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Entering into Canada to wait for the LMO approval

Entering into Canada to wait for the LMO approval

Old Jun 5th 2012, 5:44 pm
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Default Entering into Canada to wait for the LMO approval

Hi,

I'm after some advice regarding how to handle my entry into Canada.
To explain:

I have a job offer and a sponsor. I'm travelling with my Canadian wife and son and we're coming in on one way tickets next month.

The problem: my LMO application got lost in the system and my employer has had to begin the process again last week. So there's next to no chance that I'll have the LMO in my hand when we get to the border (I had planned to get my TWP that way).

So: I want to be upfront and honest and tell the immigration official that I'm coming in to wait out the LMO application process. I can show him my job offer etc., I know that I can't work and we'll be staying with family for as long as necessary, so no problem there.

Is there any reason why I shouldn't use this line of explanation at point of entry?

Would it be better to have a ticket out booked?

Ideally, I want a tourist visa stamp for a few months. I'll then leave when the LMO comes and come back in to get the TWP.

Can anyone see a problem with this?

One more question / complication: we're shipping our stuff out (in my wife's name as a returning resident). Do we need to declare this when we come in?

If we do, it's obvious we plan to stay... But if I can be honest about the LMO etc., then that shouldn't be a problem.

Advice please. Thanks in advance.
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Old Jun 5th 2012, 6:15 pm
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Default Re: Entering into Canada to wait for the LMO approval

Hi, have you applied for PR sponsorship with your wife? If you have you will likely be OK.

Canada is not too harsh with British people. The only real reason they might detain you is if they though you were sneaking in to marry your wife and stay illegally - which you are not. Currently, they have no legal reason to let you into the country, but as a British citizen you are allowed to visit Canada for 6 months without a work permit or visa.

I would assume you will be fine, they are not monsters at the gate, and are fairly understanding. But stating you have a job offer, and no LMO might confuse the matter, just make sure you are clear, that you are waiting on your LMO.

Also, fly directly into Canada, that would help! Air port security is not hard, especially if you are with a Canadian and you fill in a Join customs declaration. In all likely hood, they will let you in.

I hope this helps, until someone with more brain power comes along!
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Old Jun 8th 2012, 2:08 am
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Default Re: Entering into Canada to wait for the LMO approval

We are still waiting for LMO but were told that we arent allowed to enter Canada till this sorted out. Very interested to know whether our information is wrong.

All the best

Peddie
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Old Jun 8th 2012, 5:04 am
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Default Re: Entering into Canada to wait for the LMO approval

Hi, have you applied for PR sponsorship with your wife? If you have you will likely be OK.

No, I might have confused my terms there: I meant my employer is sponsoring my visa application.

Speaking to my employer, he thinks the best route is to tell the border guards that I'm coming into the country for an interview and an extended holiday with my family. Then, when the LMO comes through I can cross the border and come back in to get the TWP.

Only issue might be that I'm travelling with my wife who will be carrying a customs declaration for our belongings coming by freight.
Also, I'm on a one-way ticket..

Any more advice would be welcome.

Obviously, I'm crossing my fingers that the LMO arrives in the next 4 weeks (that would make a 6 week application time), but since the last one I did took 3 months, I doubt it.

Thanks again.
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Old Jun 8th 2012, 5:11 am
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Default Re: Entering into Canada to wait for the LMO approval

Originally Posted by edgardavids76
Hi, have you applied for PR sponsorship with your wife? If you have you will likely be OK.

No, I might have confused my terms there: I meant my employer is sponsoring my visa application.

Speaking to my employer, he thinks the best route is to tell the border guards that I'm coming into the country for an interview and an extended holiday with my family. Then, when the LMO comes through I can cross the border and come back in to get the TWP.

Only issue might be that I'm travelling with my wife who will be carrying a customs declaration for our belongings coming by freight.
Also, I'm on a one-way ticket..

Any more advice would be welcome.

Obviously, I'm crossing my fingers that the LMO arrives in the next 4 weeks (that would make a 6 week application time), but since the last one I did took 3 months, I doubt it.

Thanks again.
Why don't you just start the Spousal Sponsorship so you don't have to reply on the temporary permit and limited employer? I got mine through in less than 3 months but that may have increased a little.

At least that way you'd get a head start and not have to mess around so much later on.

Just a thought.

As for your other question, i don't see why you wouldn't be allowed in before the paperwork comes through. Just come as a tourist and don't worry about it.
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Old Jun 8th 2012, 5:21 am
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Default Re: Entering into Canada to wait for the LMO approval

Why don't you just start the Spousal Sponsorship so you don't have to reply on the temporary permit and limited employer? I got mine through in less than 3 months but that may have increased a little.

