nevee

Hi all,

my employer has applied for a LMO, which fingers crossed will be positive. I just had a question about what to do if/ when a positive LMO comes back - I'm currently in Canada on the 1 year BUNAC visa. If my employer gets a positive LMO I will be applying straight away for a new work permit (as you can't extend the BUNAC visa). However, do I apply for a same employer work permit or a new employer work permit? Technically it is the same employer that I will be working for but as my BUNAC visa is an open work permit this is the first time that I will be applying for a work permit to work for them - so that leads me to think that I need a new work permit for a new employer unit. Am I correct?

Secondly, do I apply from within Canada or from outside Canada? I'm currently living and working in Canada but my local visa office is the London office as I'm a British citizen. Also, can I apply at a port of entry or do I need to submit an application online/ by mail.

Lastly, my partner and I will have lived together for 361 days continuously once our BUNAC visas expire at the end of this year. If I have to stay here on implied status while I wait for my new work permit and she has to leave the country, when can she come back (after Christmas on a TRV)? And how can we maintain common-law status (i.e. considered living together for over 1 year continuously). We've been together a few years, have lots of photos together, proof of holidays, joint bank accounts, stat. declarations form parents can be arranged etc. but we only moved in together 9 months ago. We would rather not get married for the sake of immigration.

Any help or advice is greatly appreciated.

Thanks and Happy belated Thanksgiving,

N.

CanadaJimmy

New employer, your old employer would be "Open" on the BUNAC scheme so you have to apply as a fresh TWP.

Yes.

Best way would be to get an LMO and Job Offer letter and then to the trip round the flagpole, that is, enter and exit the United States, and pick up a new Permit at the POE.

She can go with you on your flagpole trip and get a visitors visa into Canada, though she will have to provide proof that she will leave after her stay, so you may have to provide proof of ties to the UK etc.

Or you could try pushing it at the border and seeing if you can get an open spousal work permit. I don't know how they decide whether the spouse qualifies but perhaps someone else will be able to answer that one.

canada10

Here's a somewhat related question: it possible to send in a PR application directly after one has received a positive LMO?

nevee

Thanks for the response Canada Jimmy, appreciated.

nevee

Just in relation to Jimmy's suggestion above - I'm a bit worried about doing the flagpole trip, has anyone done that recently for a new work permit when they're currently living and working in Canada?

Can anyone shed any light on the common-law partner issue? i.e. The fact that we will have been living together for 361 days (4 short of a year). We can confirm that we've been in a loving relationship for over 2.5 years (photos, holidays, letters of support from parents etc. joint back account) but we will have only lived together for 361 days when she has to return home (due to her BUNAC visa expiring) while I may have to stay here on implied status while I wait for a new work permit.

Thanks!

Niamh.

Siouxie

She can make an application to change from a "worker" visa to a visitor and extend her visitors status - you can do it online or by snail mail - without leaving the country. Then, whilst waiting for approval (or denial) she will have implied status which will give you time to make the magic 366 days (at least one year) for common-law status.

http://www.cic.gc.ca/english/e-servi...tend-visit.asp / http://www.cic.gc.ca/english/visit/extend-stay.asp

(putting in the assessment that she is here working and wishes to change her status to that of visitor...)


"...According to the answers you have provided, you are eligible to apply to extend your stay in Canada as a visitor.

IMPORTANT: You must submit your application before the expiry date of your status. If you do not, your status will expire and you will be required to pay a fee of $200 to restore your status.

You can apply online to extend your stay as a visitor. To find out more about how to apply and which documents and information you will need to apply, log into MyCIC to access the online application.

MyCIC is your space on the Citizenship and Immigration Canada website. MyCIC allows you to apply and pay online.You can also use MyCIC to update your e-mail address and view your application correspondence from CIC.

You will need a Government of Canada epass to access MyCIC. Visit CIC Secure Online Services to log in to MyCIC or to register for an epass.

You can also apply by paper by downloading and completing the Application to Change Conditions, Extend My Stay or Remain in Canada.

This self-assessment tool is intended for general guidance and reference only. A Citizenship and Immigration Canada officer will make a legal decision based on the information you provided in your application.

Choose Exit to return to the Online Services page..."

nevee

Hi siouxie,

Wow! Thanks so much for the reply.

Do you know if the same process applies for BUNAC 1 year work travel visas though? I'm just conscious that we were told that we HAVE to leave the country at the end of the year and that it states on her visa that it "cannot be extended". I suppose we could just go ahead and apply and see.

Thanks for the info

Siouxie

You are most welcome.

As far as I am aware, whilst you can't extend the Bunac Visa itself there is no reason why she can't request a change of status and extension of stay (from worker to visitor).

The current processing times for "snail mail" applications is 97 days, so plenty of time to get your "common law" status! http://www.cic.gc.ca/english/informa...n.asp#temp_res

Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

From reading the guidelines and the manual for visitors, I believe it is quite legitimate for her to apply, she just need to ensure that she puts down legitimate reasons for wishing to stay and proof that you have funds to support her and she should ensure she can prove the means to leave at the end of the extension should she be required to do so. (You can reapply for an extension when this one runs out as well). She should arrange for some form of insurance to cover any medical emergencies as well, if possible.

Full details of what they are looking for and the rules are in the manual:
http://www.cic.gc.ca/english/resourc...p/ip06-eng.pdf

Hope that helps!

matthewc

It's worth adding that, as long as your job is listed as skill level 0, A or B in the NOC, once you have the magic 365+ days of continuous cohabitation, your CL partner will be eligible for an open work permit.

http://www.cic.gc.ca/english/informa...work-faq08.asp

So you could do this...

1. Submit the visitor extension by mail before her current status expires.
2. Wait until you qualify as common-law, and you have your new work permit.
3. Do another trip out to flagpole and pick up her open work permit.

You might want to complete a statutory declaration of common-law union to be on the safe side, and take that when getting her work permit, along with proof (e.g. lease) you've been living together for more than a year.

There's a very good chance she'd then have the open work permit before they even open the temporary resident extension. Once she has the OWP you'd call the call centre and ask them to put a note on her file saying she no longer needs the visitor extension, and please don't process it.

If you're really lucky, you might even get the $75 for the visitor extension back... probably not though.

Siouxie

Good point Matthew - I had forgotten about the work permit angle for her!

Kudos

nevee

Thanks a million both Matthew and Siouxie, that makes me feel a lot better and more comfortable now. At least this way we can guarantee that we will get the common-law status and know that we won't have to be separated for any long periods of time We'll have to skip going home for Christmas but I can live with that if all this works out. Our families will just have to come visit us next year instead!

Now 'all' I have to worry about in the meantime is the outcome of the LMO (submitted in BC 4 weeks ago) and my PR application.

Cheers,
N.