Lewmano

Hi there,

I am at the beginning stages of applying for a fsw for Vancouver my girlffriend who is a UK citizen 21 years of age currently on a BUNAC working holiday visa after both of us just graduate university together in the uk. We are both currently working in vancouver but she is leaving for some more travelling at the end of febuary and plans to return in July. Her BUNAC visa became active on Oct 1st 2009 so she is going to stay from July - Oct 2010 before going home to take a few more courses.

We are hoping she can recieve a FSW visa by this time next year if we apply now. We completed the test online and she passed with flying colours. SHe is currently working as a waitress in a restaurant but is going to be looking for a full time PR job for next Febuary. We have been together for several years but have only lived together in pieces as we were both students and she has only been living her for 5months or so.

We are at the point of deciding which route to take when applying for a FSW and don;t know whether to use a lawyer or not. Using representation apparantly has its perks according to their websites but it will run around 3000$. Now this isnt a massive deal as I have a decent job and can afford it but don't know if it actually speeds up the process as opposed to applying ourselves.

We are getting worried wondering if the process might take longer than 12 months if we dont use representation. Our fallback plan is that she apply's for BUNAC working holiday visa again for January 2011 because she has only used 1 out of two years they are able to receieve after graduation from university.

I really want to get this sorted so any suggestions would be great. Im hoping in any case I can have my babe back here with me in Febuary 2011 so suggestions are welcome!!

christmasoompa

Hi, and welcome to the forum.

Shouldn't be a problem, applications take 6-12 months, but most are around 8 months in total.

Bit confused by this, how is she eligible for a Skilled Worker visa? Would she be applying under a previous job, and if so, what was it?

It won't speed anything up, applications are processed by CIC at the same rate if they are submitted by an immigration consultant or not. The only thing a consultant will do is lessen the chance of the application being returned for errors or being incomplete. So it could reduce the time in that instance. It's up to you if you feel you want to spend the money, it really depends on if your gf has any complicated circumstances (i.e. a criminal record or medical problem). Most people on here do it themselves, but if time is tight you may want to pay somebody to get it through as smoothly and quickly as possible for you - your call. If you do decide to pay, make sure that anybody you use is either a CSIC licensed consultant, or a qualified immigration lawyer.

Of course, all of the above is if she's actually eligible for a SW visa, and I'm not sure she is from what you've said.

It shouldn't do, unless something goes horribly wrong. But again, if she's eligible!

Actually, the student Bunac visas are unlimited, so they can be used more than twice. But she'll obviously have to meet the criteria to be able to get another one i.e. be enrolled in a full-time course at a UK university or holding an unconditional offer for a uni course.

Hope that above has helped a bit, perhaps if you can clarify exactly how she'd be applying for a SW visa then people will be able to advise you more.

Good luck.

Lewmano

Firstly christmasoompa thankyou very much for your response, its much appreciated in easing my stress level!

Well do answer your question on how she is elligible for attaining a skiled workers visa I will try my best to answer that:

She just recently graduated university (June 2009) as well as myself. She has experience in the pensions and finance sector, not sure if it quite exactly fits in any of the category's. kind of close to a few. She was a pensions scheme administrator but wasnt yet at the managerial level.

After attaining her degree she is looking to enter into the PR and Events/Marketing field.

She is only currently working as a waitress because of time retraints on her leaving at the end of febuary.

We explained this situation to a consultant when we were just inquiring about our possible use of their service while we completed their evaluation form and they said we would qualify for FSW visa.


do you think this is accurate? She does not currently have a job in that field, but because of her work experience and university degree she is hoping to join that field which makes her elligible right?

CHeers

Lewis

christmasoompa

No probs. I saw nobody else had replied, so thought I'd give it a try!

From what you've said, she wouldn't be eligible. I may have misunderstood her previous roles though, but if she doesn't have at least one years experience in a job on this list - http://www.cic.gc.ca/english/immigra...tions.asp#list - then she doesn't seem to qualify as a Skilled Worker. Have a read of the list and let us know if she'd come under any of those occupations.

