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Which class to apply under? Advice please...

Which class to apply under? Advice please...

Old Jul 19th 2005, 11:22 am
  #1  
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Default Which class to apply under? Advice please...

Hi,

I have dual UK / Canadian nationality and have been working in Toronto for about a year now. My girlfriend is also out here on a Working Holiday Visa, which runs out this October. She's just been offered a job, but they don't want to go through the rigmarole of applying to HRDC. We both meet the skilled worker requirements and both have NOC classified occupations.

SO:

1) Is it quicker to process family class applications or skilled worker applications? Which should we go for, and what are the chances of getting it turned around before October?

2) I understand that spouses of skilled foreign workers don't need HRSDC approval, just a job offer. Since I have UK nationality and am working in a skilled occupation, can we go down this route?

3) I believe she could still apply for family-class PR status and remain in Canada even if her status lapsed, but is there any way to carry on working / extend her work permit? Obviously this company isn't going to be over the moon about having the new hire unable to work while waiting for approval.

Any advice would be much appreciated and attract huge doses of good karma.
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Old Jul 19th 2005, 12:03 pm
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Default Re: Which class to apply under? Advice please...

You are a Canadian, so what are your qualifications is irrelevant as you are not the one who will be applying for PR visa.

1) Sponsoring spouse or common-law partner will be much faster than any other route, but it is highly unlikely to have it concluded by October.

2) You are a Canadian, not a foreign worker

3) if you start sponsorship process she will have to keep her status legal, it means applying for extension of stay and change of status to visitor before current permit expires.

But your problem is that girlfriends and boyfriends cannot be sponsored as they are not members of Family class. You have to be married or meet the definition of common-law partners - living together in conjugal relationship and having done so already for at least 12 months - before you can do anything.


Originally Posted by UCanuck
Hi,

I have dual UK / Canadian nationality and have been working in Toronto for about a year now. My girlfriend is also out here on a Working Holiday Visa, which runs out this October. She's just been offered a job, but they don't want to go through the rigmarole of applying to HRDC. We both meet the skilled worker requirements and both have NOC classified occupations.

SO:

1) Is it quicker to process family class applications or skilled worker applications? Which should we go for, and what are the chances of getting it turned around before October?

2) I understand that spouses of skilled foreign workers don't need HRSDC approval, just a job offer. Since I have UK nationality and am working in a skilled occupation, can we go down this route?

3) I believe she could still apply for family-class PR status and remain in Canada even if her status lapsed, but is there any way to carry on working / extend her work permit? Obviously this company isn't going to be over the moon about having the new hire unable to work while waiting for approval.

Any advice would be much appreciated and attract huge doses of good karma.
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Old Jul 20th 2005, 12:37 am
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Default Re: Which class to apply under? Advice please...

We've been living in a conjugal relationship for the past 5 years - so that oughtn't to be a problem.

But how can I prove this, and at what stage in the proceedings will they ask for it?

Also - can a 'visitor' volunteer?

Sorry for the 20 questions and thanks in advance.


Originally Posted by Andrew Miller
You are a Canadian, so what are your qualifications is irrelevant as you are not the one who will be applying for PR visa.

1) Sponsoring spouse or common-law partner will be much faster than any other route, but it is highly unlikely to have it concluded by October.

2) You are a Canadian, not a foreign worker

3) if you start sponsorship process she will have to keep her status legal, it means applying for extension of stay and change of status to visitor before current permit expires.

But your problem is that girlfriends and boyfriends cannot be sponsored as they are not members of Family class. You have to be married or meet the definition of common-law partners - living together in conjugal relationship and having done so already for at least 12 months - before you can do anything.
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Old Jul 20th 2005, 1:41 am
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Default Re: Which class to apply under? Advice please...

You must provide conclusive evidence - both names on rent agreements, utility bills, joint bank accounts and credit cards, insurance policies, statements from family and friends, etc. will be just a bare minimum. All claims must be proven with complete application package.

No, visitor can't volunteer. Work is work, paid or not. Unless it is something what never is paid for, like being big sister for example


Originally Posted by UCanuck
We've been living in a conjugal relationship for the past 5 years - so that oughtn't to be a problem.

But how can I prove this, and at what stage in the proceedings will they ask for it?

Also - can a 'visitor' volunteer?

Sorry for the 20 questions and thanks in advance.
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Old Jul 20th 2005, 3:50 am
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Default Re: Which class to apply under? Advice please...

[QUOTE=UCanuck]We've been living in a conjugal
relationship for the past 5 years - so that oughtn't to be a problem.

But how can I prove this, and at what stage in the proceedings will they
ask for it?


You should also be able to submit a certified affidavit - that will do the trick. I guess if you drafted a letter declaring your long standing conjugal relationship, you should be able to find a lawyer that would certify that for you for under $20.
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Old Jul 20th 2005, 4:26 am
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Default Re: Which class to apply under? Advice please...

