Advice Needed

Old Jul 19th 2004, 5:26 pm
  #1  
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Default Advice Needed

Hi

I am currently in Canada for the second time this year to visit my girlfriend. First trip was 3 weeks in March, and the second was a year long visitors Visa which I am still using (started in June and expires June 2005).

Basically, to put all the soppyness to one side for one moment, I've decided she's the girl for me and wish to settle down. I have been looking on the CIC website which seems to do its best to complicate matters somewhat.

When I came to Canada the second time I gave up my rented flat and job/car etc because I knew I wouldn't be back for more than a few months. So this pretty much cuts all ties back home which I know looks bad in my case.

I was trying to avoid the whole 'getting married to help my application' saga because that road doesn't seem very moral (although we have every intention of marrying).

I have a job ready to be offered to me in my relevant field of experience (IT Support), but the whole process of either getting a Work Permit so I can work temporarily or even immigrating as a skilled worker seems extremely long winded. I do not understand how an employer can realistically hold a position open for months at a time whilst waiting for CIC and HRSDC to approve the job offer.

I need advice on what path I should follow to enable me to be with my girlfriend and work in the shortest length of time. If marrying is something that helps my situation we are willing to do that... but we want to try the 'normal' routes first.

My funds are decreasing fast so I need to sort this out asap... I'd rather not be away from my girlfriend for months at a time whilst I work to pay for my next trip to Canada.
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Old Jul 19th 2004, 5:45 pm
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Default Re: Advice Needed

What you mean by "year long visitor visa"? Have you been admitted to Canada for 12 months as a visitor? Or your visa sticker in your passport is valid for a year?

Unfortunately there are no shortcuts here - although getting work permit (if job offer is validated by HRDC) is still the fastest way for you to remain with your gf and work here.

Getting maried won't make work permit come any faster, it can only help you qualify for PR sponsorship as a spouse.



Originally posted by Tanty
Hi

I am currently in Canada for the second time this year to visit my girlfriend. First trip was 3 weeks in March, and the second was a year long visitors Visa which I am still using (started in June and expires June 2005).

Basically, to put all the soppyness to one side for one moment, I've decided she's the girl for me and wish to settle down. I have been looking on the CIC website which seems to do its best to complicate matters somewhat.

When I came to Canada the second time I gave up my rented flat and job/car etc because I knew I wouldn't be back for more than a few months. So this pretty much cuts all ties back home which I know looks bad in my case.

I was trying to avoid the whole 'getting married to help my application' saga because that road doesn't seem very moral (although we have every intention of marrying).

I have a job ready to be offered to me in my relevant field of experience (IT Support), but the whole process of either getting a Work Permit so I can work temporarily or even immigrating as a skilled worker seems extremely long winded. I do not understand how an employer can realistically hold a position open for months at a time whilst waiting for CIC and HRSDC to approve the job offer.

I need advice on what path I should follow to enable me to be with my girlfriend and work in the shortest length of time. If marrying is something that helps my situation we are willing to do that... but we want to try the 'normal' routes first.

My funds are decreasing fast so I need to sort this out asap... I'd rather not be away from my girlfriend for months at a time whilst I work to pay for my next trip to Canada.
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Old Jul 19th 2004, 5:54 pm
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Default Re: Advice Needed

Originally posted by Andrew Miller
What you mean by "year long visitor visa"? Have you been admitted to Canada for 12 months as a visitor? Or your visa sticker in your passport is valid for a year?

Unfortunately there are no shortcuts here - although getting work permit (if job offer is validated by HRDC) is still the fastest way for you to remain with your gf and work here.

Getting maried won't make work permit come any faster, it can only help you qualify for PR sponsorship as a spouse.
When I first entered Canada the officer was unhappy with my situation and disallowed my request to stay for the 6 months (which I was entitled too being from the UK and not holding a Visitors Visa). He gave me 4 weeks before I had to leave the country even though I stated I was looking for work but planned to return once I had established employement to apply for the work permit. He also advised myself and my girlfriend that if we were married we wouldn't have this problem. I immediatly wrote to the Canadian Embassy regarding this matter and the 'advice' the officer gave us (which by Canadian law was illegal [should not get married for immigration purposes[).

I also a week later applied for an extension to this date.

3 weeks later I recieved my extension to stay which had a expiry date of June 2005.

As for the job... it's basically the same job I had whilst I was in the UK so experience wise I have 4 years of in the same field. Unfortunatly I do not think he has advertised the position very well so I may suffer a shortfall there as he should have advertised the job to show reasonable effort to seek a Canadian to fill the position.

This whole situation is so overwhelming I am not even sure where to start. If getting married is the path to follow then so be it... I'll propose tomorrow.
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Old Jul 19th 2004, 5:58 pm
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Default Re: Advice Needed

So, you are here on the extension of stay. Remember that once you leave Canada such extension is gone.

As far as marrying - it is probably the only option you have based on little info you provided so far.



Originally posted by Tanty
When I first entered Canada the officer was unhappy with my situation and disallowed my request to stay for the 6 months (which I was entitled too being from the UK and not holding a Visitors Visa). He gave me 4 weeks before I had to leave the country even though I stated I was looking for work but planned to return once I had established employement to apply for the work permit. He also advised myself and my girlfriend that if we were married we wouldn't have this problem. I immediatly wrote to the Canadian Embassy regarding this matter and the 'advice' the officer gave us (which by Canadian law was illegal [should not get married for immigration purposes[).