What test did you take online? Was it just the points test? Just having the points isn't enough, there are three categories for a SW visa (i) having a job on 'the list' of occupations in demand as above; (ii) having a permanent job offer approved by HRSDC; and (i) having a years experience in Canada on a temp work permit or study permit.

Does she meet any of those categories? Apologies if I've misunderstood your info, but I don't see how she does.

I've got that wrong though.

Lewmano

Well When i went on that site there wasnt the exact job description which matches her job category but some which come close as i mentioned. It looks as though her position is close fitting with category 1441 skilled level b. So not sure if that qualifies for FSW visa. I checked on that site and did the evaluation(before doing the points test) and it said we qualified.

christmasoompa

1441 isn't one of the occupations on the list of 38 occuptions in demand. You can double check which is her closest NOC code, by searching this website http://www5.hrsdc.gc.ca/NOC/English/...6/Welcome.aspx and then see if her job matches any of the 38 occupations. Bear in mind her duties must match most of the 'main duties' bit of the criteria, that's the crucial bit.

But if she definitely doesn't come under any of the 38 occupations in demand, then she'll need a job offer approved by HRSDC to qualify as a Skilled Worker.

If you look at the link I gave you in my post above, it gives you an overview of SW visas.

You may need to look at other immigration options I'm afraid, best of luck.

Lewmano

okay so after looking at that page which included the 38 occupation categories i came across a few interesting things:

"have an offer of arranged employment,

OR

be a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student


perhaps one of this situations would be more fitting.. so a couple questions come with these perhaps???

a) Does the offer of arranged employment have to be in one of those categories? Like she has got an offer of employment from her current restaurant to return, her manager is fully supportive of her coming back and will sign any forms which will help.

b) Living in canada as a foreign worker for at least one year.

-now does that mean that at the time of applying she has to have been living in canada for that long continuously or does it matter that she leaves for a couple months during her 1 year working holiday visa?


I also am sort of thinking about the common-law possibility. I know that you have to be living together continuously for 9 months or a year or something but am not sure. We have been living together full time since october but before that we lived together in england for June, july, august before she arrived in canada in october missing september. So if we counted by pure months (including the break in september) which was because of waiting for visa to activate; that would be almost 9 months exactly. I had bank statements and some bills being sent to the residence in england at the time and we have some shared bills currently in canada.

I am getting slightly nervous haha.. could always get married.. LOL..

but she does however have another option i guess which is using her second bunac year as a non- student. and then applying as commonlaw after we were together for that straight 9month period then....


Sorry for the questions you have probably seen them a thousand times but.. yeah nervous....

cheers

LEw

lins and Stef McLachlan

Hi
Representation will cost money and does not guarantee a faster turn around for the visa. So unless your case is complicated, I would keep your money in your pocket and do it yourself. The process is expensive enough without incurring additional costs
That is my opinion....but your call
Good luck
Stef

christmasoompa

No, the job offer doesn't have to be in one of the list of 38 occupations. But it does have to be approved by HRSDC, so her employer would need to apply for a LMO or AEO.

Very good question, and not one I know the answer to I'm afraid. Hopefully one of our regular experts will be able to answer it though.

Won't work I'm afraid, you have to have lived together for at least one year, and it's supposed to be a continuous 12 months. So you'll need to start from when she arrived in September. If you do want to go this route, get as much proof as possible i.e. joint bank account, joint insurance, rental agreement in both names etc. The shared bills will help, but more than that would be better.

Yes, if she qualifies for it. Is she enrolled at a UK uni? You could do that after she's gone back for her further studies, but you'll need a year of living together first before you apply, and of course will have to start counting that year over again when she's back after her few months studying in the UK.

Hope that helps, any questions check the Wiki (on blue bar at top of page - loads of useful info in there), or just shout.

Lewmano

Well she is currently on a student BUNAC working holiday visa but i believe you are also allowed a non-student working holiday visa. So she would be able to have a year where she is classified as a non student and can work in canada for a year?



As far as getting a LMO, so it doesnt have to be on that list but lets say her restaurant manager wants her to keep working there, would HRSC approve a position like that?


cheers
lew