Canada: Immigration Advice

rjessome

freeze4real wrote: »

Hi rjessome,

I'm in my teens studying economics in college will. E graduating next year. I would like to relocate to Canada but how can I do so.

I have no suitable work experience in relation to my degre.

Thanks.

In your shoes, I would try the IEC permits to start. No current program of permanent residence will work for you so you have to plan steps to accomplish your long term goals.

Roxanne

rjessome

shannon guy wrote: »

Would it be best to apply for work permit before going tho? When I go i need to start work very soon after.

Yes we have our common law union form signed and stamped so thats not an issue.

Does it take long for the work permit to come through after you have applied to CIC?

Unless you will be working in a field that requires you to undergo a medical examination prior to working in Canada (health care, with children, etc.) or have issues of past criminality or deportation, there is no advantage to apply to the visa office for the work permit.

You will NOT be issued a work permit by the visa office. All work permits are issued at the port of entry to Canada. The visa office will only assess you application and if approved, give you a letter of introduction for you to present to the immigration officer at the port of entry.

CHC London is SLAMMED busy right now. If getting here to work FAST is the goal, apply upon entry to Canada. It will probably take at LEAST a month for CHC London to process your application. If you skip them, you can hop on a plane the day after you receive the provincial nomination. Up to you.

Roxanne

Helix

Roxanne, just wondering what the current waiting time is for spousal sponsorship? me and the missus (a canadian) get hitched in june. I'm okay for work permits and all that thanks to intra-company transfers, but would like to actually get things made permanent in the next year or two. Also, is it a relatively straightforward process? We'll be married in Canada, so there's no worrying about international wedding licenses or anything like that. Not sure if that makes things easier. Any hints to make sure it goes as smoothly as possible?

Also, given the fact that I've got no problem getting intra company transfer letters from the boss for our Canadian office, would it just be easier for me to apply for PR that way (im here 3 years in august), rather than having the missus sponsor me?

Cheers!

rjessome

Helix wrote: »

Roxanne, just wondering what the current waiting time is for spousal sponsorship? me and the missus (a canadian) get hitched in june. I'm okay for work permits and all that thanks to intra-company transfers, but would like to actually get things made permanent in the next year or two. Also, is it a relatively straightforward process? We'll be married in Canada, so there's no worrying about international wedding licenses or anything like that. Not sure if that makes things easier. Any hints to make sure it goes as smoothly as possible?

Also, given the fact that I've got no problem getting intra company transfer letters from the boss for our Canadian office, would it just be easier for me to apply for PR that way (im here 3 years in august), rather than having the missus sponsor me?

Cheers!

Typically, spousal sponsorships are somewhat faster depending on the visa office processing the application. However, Since you've been in Canada for two years already as a worker, why not apply NOW under the Canada Experience Class? You wouldn't have to wait until you are married and CEC is an economic application. It's much more objective than a sponsorship in the family class. You have to PROVE your relationship in a sponsorship application which can be a pain, especially if you are not the type of people to take loads of photos, or have joint bank accounts, etc. With CEC, you either meet the Regulations or you don't.

Another note is that the Canadian government is going to change the law regarding sponsoring spouses. People who have been married less than 2 years, if approved, will receive Conditional permanent residence. You will have to show that you are still living together 2 years after you become a permanent residence to remove the conditions. If your marriage broke up, you would have to leave Canada. This is NOT the lawy yet but will be in the next month or so. If you apply under CEC, there are no conditions to your permanent residence.

Roxanne

Niamh84

Im in a complete panic. After waiting 5 weeks to hear anything for my second IEC I just got my application back saying their scanners couldnt read the barcode. It looks perfect to me. Not faded or anything. What do I do now. Print it off the same printer and hope for the best? My boyfriends application went at the same time and was printed the same way and now I dont even know if his is on its way back or not. This system is unreal. Now Im going to be right at the back of the processing queue.

