We don't know what to do now... HELP!

[rhcohen2014]

Oh so you'd need to have a PR app on the table for an OWP? Okay... Well that takes it off the table. And Sponsorship approval takes 8 months? CIC quoted 34 days on the website. Or is there a different stage one?

are you referring to my inland comment? for both there are 2 stages... for outland there is sponsorship approval (approving the sponsor) that takes about 30ish days/give or take depending on if there are delays. THEN the rest of the time is dedicated to approving the applicant. this entire process has different time lines for each country of origin of the applicant. I believe UK is similar to the US, so the ENTIRE outland process can take about 8-10 months. perhaps a bit shorter for UK?

Inland also has 2 stages - the first stage (AIP) takes 8 months, then an OWP is received so the applicant can work, and the rest of the process can take another 8-10 months or even longer.

 

[kcastronaro]

Just to be clear - Canada doesn't have a fiance visa. (I'm not sure if you were referring to the UK or Canada when you mentioned the fiance visa.)

No I meant the uk... To kill time until the wedding.

There are two different spousal processes: Inland and Outland. The OWP is ONLY granted if you apply Inland and ONLY after the application has first stage approval. First stage approval for inland applications is currently taking 6-8 months. The 34 days you saw was for Outland.

Ugh... Why is Canada so slow? I feel like were the only country this complicated besides the US. But that's good to know. Thank you.

If they are thinking about moving him to a management position, they may be willing to apply for a Labor Market Opinion(LMO) for him. I suggest he discuss this with his boss. All the information about a LMO can be found online.

Well would an LMO from a distribution center manager be acceptable and not from the head office themselves?

are you referring to my inland comment? for both there are 2 stages... for outland there is sponsorship approval (approving the sponsor) that takes about 30ish days/give or take depending on if there are delays. THEN the rest of the time is dedicated to approving the applicant. this entire process has different time lines for each country of origin of the applicant. I believe UK is similar to the US, so the ENTIRE outland process can take about 8-10 months. perhaps a bit shorter for UK?

Inland also has 2 stages - the first stage (AIP) takes 8 months, then an OWP is received so the applicant can work, and the rest of the process can take another 8-10 months or even longer.

No I think I was looking at the wrong information on CIC I guess I was on Outland. So basically no matter what he's not working in Canada come June 1st and so long as we get the PR stuff in before this (meaning we get married) he can stay on a visitors for 8 months when he should get an OWP and can start working again. Right?

 

[rhcohen2014]

No I think I was looking at the wrong information on CIC I guess I was on Outland. So basically no matter what he's not working in Canada come June 1st and so long as we get the PR stuff in before this (meaning we get married) he can stay on a visitors for 8 months when he should get an OWP and can start working again. Right?

he can only apply for an OWP if you apply INLAND. Since he is from the UK, it's probably best you apply outland, because by the time he gets approved for an inland owp, he could technically be close to landing as an outland applicant. the only down fall to applying outland is he can not work or go to school legally.

 

[scylla]

Well would an LMO from a distribution center manager be acceptable and not from the head office themselves?

The LMO isn't just a letter or simple form - it's a whole process the employer must go through to get approval. The first step involves advertising the job for a minimum of one full month on several different recognized web sites to prove that no Canadian could be found for the role. The LMO application can then be submitted with evidence and the required paperwork (employer must pay a fee of $275). Processing currently takes anywhere from 6-20 weeks.

Note that a moratorium on LMOs for certain jobs was recently announced. So hopefully his occupation isn't on the moratorium list below:

http://www.esdc.gc.ca/eng/jobs/foreign_workers/lmo_ref/index.shtml

 

[kcastronaro]

he can only apply for an OWP if you apply INLAND. Since he is from the UK, it's probably best you apply outland, because by the time he gets approved for an inland owp, he could technically be close to landing as an outland applicant. the only down fall to applying outland is he can not work or go to school legally.

Yeah well the whole point is he doesn't want to go back to the UK just yet. You mean a PR from Outland can't work at all or can't work after 8months... That's a given I guess since he'd be waiting in England lol. Answering my own questions now...

The LMO isn't just a letter or simple form - it's a whole process the employer must go through to get approval. The first step involves advertising the job for a minimum of one full month on several different recognized web sites to prove that no Canadian could be found for the role. The LMO application can then be submitted with evidence and the required paperwork (employer must pay a fee of $275). Processing currently takes anywhere from 6-20 weeks.

Note that a moratorium on LMOs for certain jobs was recently announced. So hopefully his occupation isn't on the moratorium list

Yeah I know which is why I'm saying his employer won't do it. Plus on his recent refusal one of the things that they listed is that his job does take a job away from a Canadian. Even despite the recent suggestion of promotion.

