simongrounds

Hi there

I'm new to the forum, so bear with me!!

I am currently living in BC with my girlfriend, I am on a 1 year Open Work Permit (via BUNAC). I would like to stay living and working in BC.

I have been living with my girlfriend since I arrived 15 September 2009, and therefore we won't be common law until 14 September 2010, when my current open work permit expires.

I plan to apply for permanent residency common law. But, I can't apply for that until my current permit expires! I would like to continue working and living in Canada while the application is being processed. What are my options?

Any advice would be gratefully received

Thanks in advance

Simon

PS I am a Chartered Accountant and have been contracting here as I haven't found permanent employment.

Kynn

Option 1:

Fill out paperwork to change status to Visitor and send it in PRIOR to your Bunac expiring. You may then stay as a visitor (not working) until your PR is finalized (most people lately that apply outland seem to be completed and landing by 3-4 months).

Option 2:

Find a full time job and have the employer apply for an LMO. If successful, you can get a temporary work permit. Again, needs to all be finished prior to Bunac expiring if you want to keep working.

Option 3:

Fill out and submit the paperwork. Return to the UK and find employment there until PR is granted. Return to Canada, land, and find work here.

Option 4:

Apply for PR via the Inland route, submitting an Open Work Permit application at the same time. When Approval in Principle is granted (around 6 months), so will your OWP be. Begin work (can't work until you get it) and wait for PR.


All of the above assume you have the necessary 'proof' of common-law relationship to apply for PR of course.

roxye3

See if BC have a Provincial Nomination Programme (PNP). I was on a 1 year WHV from the Buffoons at Bunac. You'll still have to get a full-time, perm' job though! I applied for Nova Scotia PNP and got my perm' res' in 6 months! You have time but my advice to you is DO NOT PROCRASTINATE otherwise you will be sorry! If not then a 2 year TWP can be got by getting a full-time, perm' job and then, with your employer, applying for a Labour Market Opinion from Service Canada's HRSDC. You can even do it online. Took me 4 weeks from front to end. The procedure is pretty standard and painless.

DigitalGhost

It does and the scope is quite wide there I think.

They even have a fast track program for some occupations including unskilled ones.

simongrounds

Thanks for the info guys!

I have looked into the PNP and if I had a permanent job offer that would be my preferred route. However, the job market isn't amazing, and therefore I can't rely on this being an option!

Applying for common law PR is the only option I can see definitely working, I am confident we will have enough proof come September 2010.

I am keen to continue working, in Canada, while the PR is being processed though. This doesn't sound like it's an option though without permanent work arranged? 6 months, in Canada, waiting for Approval in Principle is not an option (unless I win the lottery).

Is it possible to apply outland, receive Approval in Principle (earlier than Inland) and then apply for a work permit?

Also, regarding Kynn's Option 3:

Fill out and submit the paperwork. Return to the UK and find employment there until PR is granted. Return to Canada, land, and find work here.

Would this not mean we are no longer common law if I return to the UK (without my girlfriend) and work?

Thanks again

Simon

Kynn

My understanding is that once you meet the 12 mos commonlaw and submit the paperwork, returning to the uk (as you visa is up and you're "required" to leave Canada - or change status) won't invalidate the common-law status for purpose of the application. You're not leaving "by choice" you're leaving because your visa is up. But I could be wrong...hopefully an expert will clarify why it can be done that way.

roxye3

Implied status!

If all your paper work is submitted to CHC before your current visa is up you have what is known as "Implied Status". You can work until you know otherwise!

simongrounds

Hey roxye3, unfortunately we are not common law until the day my visa expires (or perhaps the day after?!). So my application would be submitted the day after my visa expires, at the earliest. Plus my SIN card (and visa) expires the same day, so no one will employ me!!

Kynn, thanks for the info, sounds good, can anyone confirm this?

simongrounds

Hey guys, it's gone a bit quite. Any more advice/info for me?

Thanks

Simon

BlackIceBoy

Anticipate. Start saving already. Cut back on the partying. Start preparing all your application paperwork now. Apply when your visa is up, 3 months out of work (tops) before your PR arrives and you starve to death in the name of love.

That's not just my advice, my flatmates did exactly that and my friend will be a Canadian citizen this Summer.

bflava

u have all the best advice with 4 options, all options are good .

One thing u dont seems to understand is u cant work after your 1 yr so the best bet is to start the process now and also u can start the application and as yr one is up apply for extentionsionand at the same time do an Outland application which once landed in 2- 8 months u can start work...

good luck

craig25

u can apply to extend your working visa even though it will get rejected as long as cic receive your aplication before your bunac expires,until rejected you will be on implied mode so you can work,once rejected you will either have to apply as a visitor or leave the country but by then hopefully you wont have long to get your pr.

simongrounds

Ok, so how would implied status work?

My SIN no. expires the same day as my visa, and my visa has an expiry date. I don't see how anyone would employ me!!


Also, can anyone answer this:

"Is it possible to apply outland, receive Approval in Principle (earlier than Inland) and then apply for a work permit?"


At the moment my only real option is to return to the UK and work (as I need the money) while my visa is being processed. I don't really want to do this.

openupyoureyes

Hey I'm in a simliar situation, my husband is british and I'm a canadian resident. Two things.. if you're girlfriend is a citizen you can apply with both of you outside Canada so you could both go to the UK and work till it's processed (2-6 months should be through the london office from what I hear).
Also, and I know this is against what a lot of people want to hear, but what about getting married? I mean a lot people think about the whole 'too soon' thing, but it depends how important staying together for you is, if you're going to be together for the rest of your lives, isn't that what getting married is for Just an idea.
As for your question, I don't think there is a work permit after AIP for outland applications, I can't find any information for it in the 'guide' whilst the inland guide has a section on working. I think they're assuming you're outside the country, hence why you'd probably still have to go down to the border to activate your Spousal Visa/do your arrival interview.
Personally if I were you I'd just wait it out, if you guys are a strong enough couple to be applying for spousal visa I'm assuming your girlfriend will take care of you (that's the whole obligation of it isn't it?) I know I'll have to support my husband till it all goes through, and afterwards legally for years. In some ways the spousal visa is as much a legal commitment as marriage. But anyway I guess that's not an option or you would have mentioned it.

simongrounds

Do we both have to be out of canada to apply?

It's not really an option for my girlfriend to leave the country for more than 2 weeks