Helix

rjessome wrote: »

Typically, spousal sponsorships are somewhat faster depending on the visa office processing the application. However, Since you've been in Canada for two years already as a worker, why not apply NOW under the Canada Experience Class? You wouldn't have to wait until you are married and CEC is an economic application. It's much more objective than a sponsorship in the family class. You have to PROVE your relationship in a sponsorship application which can be a pain, especially if you are not the type of people to take loads of photos, or have joint bank accounts, etc. With CEC, you either meet the Regulations or you don't.

Another note is that the Canadian government is going to change the law regarding sponsoring spouses. People who have been married less than 2 years, if approved, will receive Conditional permanent residence. You will have to show that you are still living together 2 years after you become a permanent residence to remove the conditions. If your marriage broke up, you would have to leave Canada. This is NOT the lawy yet but will be in the next month or so. If you apply under CEC, there are no conditions to your permanent residence.

Roxanne

cheers for that! i'll go the CEC route so. im here 3 years in august, BUT i didnt work the first year i was here on a student work visa. basically it was a nice holiday funded by my savings and i was scoping out the lay of the land for a future project, which is now going full steam ahead. so i dont think i technically qualify for CEC until august

is there implied acceptance with that, or would i need to get another intra company transfer letter when my current one runs out to tide me over? don't really want to confuse things on that front

Danteryu

Hi,

I need some advice about what to do next...
I'm pretty sure at this point I'm going to be rejected for my 2nd IEC because of the 18 month rule.

I've been with my current employer for about 6 months - it is skilled work, data analysis that requires third-level education. My previous job in Canada would not fall into the category of skilled work, so it's just this 6 months with my current employer in terms of valid work experience.

My current IEC expires in about 2 months - is it possible for me to get PR through an LMO with only 6 months working for this company? If the IEC expires while waiting for the LMO (which it probably would), do I have to leave Canada?

Another option is spousal sponsorship - I've been living with my Canadian partner for about 14-15 months. If this is my best option, can I change my status to visitor so that when my current IEC ends, I can stay in Canada as a visitor while waiting for the PR application?

Thanks for reading, really hope you can help me.

retalivity

Danteryu wrote: »

Hi,

I need some advice about what to do next...
I'm pretty sure at this point I'm going to be rejected for my 2nd IEC because of the 18 month rule.

I've been with my current employer for about 6 months - it is skilled work, data analysis that requires third-level education. My previous job in Canada would not fall into the category of skilled work, so it's just this 6 months with my current employer in terms of valid work experience.

My current IEC expires in about 2 months - is it possible for me to get PR through an LMO with only 6 months working for this company? If the IEC expires while waiting for the LMO (which it probably would), do I have to leave Canada?

Another option is spousal sponsorship - I've been living with my Canadian partner for about 14-15 months. If this is my best option, can I change my status to visitor so that when my current IEC ends, I can stay in Canada as a visitor while waiting for the PR application?

Thanks for reading, really hope you can help me.

This is exactly my situation, except my partner is not a canadian but is here on a study permit, and i can get a spousal work permit through her.

Pretty sure that you can apply for a common-law work permit after providing proof of your relationship (leases, shared bank accounts, etc). Once youve applied, you are under implied status, meaning you can continue to work or do whatever you are doing until a decision is made (even past the expiry of your IEC).
My IEC expired on Mar 7th. I got my application in for a common-law work permit on March 2nd. Lawyer told me not to expect an answer til July or so, but he's pretty confident i'll get it. Until then, i can continue to work. There was a question about whether my SIN would become invalid after the expiration data on my IEC, but I got paid last friday so no problems yet!

Hope this helps!

Danteryu

Thanks, that is a little reassuring!
Did you try an outland application because of the faster processing time?

I was worried about the IEC not giving you "implied status" because I had asked on another board, where someone told me that the IEC does not grant you implied status if you have a PR application in progress.
I'd trust what your lawyer said more than that though, obviously your lawyer knows what's actually true.