When I looked into the spousal sponsorship (I emailed the Canadian Consulate here in the UK) they told me it took over a year. Also, they told me that my wife can't sponsor me as she doesn't have a job in Canada - she's been resident here for 10 years...

Maybe I got bad information on that.

Either way, I'm supposed to be starting work in July / August and we're just waiting on the LMO, so that's why we plan to head on over and wait it out.
I suppose we could look into spousal sponsorship later in case everything didn't work out as planned..

Thanks.
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Old Jun 8th 2012, 5:27 am
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Default Re: Entering into Canada to wait for the LMO approval

Originally Posted by edgardavids76
Why don't you just start the Spousal Sponsorship so you don't have to reply on the temporary permit and limited employer? I got mine through in less than 3 months but that may have increased a little.

When I looked into the spousal sponsorship (I emailed the Canadian Consulate here in the UK) they told me it took over a year. Also, they told me that my wife can't sponsor me as she doesn't have a job in Canada - she's been resident here for 10 years...

Maybe I got bad information on that.

Either way, I'm supposed to be starting work in July / August and we're just waiting on the LMO, so that's why we plan to head on over and wait it out.
I suppose we could look into spousal sponsorship later in case everything didn't work out as planned..

Thanks.
Yep they told you incorrectly. She doesn't need a job and it shouldn't take a year.

Still, it's an option and i would personally start the ball rolling to save potential hassle further down the line, such as if you're made redundant, fired, or hate your job.

Just a thought anyway.

Good luck, i'm sure you'll not have any issues if you arrive as a visitor
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Old Jun 8th 2012, 5:41 am
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Default Re: Entering into Canada to wait for the LMO approval

[QUOTE=el_richo;10107143]Yep they told you incorrectly. She doesn't need a job and it shouldn't take a year.

Still, it's an option and i would personally start the ball rolling to save potential hassle further down the line, such as if you're made redundant, fired, or hate your job.

Just a thought anyway.


Thanks very much, we'll look into it as back up.

To be clear: I was told that my wife must prove that she can support me.
I took that to mean that she'd need a job back home since we're not of independent means.

Only thing that really bothers me is the customs declaration that my wife will be carrying, as that doesn't really tally with me going as a tourist.

Anyone have any ideas on this last point?
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Old Jun 8th 2012, 6:48 am
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Default Re: Entering into Canada to wait for the LMO approval

No expert on this, but it would seem to me that you would have problems entering if you give them the full truthful story.

You are entering on a 1 way ticket and yes you do have a job offer, but are waiting on an LMO and that isn't a done deal thing. What if it isn't granted? can you supply evidence on how you will support yourself financially? Can you prove you won't stay anyway - you are married to an accompanying Canadian, but don't have automatic right to stay.

I would have thought they would at least want to see a return ticket. Also as far as I know they don't have a separate set of rules for British people (I could be wrong), and whatever rules exist I imagine they must apply consistently.

Not trying to rain on your parade, just how I would look at it. I really hope a qualified person will be along soon to rubbish all I have said.
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Old Jun 8th 2012, 10:19 am
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Default Re: Entering into Canada to wait for the LMO approval

If your wife is a Canadian citizen then she should be reading this link regarding bringing goods that are coming to Canada
http://www.cbsa-asfc.gc.ca/publicati...d2-3-2-eng.pdf

As for your situation yes you may enter while awaiting your LMO but you wont be able to work until you get your work permit and they wont issue one till you get your positive LMO. You will then need to flagpole basically meaning driving to the US turning round and applying for the TWP at the border and paying the $150 fee.
Then I suggest your wife and yourself start the sponsorship application.
http://www.cic.gc.ca/english/immigra...sor/spouse.asp
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Old Jun 8th 2012, 12:55 pm
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Default Re: Entering into Canada to wait for the LMO approval

Scribe 123:
All good points. It is pretty unlikely that the LMO will be rejected, but I admit that it is a possibility. We are moving to Canada anyway, there is a lot of work there in what I do and it's on the skills shortage list.

Former Lancastrian: thanks for the advice. I understand everything you're saying and if I was sure they could give me a 6 month tourist visa then I'd have no concerns (I only plan to work when the visa arrives).
What concerns me most is the customs declaration that my wife will be carrying. Do we have to show this to the border guard? Our belongings aren't travelling with us, they'll be following on a couple of months later in a container.

Also, is spousal sponsorship a better route to take than Permanent Residency with my employer's support? They have told me they want me to apply for PR asap (the initial work contract is 5 years and they don't want to keep applying for TWPs).