Absolutely not enough, sorry. It is mandatory to include Statutory Declaration of Common-Law Union, but such declaration alone proves nothing.


[QUOTE=WyteWolf]
Originally Posted by UCanuck
We've been living in a conjugal
relationship for the past 5 years - so that oughtn't to be a problem.

But how can I prove this, and at what stage in the proceedings will they
ask for it?
Originally Posted by UCanuck

You should also be able to submit a certified affidavit - that will do the trick. I guess if you drafted a letter declaring your long standing conjugal relationship, you should be able to find a lawyer that would certify that for you for under $20.
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Old Jul 21st 2005, 2:45 am
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Default Re: Which class to apply under? Advice please...

Hmm. Thanks for the advice chaps. So basically, we're screwed. There's no way she's going to be able to take this job, we can't afford to be here on just my salary, and there's no way she can be made legal before her working visa runs out. So a highly-qualified young canadian and his highly-qualified spouse of five years take their skills elsewhere. Way to go CIC!

Say it ain't so Andrew... is there anything else I haven't thought of? Or any way to extend one-year work visas?

[QUOTE=Andrew Miller]Absolutely not enough, sorry. It is mandatory to include Statutory Declaration of Common-Law Union, but such declaration alone proves nothing.


Originally Posted by WyteWolf
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Old Jul 21st 2005, 3:51 am
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Default Re: Which class to apply under? Advice please...

No way to extend working holiday visas. She needs to get job offer approved by HRSDC and apply for new, standard work permit. What exactly is her job now and what are her qualifications?


[QUOTE=UCanuck]Hmm. Thanks for the advice chaps. So basically, we're screwed. There's no way she's going to be able to take this job, we can't afford to be here on just my salary, and there's no way she can be made legal before her working visa runs out. So a highly-qualified young canadian and his highly-qualified spouse of five years take their skills elsewhere. Way to go CIC!

Say it ain't so Andrew... is there anything else I haven't thought of? Or any way to extend one-year work visas?

Originally Posted by Andrew Miller
Absolutely not enough, sorry. It is mandatory to include Statutory Declaration of Common-Law Union, but such declaration alone proves nothing.
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Old Jul 21st 2005, 3:53 am
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Default Re: Which class to apply under? Advice please...

Originally Posted by UCanuck
we can't afford to be here on just my salary, and there's no way she can be made legal before her working visa runs out. So a highly-qualified young canadian and his highly-qualified spouse of five years take their skills elsewhere. Way to go CIC!
Move somewhere you can afford to live on one salary. Lots of people make it on one salary if they really have to. Just wait till you have kids and you either have to pay most of one salary out for childcare or one of you stays home to take care of them!

If you are both so highly skilled get the potential employer to go down the work permit route for your spouse.

Seriously, what did you think would happen after the year was up? If you want to stay in canada then get that common law spouse application in there ASAP and hope approval in principal comes sooner rather than later.

Andrew...does a working holiday visa tie you to one employer, or can she start to work for this potential employer now in the hope she can convince them she is worth the hassle of applying for a "real" work permit before the holiday visa runs out? Ive a feeling the working holiday visa is fairly restrictive?
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Old Jul 21st 2005, 3:55 am
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Default Re: Which class to apply under? Advice please...

All depends what is specified and/or restricted on the particular permit.

Originally Posted by iaink

Andrew...does a working holiday visa tie you to one employer, or can she start to work for this potential employer now in the hope she can convince them she is worth the hassle of applying for a "real" work permit before the holiday visa runs out? Ive a feeling the working holiday visa is fairly restrictive?
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Old Jul 21st 2005, 9:42 am
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Default Re: Which class to apply under? Advice please...

Crikey. I'm here waiting for PR and I guarantee my boyfriend, who is supporting me as common-law partner in my application, makes less than you do, yet we still manage (since January - and no sign of PR to come, yet!). Not to gloat, but just to show it can be done. We live in a very small but tolerable apartment with all utilities included, don't eat out much and can't afford much beyond the basics (e.g. no telephone, cable TV etc.) but it won't be forever. I suggest you/your gf start saving asap if you want her to remain here on a visitor's visa while her application gets processed! As Iain said, what did you think was going to happen at the end of the year?

If you wanted to get really complicated, you could think about both getting a WHV for another country for a year, e.g. Oz (assuming you qualify). Then you can both work whilst the application is processing. Or move back with your parents for the time it takes. Where there's a will there's a way!

It sounds harsh but such a life for a while is worth it in the long run, just to have that piece of paper that means you can stay together and build a life in the same place. If you leave without applying for her PR you might regret it in the future if you decide to come back as it would take yet more time further down the line (and you can't say you won't make that decision - what if there are family obligations, for example?). Best get it over and done with now before you start a family and such, no?
 

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