The SIN is another thing I was worried about, seems odd that you're still able to get paid without it.

retalivity

I went with a lawyer as my gf also had her study permit extension in and as both applications were dependant on each other we didnt want to take any chances. After outlining the situation to him, he assured us everything was ok and what we were doing was perfectly legal and a method that more and more people are using to work the system.
There's no impled status on an IEC visa when waiting for another IEC visa, but if you're applying in the country for a work permit, then you can get implied status, at least that's what the lawyer led me to believe. I should follow up with more on the SIN issue....whether i should get another one in the meantime or wait til a decision is made and get one then


EDIT: i've no idea of the outland application, but i think making one while in the country and staying past your visa may constitute fraud....

Danteryu

Oh, okay - I wonder if I could make an outland application while still in Canada (I know you can do that part) and be able to stay here while waiting for it, if the application is for spousal sponsorship PR...

hubba365

Having left out one signature on the family section of the IEC application it has been returned entirely. Do I have to submit an entirely new application pack or can I just fill in a new family form with the other older forms?

Silly mistake I know, cheers for any advice

rjessome

Helix wrote: »

cheers for that! i'll go the CEC route so. im here 3 years in august, BUT i didnt work the first year i was here on a student work visa. basically it was a nice holiday funded by my savings and i was scoping out the lay of the land for a future project, which is now going full steam ahead. so i dont think i technically qualify for CEC until august

is there implied acceptance with that, or would i need to get another intra company transfer letter when my current one runs out to tide me over? don't really want to confuse things on that front

Ah, ok. You will qualify after working for 24 months AND obtaining 3900 hours in a skilled position. Be sure to calculate both. No, there is no implied status for that but you mentioned before that another intra-company transfer letter would not be a problem. Read up on CEC applications here. http://www.cic.gc.ca/english/immigrate/cec/index.asp

There are two streams. One for international students and the second for temporary foreign workers. You are TFW stream. Good luck.

Roxanne

rjessome

Niamh84 wrote: »

Im in a complete panic. After waiting 5 weeks to hear anything for my second IEC I just got my application back saying their scanners couldnt read the barcode. It looks perfect to me. Not faded or anything. What do I do now. Print it off the same printer and hope for the best? My boyfriends application went at the same time and was printed the same way and now I dont even know if his is on its way back or not. This system is unreal. Now Im going to be right at the back of the processing queue.

Wow! So sorry! I would go to a stationary store or print shop and get it printed on their laser printers before submitting again. Same printer would probably equal the same results. Good luck.

Roxanne

rjessome

Danteryu wrote: »

Hi,

I need some advice about what to do next...
I'm pretty sure at this point I'm going to be rejected for my 2nd IEC because of the 18 month rule.

I've been with my current employer for about 6 months - it is skilled work, data analysis that requires third-level education. My previous job in Canada would not fall into the category of skilled work, so it's just this 6 months with my current employer in terms of valid work experience.

My current IEC expires in about 2 months - is it possible for me to get PR through an LMO with only 6 months working for this company? If the IEC expires while waiting for the LMO (which it probably would), do I have to leave Canada?

Another option is spousal sponsorship - I've been living with my Canadian partner for about 14-15 months. If this is my best option, can I change my status to visitor so that when my current IEC ends, I can stay in Canada as a visitor while waiting for the PR application?

Thanks for reading, really hope you can help me.

I'm using this quote for my reply but I'll answer all of the questions you wrote in the thread.

If your currently employer applies for an LMO for you and gets it, AND you meet the criteria for the Federal Skilled Worker program AND the employer is willing to offer you a permanent, full time job, you can apply for PR when you obtain an LMO based work permit. Or, possible the employer my be willing to go through the provincial nominee program. Lots of factors to consider.

