enzodino

Hi,
My girlfriend was transferred here with her company and i came over on a common law work permit (able to work for anyone) It was all above board and we have been living together for 7 years etc. but since we have been here (1year) it looks as though we are going to split up. I have a good job now and we are very amicable, but question is how do we split up without me loosing my work permit and having to leave my job? ( my company won't sponsor my work permit) we are both worried that this will happen and she doesn't want me to loose my work visa, but we don't want to lie to immigration that we are together either. So basically....how do i change my visa status without leaving my job or having to go back to the UK?

enzodino

Anyone know where i can ask for help on this/ who to contact?

Jim Humphries

Your work permit was issued to allow you to accompany her while she was in Canada. If you are breaking up you will have to go home.

enzodino

and there is no way i can apply for my own work permit now? even though i have been paying taxes and have a good job etc.etc.?

burton bunch

Apply for another job where the employer with go for an LMO application to issue you with your own WP - then apply for PR

enzodino

What is an LMO application? Ideally i don't want to leave my current job. Is there any hope at all that i will be able to get another wok permit ( similar to one that 90% of brit bartenders are on for example..) without quitting my job? My company have said that they are happy to issue me with a letter confirming a permanent work offer and I have signed a perm full time contract with them, but they can't take on the sponsorship.. thanks for the help guys!

Rob_999

Sponsorship doesn't exist, your company needs to apply for a LMO (labour market opinion). It doesn't cost them anything, apart from maybe a bit of advertising (which they would have to do if you left anyway). What work do you do, and where are you based? If this gets granted you can stay in current job only.

Other option is to apply for a 1 year BUNAC working holiday visa, this is only a temp solution and available to under 35s only. However the program is full for 2007.

What are your long term plans? Have you applied for PR?

enzodino

Thanks! I work in BCE place on Bay in Toronto. I'm a Banking consultant, but they have to justify that a Canadian can't do the job don't they? and they have pretty much open advertising all the time as the company is growing. I don't mind staying in the current job and that's ideally what i would do. I haven't applied for PR yet, although I am happy to as I plan to stay in Canada now, but will this make a difference as apparently it takes 2-3 years to get PR anyway? I don't know much about it really and i just don't want to be in a situation where i pay a lawyer a far retainer to sit in his office and get a " thanks fo coming but you are screwed, have a nice day and your money is non refundable for this meeting" !

enzodino

Can I work whilst my PR application is in? my girlfriend's company lawyer said he would be happy to take care of our PR application and it would take around 2 years and cost about $10,000 or so. I don't mind paying the money at all if it means i can stay and work I just don't want a situation where:

1) I have to leave my current job
2) I have to leave Canada

Rob_999

No you cannot work in Canada whilst PR application is being process, unless you get a work permit.

To get WP your company will have to prove that they have looked for a Canadian, but no applicants had the required qualifications for the role. Depends on what you do, but there may be an angle you can use to get this.

If you do get LMO & WP, and company will offer you perm job, you can get PR visa fast tracked - should get it within a year.

Wait time for normal PR is not 2 yrs, its more like 4.

burton bunch

Hi hun

If you got the letter that you mentioned from your employer AND applied for PR in your own right surely there must be something that you can do to stay in the country whilst PR is gained during the next 12 months - think that we could do with Jim or Andrew's help on this one.

Gaynor
x

enzodino

Thanks guys. I know it is a strange one as I am actually on a perm contract with my employer at the moment, not a temp contract. So it is almost as though I am going to work every day, paying taxes every paycheque, fully integrated into Canadian life etc. and just because I am going to be honest and admit that I am no longer with my spouse, then it is all going to be taken away. I could understand if it was a case of me having no job or the possibility of a part time job etc. but I am ACTUALLY on a perm contract with my company and I am degree educated and financially solven etc. etc. I was even planning on buying a house next month...

Rob_999

Perm job offer means nothing unless its been confirmed by HRDC (ie LMO or AEO). Sorry, but thats how it works....

BTW you are not really on a perm contract, you have a temp WP so company can only offer you temp employment.

enzodino

Understood. I really appreciate the imput guys. I'm a lamb among the wolves with this suff!

Rob_999

You know the easiest solution.... patch things up with the girlfirend, get her to apply for PR with you as common law. In a year you'll both have PR status and can go your seperate ways so to speak....

Good luck what ever you do!