Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working visa
May 25th 2009, 5:10 am
#31
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Joined: May 2009
Location: Toronto, ON
Posts: 242
Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
Hi Pamela!
My boyfriend is in the exact same situation as you, with a BUNAC visa...however his visa will expire on Sept 30, 2009 which is the same day that our common law status kicks in (we will have lived together for 1 year). In order for him to have "implied status", he would need to apply BEFORE his visa expires, correct? In his situation, if we send off his application for spousal sponsorship/ PR the same day his visa expires, do you think that would still be considered valid? Any help or info that you have would be amazing!
Thanks,
Melissa
My boyfriend is in the exact same situation as you, with a BUNAC visa...however his visa will expire on Sept 30, 2009 which is the same day that our common law status kicks in (we will have lived together for 1 year). In order for him to have "implied status", he would need to apply BEFORE his visa expires, correct? In his situation, if we send off his application for spousal sponsorship/ PR the same day his visa expires, do you think that would still be considered valid? Any help or info that you have would be amazing!
Thanks,
Melissa
Hi Melissa,
please don't forget that your boyfriend will have implied status only if he applies for a change of status as visitor or temporary worker!
Sending in your PR application does not give him automatically a legal status in Canada!
As I already explained it's two different applications you have to hand in!
1. change of status as visitor or temporary worker
2. PR application as spouse
For the change of status as temporary worker he needs an LMO from an employer.
May 25th 2009, 5:13 am
#32
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Location: Toronto, ON
Posts: 242
Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
I have a friend here who is doing exactly what the OP described - her BUNAC visa expired in late September or early October last year (can't remember exact date, I didn't know her then!), and she applied for common law sponsorship through her Canadian partner at that time. She has continued to work for the same employer since then and knew that she would be unable to leave Canada or the employer during processing in order to continue under implied status. They have recently received a request from CIC for an additional document which they submitted and are now waiting to hopefully get approval in principle any time now. When the AIP comes through she will be eligible for an open work permit.
As far as I am informed implied status has only a validity of 90 days after your old visa expires (October/November/December 2008).
This example sounds to me that your friend is currently out of status and working illegally if she hasn't received the AIP....
Jul 4th 2009, 2:34 pm
#33
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Posts: 150
Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
I am under the impression that you can't have a common law partner/spouse before you apply to bunac. If you just have a boyfriend/girlfriend who you havent lived with yet, then you can get bunac.
Jul 4th 2009, 2:35 pm
#34
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Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
Jul 4th 2009, 2:39 pm
#35
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Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
Before I applied for BUNAC I told them that I had a Canadian boyfriend only (which was true at the time) We hadn't lived together yet and so were not classed as common law. But now after nearly a year living together in Canada, we will be common law and will apply for common law visa. Hopefully this won't cause a problem. At no point during the BUNAC application did they say you can't live with your Canadian bf/gf. Nothing says that you arent allowed to live together towards the 1 year common law application.
Any other input/advice from others who have done this would be appreciated! There seems to be conflicting information that people are getting...
Any other input/advice from others who have done this would be appreciated! There seems to be conflicting information that people are getting...
Hi and welcome to the forum.
Another potential problem is that you are not supposed to have a Bunac visa if you have a Canadian partner - so not sure how you managed that one! Whether that will cause problems later I have no idea, it's recently been discussed on the forum by people in a similar situation (i.e. whether the time together on a Bunac visa can be counted towards common-law sponsorship if you weren't supposed to be living with a Canadian partner whilst on it) but I don't know what the outcome was - might be worth a quick search of the forum though.
Best of luck with it.
Another potential problem is that you are not supposed to have a Bunac visa if you have a Canadian partner - so not sure how you managed that one! Whether that will cause problems later I have no idea, it's recently been discussed on the forum by people in a similar situation (i.e. whether the time together on a Bunac visa can be counted towards common-law sponsorship if you weren't supposed to be living with a Canadian partner whilst on it) but I don't know what the outcome was - might be worth a quick search of the forum though.
Best of luck with it.
Aug 1st 2009, 8:53 am
#36
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Posts: 234
Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
hello i will be in the same situation at the end of august when my bunac visa runs out but i was planning on using the outland application while i stay in canada for a month or so then fly back to england to stay with family,does anyone know if i sent my outland application could i continue to work in canada
Aug 1st 2009, 11:46 am
#37
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Joined: May 2004
Posts: 9,708
Re: Advice needed from knowledgable expat please. Re: spousal sponsor/bunac/working v
Hi
Not without a valid work permit for which you would need a LMO.
hello i will be in the same situation at the end of august when my bunac visa runs out but i was planning on using the outland application while i stay in canada for a month or so then fly back to england to stay with family,does anyone know if i sent my outland application could i continue to work in canada
