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What does a person REALLY need to work in Canada

poecilotheria

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Jul 6, 2010
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I am a Canadian born Citizen. My boyfriend is about to move here from the USA in a months time.
He plans to become a permanent resident and possibly a citizen.
In the meantime he will be needing work as soon as possible.
We have been researching this for months now and just keep going in circles.

As far as we can tell he can pretty much just move here and then do most of the paperwork from this side of the border.
I'm not completely sure of this, but so far nobody has told us anything to the contrary.

At the moment the biggest concern is work...
After countless hours of reading I have come to the conclusion that he cannot work here legally unless he has either citizenship or permanent residency and that seems to take three years or more to achieve.

Is this correct ?

I know the system can be rather ridiculas but it doesn't make sense that we just let people move here and don't let them work to support themselves.
Perhaps we overlooked something, is there a quicker way or is that really it.

Thank you.
 

YorkFactory

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Oct 18, 2009
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He will not be able to move to Canada (or work here) before becoming a permanent resident. Any trips he takes to Canada will be visits, and he may be required to show ties to the U.S. (job, residence, etc.) before he's permitted to enter Canada.

Spouses or common-law partners from the U.S. seem to be getting approval in less than a year, but skilled-worker applications do tend to take closer to a couple of years to process.
 

steaky

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Nov 11, 2008
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Not quite. Being a visitor of Canada, if you are a lecturer, entertainer, artists and athletes and other non-residents rendering services (like television and filming services) in Canada holding relevant work permits you would be allowable to work in Canada.
 

Leon

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Jun 13, 2008
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As a US citizen, he is free to visit Canada for up to 6 months at a time but he can not officially move to Canada and he can not work unless he has a work permit. To get a work permit, he would need a job offer and in most cases a labour market opinion. This can be hard to achieve. Most employers do not want to bother applying for a labour market opinion because it's a hassle for them and unless they can prove that they couldn't find a Canadian for the job, they will be denied anyway.

If he did succeed in finding an employer who will apply for a labour market opinion, if the labour market opinion is approved and he applies for a work permit, he would be tied to that employer. To change jobs, he would need a new labour market opinion.

If you marry him, you could sponsor him for PR. If you manage to live together for 12 months or more, you would classify as common law married and you could sponsor him for PR. If you applied outland through Buffalo for sponsorship, it would take probably 7-8 months to get him permanent residency and then he could take any job without worrying about a work permit.

He would have to live in Canada for 3 years as a permanent resident before he can apply for citizenship.
 
Jul 7, 2010
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I am also in the same situation described above. My girlfriend is Canadian, but me, I'm a permanent resident in the USA.
I'm planning on mooving to canada but still the problem of getting a job and be able to work.

At the moment the biggest concern is work...
After countless hours of reading I have come to the conclusion that he cannot work here legally unless he has either citizenship or permanent residency and that seems to take three years or more to achieve.

Leon you said: " If you applied outland through Buffalo for sponsorship, it would take probably 7-8 months to get him permanent residency and then he could take any job without worrying about a work permit."
Can that also be applicable to me?

What are the solutions that may help me leave the Canadian Dream?

Thank you?
 

Leon

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Melvin, that can be applicable to you if you can be sponsored by your girlfriend. To make that happen, you either need to get married or you have to manage to live together for 12 months and be able to prove it.
 

pmcnary

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Jul 20, 2010
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as the story goes, I made a post and I am not reading other threads after getting home from work :eek: lol

anyway, Kinda in the same situation.

US citizen, looking to move to Montreal, QC with my Fiance who is a recently landed PR.
We would really rather not rush through our engagement and straight into marriage.
I was thinking there was a way to prove the common law / conjugal relationship we've before her student visa for the US ran out of time.

I'd like to find more info on the common law/conjugal scheme.
what are the differences EXACTLY.
common law we have and are still living together in a marital relationship?
conjugal we have been living a marital relationship but for one reason or another we haven't been able to live with each other ?

lol the troubles one will go through to follow the woman of their dreams.

anyways, like I said I put a new post towards the top of the list just thought I would add my situation to this thread as well.
ty
 

Malmo

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May 6, 2010
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Hello,
as I know, IF he was your HUSBAND, he could get his PR within 3 months BUT he would have to apply from the US.

Malmo
 

Leon

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pmcnary said:
I'd like to find more info on the common law/conjugal scheme.
what are the differences EXACTLY.
common law we have and are still living together in a marital relationship?
conjugal we have been living a marital relationship but for one reason or another we haven't been able to live with each other ?
Common law is if you have lived together for 12 months or more and can prove it. Conjugal is if you are unable to live together because of immigration barriers or other legal barriers but have combined your affairs as much as possible.

I would say stay away from conjugal if you can help it. The burden of proof is very hard and for one thing, they do not consider it an immigration barrier if one of you is from the US and the other from Canada because you are visa exempt to each others country and can easily visit for 6 months at a time. Many people qualify for their common law by coming to Canada on visit status and then extending after 6 months. If you read the CIC guidelines on conjugal, they say that if you could have lived together but didn't because one of you did not want to give up a job or studies, you need not apply.

You could get lucky with a visa officer and get your conjugal approved but it's common to be denied because they will say you could have lived together had you wanted to and that it shows lack of commitment to the relationship if you simply chose not to. They are not supposed to ask why you did not get married but I am sure that thought creeps in there too that if those people are truly committed to each other in a relationship, why would they not want to get married.
 

pmcnary

Newbie
Jul 20, 2010
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I was thinking conjugal because she is originally from Togo, Africa. we met a bit over a year ago, lived with each other for like 4 months or so, and then her student visa had ended and she had to return back to Togo. She had allready filed her stuff to immigrate to Canada before she met me and. She waited i think 5 months in Togo for Canadian approval to land and such, got an approval on a US visitor visa to come visit me, stayed with me a month, we moved some stuff to Montreal, and now here we are separated lol

of course I never got my passport stamped for my last 3 visits, i heard I have to ask for it when i go to cross into Canada. we have a little bit of financial cooperation, documentation on a couple of trips we've taken together, a year old engagement ring and documentation that I bought it, and utility bills that I took over for the last several months that I stayed in her apartment to finish off the lease for her.

lol I am just not sure exactly what all is needed to prove conjugal, I don't want to admit not having all of them, but I would at least like to try.
But, it looks like I might have to rush into the marriage period ::) lol

if anyone knows the EXACT things they are looking for to prove a conjugal relationship I would be GREATLY appreciative.
or if they have any suggestions on how what would perhaps be the easiest way to immigrate.

and thanks Leon, that was a great help ;D
~Patrick