With respect to your CL partner sponsoring you, that is possible and it's also possible for you to be able to continue working on implied status. BUT only IF you apply in the family class via the IN CANADA CLASS spousal/CL sponsorship and IF you get both this application AND an application for an Open Work Permit submitted BEFORE you current permit expires. Yes, you can do the overseas sponsorship process if you choose BUT you will not be able to continue working as there is no Open Work Permit application available via that route.

Keep in mind what I posted in another answer as well. It is very likely that the law regarding sponsorships in the family class is going to change to make the PR conditional for two years after becoming a permanent resident. If you and your partner are no longer together 2 years after you become a PR, you will lose your status as a PR. Again, this is NOT the law yet but will likely be enacted in the very near future.

About the SIN number, do not worry about it. Yes, it expires and you have to advise Service Canada when you get a new permit to extend it but it's a number Canada Revenue Agency uses to collect taxes from you. They are not likely to say, "stop paying us taxes." In all the years I've been working with foreign workers they have NEVER told anyone to stop paying taxes because of the expiry date. Provincial health insurance is another matter as well as your driver's license. Those WILL expire so you need to contact those agencies about what you can do for extensions if you don't have new permits.

Roxanne

rjessome

retalivity wrote: »

I went with a lawyer as my gf also had her study permit extension in and as both applications were dependant on each other we didnt want to take any chances. After outlining the situation to him, he assured us everything was ok and what we were doing was perfectly legal and a method that more and more people are using to work the system.
There's no impled status on an IEC visa when waiting for another IEC visa, but if you're applying in the country for a work permit, then you can get implied status, at least that's what the lawyer led me to believe. I should follow up with more on the SIN issue....whether i should get another one in the meantime or wait til a decision is made and get one then


EDIT: i've no idea of the outland application, but i think making one while in the country and staying past your visa may constitute fraud....

The lawyer advised you correctly. Again, don't worry about the SIN. Leave it alone until you get the new permit. Then go to Service Canada with the new permit and they will extend the SIN.

No, there is no "fraud" in that situation.

rjessome

hubba365 wrote: »

Having left out one signature on the family section of the IEC application it has been returned entirely. Do I have to submit an entirely new application pack or can I just fill in a new family form with the other older forms?

Silly mistake I know, cheers for any advice

Sign the form and send it back.

hubba365

rjessome wrote: »

Sign the form and send it back.

I recieved an email a week before getting the returned forms stating I would need to reapply (no information on return of entire pack) just want to be sure I wont get it back again in a month telling me to reapply again

hellothere1

rjessome wrote: »

Sign the form and send it back.

Send back a NEW family information form, don't just sign it and send it back as it will be returned to you! This has happened to a friend of mine already!

Danteryu

rjessome wrote: »

With respect to your CL partner sponsoring you, that is possible and it's also possible for you to be able to continue working on implied status. BUT only IF you apply in the family class via the IN CANADA CLASS spousal/CL sponsorship and IF you get both this application AND an application for an Open Work Permit submitted BEFORE you current permit expires. Yes, you can do the overseas sponsorship process if you choose BUT you will not be able to continue working as there is no Open Work Permit application available via that route.

Thanks so much for your reply.

Can you shed some light on what this Open Work Permit is? Does it have anything to do with IEC or is a totally separate thing? Is it tied to my common-law spouse in any way, who is a Canadian citizen?

If I get both the application for the OWP and spousal PR submited together, before my IEC expires, does that mean I can keep working at my current job without any fuss and the process is transparent to them?

Finally, is it possible to apply in the In Canada class, allowing me to work, but mail the application to Mississauga rather than Vegreville? The reason I'm asking this is because all indications seem to be that it's a LOT faster to process through Mississauga and then England, compared to Vegreville.

Again, thank you so much.

EDIT: Actually, it seems like if you send it abroad, you can't also send an OWP application, that's only if you send it within Canada?

hubba365

hellothere1 wrote: »

Send back a NEW family information form, don't just sign it and send it back as it will be returned to you! This has happened to a friend of mine already!

