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HELP! Boyfriends PNP rejected.. WH visa expring soon

HELP! Boyfriends PNP rejected.. WH visa expring soon

Old Jan 9th 2013, 11:29 am
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Default HELP! Boyfriends PNP rejected.. WH visa expring soon

Hello everyone,

I was hoping someone can help us or provide some insight on our current situation. I am Canadian and my boyfriend is English who is currently on his working holiday visa which expires at the end of January. He has a full time job in PR and he recently applied for a BC PNP nomination. Unfortunately he found out today that his nomination has been rejected due to the fact that the immigration officer said he did not have 2 years relatable experience and that his company did not try to recruit for that position (as he was working another position for that company and was recruited internally)....

The big problem is that his WH visa expires so soon.... and they have not opened the application process for 2013. He has sent forms off to the UK for the police check, but I am guessing that he will probably have to leave the country before thats sent back or the 2013 IEC opens up....


The guy who was handling his PNP application said that he could apply for a Work Permit extension... however, whilst doing my research I read that a WH visa can not be extended...

Any advice for us? Should he head back to the UK and wait to reapply for 2013? (and hopefully keep his current job at the same time), should he apply for a work permit extension??

thank you very much!

Krista
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Old Jan 9th 2013, 11:34 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Don't apply for a Work Permit extension because WH isn't eligible to do so and it'd be a waste of money.

Does he have the funds to stay and not work? He could apply for a change of status from Worker to Visitor.

http://www.cic.gc.ca/english/visit/extend-stay.asp
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Old Jan 9th 2013, 11:40 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

2 options I think

Stay in Canada as a visitor
Return to the UK

Depending on the situation he could apply for another visa when they open the program, assuming he is eligible. Then see if his workplace will hold his job open for him. Then I'd imagine, if you've racked up a year living together you could apply to sponsor him for PR.

Sad but true. Unfortunately, while the CIC talk the talk about families being a priority, they'll happily start splitting them up even when they're in Canada and settled.
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Old Jan 9th 2013, 11:43 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Thank you very much for your reply. If he wants to change his status to a visitor does he have to go across the border to do this? If he enters Canada as a visitor and does not have a ticket back home or to somewhere else is there a possibility they will reject him? (e.g. not sufficient enough evidence that he will stop working or leave Canada)?


I appreciate your responses.
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Old Jan 9th 2013, 11:56 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by krista08
Thank you very much for your reply. If he wants to change his status to a visitor does he have to go across the border to do this? If he enters Canada as a visitor and does not have a ticket back home or to somewhere else is there a possibility they will reject him? (e.g. not sufficient enough evidence that he will stop working or leave Canada)?


I appreciate your responses.

I have no idea about just going to the border. I'm on IEC myself and have applied to extend as a visitor because my permit will end on Feb 1st. I filled out the application online. Chances are I might get my new work permit by the time they end up getting around to processing the application (last time I looked they were at September).

Do you guys live together? Like orly said, you could probably sponsor him. I live with my other half but we only moved in together in September so he can't sponsor me just yet.
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Old Jan 9th 2013, 12:09 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

We do live together. We will have lived together for a year at the end of January. I can sponsor him but will he be able to stay in the country then? I guess if he gets visitor status?...
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Old Jan 9th 2013, 1:26 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

He can apply online for a visitor visa there's no need to go to the border. He really should do it now or he will be out of status come end of Jan.

Go to CIC site and the forms are there. It costs around $75
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Old Jan 10th 2013, 12:13 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

you can sponsor him via outland UK common law once you have been together for a year but the process could take at least 6-9 months and he cant work but could probably re-enter as a visitor.
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Old Jan 10th 2013, 12:13 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

sorry should have said lived together for a year!
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Old Jan 10th 2013, 4:28 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Thank you for all your responses. Come the expiry of his visa we will have lived together for a year. I think the best plan is for myself to sponsor him outland and for him to go bak to the UK for a visit while he sorts out a second year IEC visa. That way while his PR application through spousal sponsorship is going through he can work on the IEC. The forms on the website are a bit confusing. Does anyone know if he would have to undergo a medical check before I send off the forms?


Anyone have experience with appealing a rejected BC pnp? They said he didn't have two years prior work experience in the field (PR) however he has had two and a half years work experience in relatable fields... Journalism, communications, and marketing.

Cheers
Krista
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Old Jan 10th 2013, 4:31 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by krista08
Thank you for all your responses. Come the expiry of his visa we will have lived together for a year. I think the best plan is for myself to sponsor him outland and for him to go bak to the UK for a visit while he sorts out a second year IEC visa. That way while his PR application through spousal sponsorship is going through he can work on the IEC. The forms on the website are a bit confusing. Does anyone know if he would have to undergo a medical check before I send off the forms?


Anyone have experience with appealing a rejected BC pnp? They said he didn't have two years prior work experience in the field (PR) however he has had two and a half years work experience in relatable fields... Journalism, communications, and marketing.

Cheers
Krista

Why does he need to go back to the UK? He can apply to stay on as a visitor, and then whilst here he applies for his second year IEC.
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Old Jan 10th 2013, 4:34 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Sorry, should have mentioned. The reason why we thought it would be best for him to the UK is if his work allows him to work from there. His boss works out of the UK...so we thought it would be best if he is able to keep his job since if he is on a visitors visa he cannot work.


I hope this makes sense .... Thanks.

Krista
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Old Jan 10th 2013, 8:44 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by krista08
Sorry, should have mentioned. The reason why we thought it would be best for him to the UK is if his work allows him to work from there. His boss works out of the UK...so we thought it would be best if he is able to keep his job since if he is on a visitors visa he cannot work.


I hope this makes sense .... Thanks.

Krista
Just throwing my two penneth into the mix here...my understanding is that his returning to the UK if you are applying to sponsor him as common law could very possibly damage your chances of proving a common law relationship.

Even though the official text says you're still common law if immigration barriers prevent being together, technically in your case that's not the case because he could become a visitor in order for you to stay together. I've seen other people say similar on here and around the web but perhaps christmasoompa can wade in to clarify?
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Old Jan 10th 2013, 9:39 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by markstimson
Even though the official text says you're still common law if immigration barriers prevent being together, technically in your case that's not the case because he could become a visitor in order for you to stay together.
Immigration barrier, not being able to work and therefore economic as no income.

OP would also have to be sure they have documented evidence of living together for a year. CIC don't take it on trust.
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Old Jan 10th 2013, 12:28 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Hi


Originally Posted by Aviator
Immigration barrier, not being able to work and therefore economic as no income.

OP would also have to be sure they have documented evidence of living together for a year. CIC don't take it on trust.
Not being able to work, won't fly with CIC as an immigration barrier.
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