him to work something out with his own family? There is also the thought that just because they want something it doesn't mean they have to have it immediately. If this is a long term relationship, then working toward making it happen might be a good incentive to get the education required to become independent. How can a couple support themselves otherwise? Just my two cents. Don't mean to offend. I am sure it is a stressful time for all your family.

 

[slcarley]

Pippin, I hear you and am in total agreement - there are definitely all of those issues to be considered at some point. I assume my sister would be most responsible for supporting him in this situation, but as she's not currently working herself (hoping this is motivation for her to get a job) it would fall to my mum to keep them fed, and she would. I assume his family wouldn't be particularly interested in supporting him from afar as he'd be leaving them to live with her.

I'm doing everything I can for them without bringing up the negative aspects of how hard it will be for them - I can sympathise that they just want to be together, and though my situation is quite different from my sister's in that I was in an established mature relationship when we made the decision to go through all this - she's kind of in panic mode trying to keep them together and I understand how she feels - there's not much I wouldn't have done if I were afraid of being separated from my partner (that's how I ended up in Australia!) - but neither of them are really in much of a place to support themselves or each other while they go through the process. He would have better employment opportunities in Canada once he's able to work there, though - the job market isn't as tough as in the states at the moment.

I'm worried they'll find all other options too hard and do something insane like get married, so I'm doing all I can to find them another avenue!

 

[Pippin]

Your first +1, slcarley. A dear sister.

 

[slcarley]

Oh, thank you And thank you all again for your kind help and input!

 

[Leon]

Although she is young, your sister has reached the age of majority and it is not your mothers job to support her any more, let alone her boyfriend if she wants him to come and live there. This is serious business and somebody needs to sit her down and explain that to her.

IMO, your best option would be for your mom to tell your sister that before she will even consider allowing the boyfriend to come and stay, your sister must have a job and during the time they are staying with your mom, at least one of them must be working every step of the way. At the same time, your mom and sister can ask around if they know anybody who is willing to hire him and apply for an LMO. He can also ask his employer and franchises in Canada.

If it does look likely that he might find employment, let him come over and apply by himself. They should make sure he has travel insurance to cover him if he gets sick or has an accident. Could otherwise be costly. They should also make sure he has a resume and a reference letter from his employer and shows up to apply looking at least half way neat and see what happens. As long as your sister is working and supporting them and they are not driving your mom crazy, it is ok. As soon as neither of them is working or they are driving your mom crazy, the deal is off.

If he can not get a work permit within the 6 month limit of his visit visa, it is time to think about the next step. This could be for him to go back to the US to work a bit, save up a little cash, possibly getting some education or training in order to try again later or if they want him to stay, they could apply for his visit visa extension based on getting married and applying for sponsorship or based on qualifying as common law partners.

Once they apply for sponsorship, an outland application through the US should take 6-9 months for him to get his PR. After that, he would not need a work permit and would have the same options of anybody else of getting an education, doing apprenticeship etc.