Thanks again to everyone, really appreciate the advice.
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Old Jun 8th 2012, 2:13 pm
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Default Re: Entering into Canada to wait for the LMO approval

Originally Posted by edgardavids76
Scribe 123:
All good points. It is pretty unlikely that the LMO will be rejected, but I admit that it is a possibility. We are moving to Canada anyway, there is a lot of work there in what I do and it's on the skills shortage list.

Former Lancastrian: thanks for the advice. I understand everything you're saying and if I was sure they could give me a 6 month tourist visa then I'd have no concerns (I only plan to work when the visa arrives).
What concerns me most is the customs declaration that my wife will be carrying. Do we have to show this to the border guard? Our belongings aren't travelling with us, they'll be following on a couple of months later in a container.

Also, is spousal sponsorship a better route to take than Permanent Residency with my employer's support? They have told me they want me to apply for PR asap (the initial work contract is 5 years and they don't want to keep applying for TWPs).

Thanks again to everyone, really appreciate the advice.
A job for both yourself and your wife isn't needed for Spousal Sponsorship. No proof of funds, no being tied to one employer, etc etc.

It really is the easiest route to take in my opinion. Start the ball rolling now so you get PR well before Christmas. That way as i said before, if you're fired, lose your job, hate your job, etc, you can just walk into another without having to bust your balls persuading a company to go through the LMO process again.

It really does make sense so stop over analysing things, send the Spousal Sponsorship forms off (make sure you do the Outland process via London) while you're awaiting the LMO finalisation, and do what's best for your family
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Old Jun 8th 2012, 8:52 pm
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Default Re: Entering into Canada to wait for the LMO approval

Originally Posted by edgardavids76
Scribe 123:
All good points. It is pretty unlikely that the LMO will be rejected, but I admit that it is a possibility. We are moving to Canada anyway, there is a lot of work there in what I do and it's on the skills shortage list.

Former Lancastrian: thanks for the advice. I understand everything you're saying and if I was sure they could give me a 6 month tourist visa then I'd have no concerns (I only plan to work when the visa arrives).
What concerns me most is the customs declaration that my wife will be carrying. Do we have to show this to the border guard? Our belongings aren't travelling with us, they'll be following on a couple of months later in a container.

Also, is spousal sponsorship a better route to take than Permanent Residency with my employer's support? They have told me they want me to apply for PR asap (the initial work contract is 5 years and they don't want to keep applying for TWPs).

Thanks again to everyone, really appreciate the advice.
I assume you will be arriving by air so you will be given a form E311 card to fill out on the plane. As a family you can all go on one card. Card will be shown to BSO on arrival along with passports and asked the usual questions. You should have a list of all goods you have with you on arrival and a seperate list of goods to follow at a later date. Chances are you will be given a 12 month visitor record while you submit your spousal application.
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Old Jun 10th 2012, 8:35 am
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Default Re: Entering into Canada to wait for the LMO approval

Thanks again.

el_richo: I've emailed http://www.cic.gc.ca/ a few times now regarding spousal sponsorship and they've always said that my spouse must be able to prove that she can support me. I know that was the case when I was my wife's sponsor for entry to the UK 11 years ago.
Regardless, it's definitely something we'll look at again when we get to Canada (too late to make the Outland application as we fly on July 3rd).

And as for over-analysing... you're right, but I want everything clear as possible when we go in and if for any reason it would be better to travel separately, or for me to stay in the UK until the LMO comes, then that's what we'll have to do.

Former Lancastrian:

Apologies if I'm being a bit dense here, but: are we best to turn up as a family and state our intention to stay and make the application for spousal sponsorship from inside Canada? In other words, make no mention of the job offer / LMO delay? Or just give the full story and see what they say?
Thanks.

Additional info: it turns out that my LMO was deleted because the first company who went through the process on my behalf (and who I then turned down) called up to have my file deleted. This was after the company I AM going to work for had made their LMO application and all trace of my file has disappeared from the system.
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Old Jun 10th 2012, 11:36 am
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Default Re: Entering into Canada to wait for the LMO approval

Personally I would arrive as a family with all documentation and marriage certificate or proof of common law relationship. Explain your situation in full i.e you are married to a Canadian citizen and will be applying for PR status via the spousal sponsorship route. If you have a positive LMO then you will be issued a TWP if no LMO then you cant work till you get one. You will be issued a visitor record while application is submitted.
You will have the choice of making an inland or outland application.
http://www.cic.gc.ca/english/informa...es/perm-fc.asp

Misrepresenting your situation at the border on entry could land you in trouble just be honest about your intentions.
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