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Delay second BUNAC visa for commonlaw

Delay second BUNAC visa for commonlaw

Old Aug 26th 2010, 8:03 am
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Default Delay second BUNAC visa for commonlaw

Hi there,

So my gf and myself have been putting our heads together and really trying to figure out how we can get our common law status before her visa expires.

She is currently on an active student bunac working holiday visa which expires on oct 1st. She has another student visa(her last student one) one approved and she may activate it once this current one expires. We have been together for a long time but have never lived together for 12 months(sporadically) but we have just signed a rental agreement together for a place and have opened joint bank accounts, She arrived back in canada after being away for 6 months travelling in mid august. We are still together but i guess the commonlaw clock just started ticking again once she is back?? Anyway we will be elligible to apply for commonlaw PR next August.

Since she has another visa ready when she wants to activate it in 2010 what is our best route to ensure we attain PR status and that she doesnt have to cease work while waiting for processing. Right now she is probably going to attain an internship(UNPAID) for 3 months, so would it be smart to let the current visa expire in october, re-enter at border as visitor to finish internship and then activate visa in december to give us an extra 4 months to allow for commonlaw processing?

Does this make sense to you? It sounds like it would work. Currently if she were to activate her visa the day her current one expires we would have only about 1.5 months of breathing roomwhile commonlaw PR application processes. Since she doesnt want to have to quit her job at that point this might be the best option.

Any suggestions on the matter? Oh and she is a UK resident if that makes any difference.

Thanks
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Old Aug 26th 2010, 12:11 pm
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Default Re: Delay second BUNAC visa for commonlaw

if you apply outland - processing is fast (3-8 months) but you cant work till you get the pr.

for inland sponsorship you can apply for an Open (interim) work permit for her to work once the initial sponsorship part is approved (i believe this can take 6-8 months). However the total processing will take much much longer 12-18months.

Or she can get the employer to apply for an LMO and work on a temporary work permit untill PR is approved

Last edited by chanceUK; Aug 26th 2010 at 12:15 pm.
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Old Aug 26th 2010, 2:20 pm
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Default Re: Delay second BUNAC visa for commonlaw

Originally Posted by Lewmano
Hi there,

So my gf and myself have been putting our heads together and really trying to figure out how we can get our common law status before her visa expires.

She is currently on an active student bunac working holiday visa which expires on oct 1st. She has another student visa(her last student one) one approved and she may activate it once this current one expires. We have been together for a long time but have never lived together for 12 months(sporadically) but we have just signed a rental agreement together for a place and have opened joint bank accounts, She arrived back in canada after being away for 6 months travelling in mid august. We are still together but i guess the commonlaw clock just started ticking again once she is back?? Anyway we will be elligible to apply for commonlaw PR next August.

Since she has another visa ready when she wants to activate it in 2010 what is our best route to ensure we attain PR status and that she doesnt have to cease work while waiting for processing. Right now she is probably going to attain an internship(UNPAID) for 3 months, so would it be smart to let the current visa expire in october, re-enter at border as visitor to finish internship and then activate visa in december to give us an extra 4 months to allow for commonlaw processing?

Does this make sense to you? It sounds like it would work. Currently if she were to activate her visa the day her current one expires we would have only about 1.5 months of breathing roomwhile commonlaw PR application processes. Since she doesnt want to have to quit her job at that point this might be the best option.

Any suggestions on the matter? Oh and she is a UK resident if that makes any difference.

Thanks
If you activate the new visa in October and it runs until next October I would say that you ought to get all your paperwork together so you can send it off on the day that you 'become' common-law. She may have to quit work for a month or so but if you are very organised it shouldn't be for too long.
As far as I am aware she cannot work as an intern if she does not have a work permit though I could be wrong. The other problem you may have is that the IO may be suspicious about her intention to leave.
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Old Aug 26th 2010, 5:03 pm
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Default Re: Delay second BUNAC visa for commonlaw

What is an OI? So you don't think delaying her activation of the second visa would be a good plan? So if she is doing an internship it's not paid so is it even considered working? I mean like you said if we ge all our paperwork sorted and have it ready for next august it shouldn't take too long to process but are trying to avoid the possible 1 month or so she would have to no work, not for financial reasons but just because of conveniance I guess and not being an attractive potential employee.

And also when her current visa expires we are going to re enter, now changing status to visitor for a couple months before activating second visa shouldn't be a problem? What if we tell them that we are doing that? Would it be better, just say she is chilling out and taking a few courses(Which she is) before working again? Or will they want you to activate visa immediately? Also do they actually make you go into the states or can you just walk into a border crossing and they will do everything there?

Sorry bout the questions!

Now about the lmo how hard are these to attain? Like when she is looking for employment is it a big pain for an employer to get one for her?

Cheers for help really appreciate it!
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Old Aug 26th 2010, 5:25 pm
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Default Re: Delay second BUNAC visa for commonlaw

With regard to the intern position...

http://www.cic.gc.ca/english/work/ap...mit.asp#health

Health-care students

Foreign students in residency, extern or fellowship positions in Canadian clinical settings need a work permit.

