Do you think we have a chance?

Old Sep 4th 2015, 4:02 am
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Default Do you think we have a chance?

Hi All, I am a newbie and I could do with some opinions..

I have recently returned from a holiday to Victoria BC to visit family. I have a sister, brother in law, niece, nephew, uncle, aunt and 3 cousins living there.

Myself, my partner of 8 years and our sons fell in love with the place and want to emigrate.

This is our situation.

Me aged 38, high school educated, 20 years working experience, have been a territory manager for a global medical company for 3 years.
Partner - aged 36, currently a mature student working part time, just finished a high level diploma and continuing onto a degree next week for 1 academic year as a top up to his diploma. With a view to completing a MSc. after that.
1 son aged 12 - this is where it gets complicated, he is my son from a previous relationship and has regular contact with his father. I need to wait until he is at least 16 before we leave. (I think)
1 son aged 9 - he is my partner's son. he lives with his mum and sees his dad on weekends.

So my questions are:
1. Do I need to wait until my son is 18 rather than 16 in the eyes of the Canadian laws?
2. Should my partner try and get into Canada on a student permit to do his masters? If so can he apply for work after that or would he need to return to the UK
3. Is the best route in for me to try and get a job offer or even a transfer through my current company?
4. Can we put my partners sons details on the application even though he may decide not to come?
5. Does having a sister there hold any hope? (we have 2 living parents in the UK)
6. Will I have any problems taking my son into Canada if he is still classed as a dependant and his father is not with us?
7. If we enter on a student visa, can I still apply for a work permit or even get a job offer?

Sorry, loads of questions.. we just want to see if there is any point dreaming at this stage, and if there is we have a lot to sort out here first before we can apply.

Thank you so much for your help in advance.

xxxx Jenga 2020
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Old Sep 4th 2015, 4:21 am
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Default Re: Do you think we have a chance?

Your sons will not be able to leave the UK to live overseas without either the written permission of their other parent, or a court order, or until they reach their 18 birthday. Canada doesn't care so long as they are living with a custodial parent and the other parent, or a court with jurisdiction, has approved the move outside the UK.

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Old Sep 4th 2015, 4:25 am
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Default Re: Do you think we have a chance?

Thank you for your reply, I figured that might be the case. Hopefully someone will be able to help on the other questions.
I can't see his dad saying no to him if he really wants to come with us.
Thanks again
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Old Sep 4th 2015, 4:33 am
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Default Re: Do you think we have a chance?

1. already answered
2. IF your husband got a study permit, you could get a work permit based on that I believe.
3. Job offer or transfer would make things easier.
4. I think you would have to put him on any PR application, omitting him would mean never being able to sponsor him for PR ever (open to correction). Note that he doesn't necessarily need to come with you.
5. Sister does not have any benefits for immigration (open to correction)
6. As above. You will need a court order or written permission.
7. You can work for 20 hours while on student visa I think, when finished studies you can apply for the PostGraduate work permit.
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Old Sep 4th 2015, 8:53 am
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Default Re: Do you think we have a chance?

Thanks for the info. Am I right in saying if you can't get in with EE the only option is through being a student?
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Old Sep 4th 2015, 9:05 am
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Default Re: Do you think we have a chance?

Originally Posted by Jenga2020
Thanks for the info. Am I right in saying if you can't get in with EE the only option is through being a student?
No, for most people it would be a Temp Work Permit, or PNP. A study permit is great if you have the funds and a genuine desire to study, but it's not ideal if not.
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Old Sep 5th 2015, 1:19 am
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Default Re: Do you think we have a chance?

Thanks christmasoompa, how long does a temp work permit last? And it's a PNP where the province nominates you as we want to go to BC and I don't think we are what they need in that regard. Thanks again
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Old Sep 5th 2015, 1:42 am
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Default Re: Do you think we have a chance?

Originally Posted by Jenga2020
Thanks christmasoompa, how long does a temp work permit last? And it's a PNP where the province nominates you as we want to go to BC and I don't think we are what they need in that regard. Thanks again
Normally the maximum a temporary worker can stay is 4 years however that is not to say you will get a 4 year work permit on entering Canada. Depending on the circumstances work permits are issued for a specified timeframe and extensions can be applied for while PR applications are submitted.
Jobs that require an LMIA will be given a specified expiry date dependent on the job.
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Old Sep 5th 2015, 5:00 am
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Default Re: Do you think we have a chance?

Originally Posted by Jenga2020
Thanks christmasoompa, how long does a temp work permit last? And it's a PNP where the province nominates you as we want to go to BC and I don't think we are what they need in that regard. Thanks again
If you have a job offer, then you can apply for PNP. And a TWP will be between 1-3 years, but of course the idea is that you then apply for PR as soon as you're working there so that you have PR before it expires (as the LMIA/PNP would give you the 600 extra points for arranged employment, so you'd definitely get selected quickly under EE).

You mention a transfer in an earlier post, that would be your quickest and easiest way over if you qualify and your company are happy to do it. But do note that that wouldn't give you the extra 600 points for an EE app, so you'd still need a LMIA or PNP to get those.

HTH.
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Old Sep 5th 2015, 5:09 am
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Default Re: Do you think we have a chance?

Originally Posted by Pulaski
Your sons will not be able to leave the UK to live overseas without either the written permission of their other parent, or a court order, or until they reach their 18 birthday. Canada doesn't care so long as they are living with a custodial parent and the other parent, or a court with jurisdiction, has approved the move outside the UK.
Originally Posted by Jenga2020
Thank you for your reply, I figured that might be the case. Hopefully someone will be able to help on the other questions.
I can't see his dad saying no to him if he really wants to come with us.
Thanks again
A point to keep in mind: your son(s) will need to be under 19 (I realize that's a way aways ) to be included as dependent(s) on any application, according to current legislation.
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