I also a week later applied for an extension to this date.

3 weeks later I recieved my extension to stay which had a expiry date of June 2005.

As for the job... it's basically the same job I had whilst I was in the UK so experience wise I have 4 years of in the same field. Unfortunatly I do not think he has advertised the position very well so I may suffer a shortfall there as he should have advertised the job to show reasonable effort to seek a Canadian to fill the position.

This whole situation is so overwhelming I am not even sure where to start. If getting married is the path to follow then so be it... I'll propose tomorrow.
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Old Jul 19th 2004, 6:07 pm
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Default Re: Advice Needed

Originally posted by Andrew Miller
So, you are here on the extension of stay. Remember that once you leave Canada such extension is gone.

As far as marrying - it is probably the only option you have based on little info you provided so far.
Not sure what else I can provide to you so you can assess my chances better.. it's also 02:02 and very sleepy and worried

We met over the internet as friends which blossomed into a relationship during my 3 week stay in March. I've been in Canada since May 22nd staying with my girlfriend. I have been seeking employement via websites and handing out resumes to local businesses. So in total I have known my girlfriend for just over a year.

Ideally what I wanted to do was to find a job, apply for a work permit, come back to Canada and marry her. Then apply for a PR Visa.

It's so frustrating to see Immigrants (legal and not) here living off the goverment whilst here I am wanting to work and support myself and my girlfriend (plus kids). I have no intention of applying for social assistance and I have medical insurance which covers me for a year.

If you let me know what you need to better assess my situation I'll provide it... I'm at wits end right now.
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Old Jul 19th 2004, 7:19 pm
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Default Re: Advice Needed

So looking through the forum a little more has revealed a path for us to take it seems. Let me know if the following is realistic.

Get married.

Submit a Spouse sponsored application for PR.

During the PR processing I return home and work a little and then return to Canada as a visitor as my funds allow.


Questions that spring to mind right away are;

Does she have to provide documentation showing her income etc to support me, or is a declaration to provide the basics for me enough?

Will leaving the country to work and returning effect the PR application.

Will I have any issues getting back into the country in my current situation if I show that I was issued a years visitors visa and still returned to the UK.

What are the chances of a Spouse Sponsored Application failing?
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Old Jul 20th 2004, 2:03 am
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Default Re: Advice Needed

Your wife will have to submit evidence of her financial situation, especially income. While meeting minimum income requirement is waived when sponsoring spouse it is still mandatory for sponsor to prove that she has the ability to support herself and her spouse and meet undertaking agreement's obligations.

Leaving Canada will not affect the case if filed as sponsorship from abroad and I would suggest this route under your circumstances.

You shouldn't have problems visiting Canada as long as you disclose at the port of entry fact of having PR application pending.



Originally posted by Tanty
So looking through the forum a little more has revealed a path for us to take it seems. Let me know if the following is realistic.

Get married.

Submit a Spouse sponsored application for PR.

During the PR processing I return home and work a little and then return to Canada as a visitor as my funds allow.


Questions that spring to mind right away are;

Does she have to provide documentation showing her income etc to support me, or is a declaration to provide the basics for me enough?

Will leaving the country to work and returning effect the PR application.

Will I have any issues getting back into the country in my current situation if I show that I was issued a years visitors visa and still returned to the UK.

What are the chances of a Spouse Sponsored Application failing?
Andrew Miller is offline  
Old Jul 20th 2004, 3:59 am
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Default Re: Advice Needed

Originally posted by Andrew Miller
Your wife will have to submit evidence of her financial situation, especially income. While meeting minimum income requirement is waived when sponsoring spouse it is still mandatory for sponsor to prove that she has the ability to support herself and her spouse and meet undertaking agreement's obligations.

Leaving Canada will not affect the case if filed as sponsorship from abroad and I would suggest this route under your circumstances.

You shouldn't have problems visiting Canada as long as you disclose at the port of entry fact of having PR application pending.
OK but I see a problem here right away.

She's living in housing provided by the goverment with subsidised rent. Obviously when I arrive this would have to be declared and rent probably increased, but this wouldn't be a problem because I would seek work immediatly (and throughout the PR application). Problem is this would probably count as social assistance and I suspect this would effect the income related question.

At the end of the day she would not be supporting myself financially, but it's how to make CIC realise and believe this.

*sigh* Who'd have thought things would be so difficult
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Old Jul 20th 2004, 4:24 am
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Default Re: Advice Needed

Unfortunately it has nothing to do with your financial situation and your abilities to work and support yourself. It is the sponsor who must document that she can support you and meet undertaking obligations - it is a sponsorship case. And sponsor cannot be on social assistance - I have no idea if her housing assistance in the Province she receives it is classified as social assistance or not. If it is then her application to sponsor will most likely be refused.

In such case you better try to find out if you can qualify on your own - with job offer it shouldn't be a big problem.




Originally posted by Tanty
OK but I see a problem here right away.

She's living in housing provided by the goverment with subsidised rent. Obviously when I arrive this would have to be declared and rent probably increased, but this wouldn't be a problem because I would seek work immediatly (and throughout the PR application). Problem is this would probably count as social assistance and I suspect this would effect the income related question.

At the end of the day she would not be supporting myself financially, but it's how to make CIC realise and believe this.

*sigh* Who'd have thought things would be so difficult
Andrew Miller is offline  

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