Foreign health-care students can do their clinical clerkships or work in Canada short-term without a work permit if:

the main purpose of the work is to acquire training,
they have a written approval from the Canadian regulatory board responsible for their occupation,
their normal training practicum does not exceed four months.

Foreign health-care students also need to undergo a Canadian immigration medical examination before coming to Canada.

also:

http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

Section 5:1

5.1. Overview
The Regulations specify that the worker class is a class of persons who may become temporary residents. A worker may be authorized to work without a work permit R186, or may be authorized to work by the issuance of a work permit pursuant to Part 11 of the Regulations.

Definition of “Work” [R2]

“Work” is defined in the Regulations as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.

What is an activity that “competes directly”?

Officers should consider whether there is entry into the labour market. Questions to consider:

• Will they be doing an activity that a Canadian or permanent resident should really have an opportunity to do?
• Will they be engaging in a business activity that is competitive in the marketplace?

If the answer to either of these questions is ‘yes’, the foreign national intends to engage in a competitive activity, which would be onsidered “work”.

Examples of “work” include, but are not limited to:

unpaid employment undertaken for the purpose of obtaining work experience, such as an internship or practicum normally done by a student.


5.17. Work without a work permit R186(p)—Health care students

Foreign students, registered at foreign educational institutions outside Canada, in fields such as medicine, occupational and physical therapy, nursing and medical technology may do their clinical clerkships or short-term practicums in Canada.

Written permission from the body that regulates the particular health field is required in order to ensure that Canadian health care students are placed for clinical practice first. The primary purpose of the practicum must be to acquire training; therefore these positions will often be unpaid and should not be of more than four months’ duration.

Foreign students in residency, extern or fellowship positions in Canadian clinical settings are not included in this exemption.

Note: A medical extern is a doctor or medical student who is partaking in a clinical learning opportunity generally known as Externship. Externships are generally offered by educational institutions to give students short practical experiences in their field of study. In medecine it generally refers to a visiting physician who is not part of the regular staff.

Typically externs:

• Have some extent of contact with patients
• Perform some procedures
• Usually cannot write formal orders
• Do not receive an academic credit for the externship

You should read 5:17 (too long to post) for more details of what is required.
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Old Aug 26th 2010, 11:27 pm
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Default Re: Delay second BUNAC visa for commonlaw

Thanks for digging that up, it seems like delaying the second visa might not be the best plan.

So in regards to the lmo through an employer, how easy is this for an employer to attain? She is worries about her attractiveness as an employee because it could be a pain for the company or expensive for them?

Also what is the consensus on the extension route before her bunac expires and applying for extension while we are waiting for her commonlaw PR to be processed. so if you can keep working until they basically tell you otherwise that would be very helpful.

Thanks again,
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Old Aug 26th 2010, 11:38 pm
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Default Re: Delay second BUNAC visa for commonlaw

Originally Posted by Lewmano
Thanks for digging that up, it seems like delaying the second visa might not be the best plan.

So in regards to the lmo through an employer, how easy is this for an employer to attain? She is worries about her attractiveness as an employee because it could be a pain for the company or expensive for them?

Also what is the consensus on the extension route before her bunac expires and applying for extension while we are waiting for her commonlaw PR to be processed. so if you can keep working until they basically tell you otherwise that would be very helpful.

Thanks again,
I'm not sure about the LMO but I don't think she can keep working when she extends her stay as the BUNAC visa states very clearly that it cannot be extended under any circumstances. I wasn't able to continue working anyway.
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Old Aug 27th 2010, 4:44 pm
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Default Re: Delay second BUNAC visa for commonlaw

Originally Posted by Lethe
I'm not sure about the LMO but I don't think she can keep working when she extends her stay as the BUNAC visa states very clearly that it cannot be extended under any circumstances. I wasn't able to continue working anyway.
I believe you can extend (or rather exchange) your Bunac visa... providing you get an LMO and it is a low skills job.

http://www.cic.gc.ca/english/informa...kill-faq04.asp

Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Low-Skill Program?

Yes, if your employer has an approved LMO for the job offer. You can work for another 24 months under the Low Skill Pilot before you must leave Canada

http://www.hrsdc.gc.ca/eng/workplace...al.shtml#01noc for more details on the project (which has recently been extended).


Last edited by Siouxie; Aug 27th 2010 at 4:48 pm.
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Old Aug 27th 2010, 5:24 pm
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Default Re: Delay second BUNAC visa for commonlaw

Originally Posted by siouxie
I believe you can extend (or rather exchange) your Bunac visa... providing you get an LMO and it is a low skills job.

http://www.cic.gc.ca/english/informa...kill-faq04.asp

Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Low-Skill Program?

Yes, if your employer has an approved LMO for the job offer. You can work for another 24 months under the Low Skill Pilot before you must leave Canada

http://www.hrsdc.gc.ca/eng/workplace...al.shtml#01noc for more details on the project (which has recently been extended).

I know you can change your bunac visa if you get an LMO but you can't apply to extend your bunac visa on it's own merit as far as I am aware...
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