Did your friend get their approval afterwards?

hellothere1

hubba365 wrote: »

Did your friend get their approval afterwards?

They've only just sent back the forms so back to waiting again!

hubba365

Cheers

hubba365

rjessome wrote: »

Sign the form and send it back.

Will the old barcode pages still be valid? or will I need to fill these out again or just send the previous ones.

the pioneer

Hi there rjessome thanks for helping us out .I have received my job offer and unamed L M O . The company wants me to start work in may' the problem is i sent the original copys to the high com in london [did not know about applying at port of entry] i was wondering if i have no reply from the high comm before may ' can i go to port of entry with photo copys and if so do i need to bring police cert also. thanks in advance confussed

rjessome

Danteryu wrote: »

Thanks so much for your reply.

Can you shed some light on what this Open Work Permit is? Does it have anything to do with IEC or is a totally separate thing? Is it tied to my common-law spouse in any way, who is a Canadian citizen?

If I get both the application for the OWP and spousal PR submited together, before my IEC expires, does that mean I can keep working at my current job without any fuss and the process is transparent to them?

Finally, is it possible to apply in the In Canada class, allowing me to work, but mail the application to Mississauga rather than Vegreville? The reason I'm asking this is because all indications seem to be that it's a LOT faster to process through Mississauga and then England, compared to Vegreville.

Again, thank you so much.

EDIT: Actually, it seems like if you send it abroad, you can't also send an OWP application, that's only if you send it within Canada?

Hi,

Yes, applying and having the applications RECEIVED in Vegreville before expiry of the IEC would allow you to continue working. This is actually a grey area in the Regulations that CIC has not cracked down on yet. IEC is non-extendable. Even the 2nd year application is not technically an extension. It's a new IEC. However, CIC has been allowing (for several years) applicants in this situation to continue working assuming they've submitted and paid for both applications prior to expiry of their permit. If they ever decide to specifically indentify and rule on this (or post-graduate work permits which are also non-extendable) then it will create havoc. But for now, this has been the practice of CIC.

No, you cannot send it to Mississauga. They process overseas spousal sponsorship applications only. Overseas has faster processing time because the thinking is that the spouses/partners are separated and given priority to reunite them. In Canada Class is slower and not given priority because the spouses are together and not suffering the hardship of separation.

And as I said before, people applying overseas do NOT have the benefit of applying for an OWP. That is only available to In Canada Class applicants.

rjessome

hubba365 wrote: »

Will the old barcode pages still be valid? or will I need to fill these out again or just send the previous ones.

Ok, to be on the safe side, do them again and print with new bar codes.

rjessome

the pioneer wrote: »

Hi there rjessome thanks for helping us out .I have received my job offer and unamed L M O . The company wants me to start work in may' the problem is i sent the original copys to the high com in london [did not know about applying at port of entry] i was wondering if i have no reply from the high comm before may ' can i go to port of entry with photo copys and if so do i need to bring police cert also. thanks in advance confussed

Yes, you could. But you should have the decision back from CHC London before May.

[Deleted User]

<snip>

Helix

rjessome wrote: »

Ah, ok. You will qualify after working for 24 months AND obtaining 3900 hours in a skilled position. Be sure to calculate both. No, there is no implied status for that but you mentioned before that another intra-company transfer letter would not be a problem. Read up on CEC applications here. http://www.cic.gc.ca/english/immigrate/cec/index.asp

There are two streams. One for international students and the second for temporary foreign workers. You are TFW stream. Good luck.

Roxanne

cheers roxanne, just one final question for you. you mentioned that it's 24 months and 3900 hours in a skilled position - im senior management for a publishing company with a high level of expert knowledge on the industry we focus on... does that fall under skilled? also, last time i got an intra-company transfer the guy at immigration told me that next year i could just get a letter for 2-3 years, instead of the 1, was he right on that or is there a limit of a single year? because if i could get 2/3 on the next one it'd give me all the time in the world to get everything else sorted in the mean time

cheers!