 

[rhcohen2014]

Yeah well the whole point is he doesn't want to go back to the UK just yet. You mean a PR from Outland can't work at all or can't work after 8months... That's a given I guess since he'd be waiting in England lol. Answering my own questions now...

again, outland is usually COMPLETED in 8-10 months. so he won't be able to work DURING that process. meaning months 1-8 or months 1-10 he can only be in canada as a visitor. he can certainly be IN canada while his OUTLAND application is in process - only as a visitor. I think UK also has a 6 mo. stay available to them. THEN, 1 month before his visitor status expires, you can apply for an extension, and say he wants to stay while the application is in process. many people have stayed IN canada as a visitor during the entire OUTLAND application process. Visitors are not legally allowed to work or study. After the application is totally approved, and he has landed, he will be able to seek work. really all of this means nothing because you guys aren't even married yet, so until you are, you can't apply.

 

[kcastronaro]

again, outland is usually COMPLETED in 8-10 months. so he won't be able to work DURING that process. meaning months 1-8 or months 1-10 he can only be in canada as a visitor. he can certainly be IN canada while his OUTLAND application is in process - only as a visitor. I think UK also has a 6 mo. stay available to them. THEN, 1 month before his visitor status expires, you can apply for an extension, and say he wants to stay while the application is in process. many people have stayed IN canada as a visitor during the entire OUTLAND application process. Visitors are not legally allowed to work or study. After the application is totally approved, and he has landed, he will be able to seek work. really all of this means nothing because you guys aren't even married yet, so until you are, you can't apply.

Yes I understand that part. I didn't know he could do an Outland application and be in Canada while it's being processed. I understand that visitors cannot work our problem is he the provider and I'm staying at home to work on my novel. Were willing to get married if it's worth our while and can still do it as lisences are provided day of application in my town but from the sounds of it, it's not worth our while.

I'm mostly just looking for information because navigating the immigration site is difficult and frustrating. The members of this forum are a wealth of information and I'm grateful for all your help.

In short if he's going to work and I remain at home going back to the uk until the wedding is our best bet right?

 

[SenoritaBella]

Why don't you ask his employer first and if they refuse, nothing lost?

Yeah I know which is why I'm saying his employer won't do it. Plus on his recent refusal one of the things that they listed is that his job does take a job away from a Canadian. Even despite the recent suggestion of promotion.

 

[kcastronaro]

Why don't you ask his employer first and if they refuse, nothing lost?

I think he's gonna bring it up but honestly I'm not hopeful at all...

 

[taffy7]

Its a tough one but honestly if you intend returning to the U.k then go back with him and return for the wedding after that apply outland for his PR. If you change you mind then you can both come back to live and he can work . I know myself that i am preparing to return back to the U.K if my husband don't get PR. The only reason we are doing it the reverse way is because i have a good job here and my husband has a job waiting for him when he gets here . Good luck which every way you decide.

 

[jomz]

I think he's gonna bring it up but honestly I'm not hopeful at all...

I'm not sure if this will help or if he qualifies, but it is worth looking into to see if his profession is approved for CEC. Please see the below link. I have a couple friends that applied through CEC for PR and were successful, of course there are conditions, I think it's worth the time to check it out. Also if you have specific CEC questions there is a board on this forum about it, just like this one for family sponsorship.

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

Good luck, wishing you much success.

 

[kcastronaro]

I'm not sure if this will help or if he qualifies, but it is worth looking into to see if his profession is approved for CEC. Please see the below link. I have a couple friends that applied through CEC for PR and were successful, of course there are conditions, I think it's worth the time to check it out. Also if you have specific CEC questions there is a board on this forum about it, just like this one for family sponsorship.


Good luck, wishing you much success.

No, unfortunately it doesn't. The reason I'm so doubtful about getting an LMO is I know for a fact the moment his employer posts his position online he'll have hundreds of applicants. He's just a product receiver in a factory, it's not a specific skilled job. Anyone could go and do it, I could even have his job if I wanted to.

Thank you though, this is good information for anyone else in a similar situation that might need it

 

[scylla]

In short if he's going to work and I remain at home going back to the uk until the wedding is our best bet right?

Not just until the wedding - until his PR application has been approved and he is able to come to Canada and become a permanent resident.

 

[kcastronaro]

Not just until the wedding - until his PR application has been approved and he is able to come to Canada and become a permanent resident.

Well that conflicts with what someone else said...

again, outland is usually COMPLETED in 8-10 months. so he won't be able to work DURING that process. meaning months 1-8 or months 1-10 he can only be in canada as a visitor. he can certainly be IN canada while his OUTLAND application is in process - only as a visitor.

Sorry, but which is it?

 

[rhcohen2014]

he can certainly enter canada as a visitor while the application is processing. he just needs to be prepared that he may only be allowed to be there for a short time. again, many people apply for visitor extensions which allow them to be there during the entire duration. i think the other poster was just saying he can't just come to canada once your married and live there legally (like in the US and UK). technically he will only be able to have visitor status until the PR application is approved.