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HELP! Boyfriends PNP rejected.. WH visa expring soon

HELP! Boyfriends PNP rejected.. WH visa expring soon

Old Jan 10th 2013, 12:29 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

We have been living together for a year. He came over in January of last year and since we both had just come back from traveling (we met in India)...we lived at my dads for 2 months. We got our own apartment at the end of March and have been living here ever since. I read somewhere that as long as the couple have lived together for a year at least to begin with...there are allowed to be brief breaks in cohabiting. He would probably only have to go to the UK for a month or two...in which during that time I could visit him for two weeks.


Or should we just get married so they don't question the break in living together in our relationship ?
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Old Jan 10th 2013, 12:30 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Also if he comes back in march anyways on a one year iec visa could we just apply for common law sponsorship than? Or must it living together always be continuous ?

Thanks

Krista
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Old Jan 10th 2013, 12:33 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

What I think he should do is cross the border to the USA, the come back in on a tourist visa, then when his second IEC application is approved, cross the border again, then come back in and trigger the WH Visa. Only thing is he will not be able to work whilst he is on the tourist visa but I am sure you could support him for a couple of months.
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Old Jan 10th 2013, 1:41 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Nobody has mentioned getting an LMO yet?

Your boyfriend could find a skilled job with a good employer who is willing to jump through the hoops to get a Labour Market Opinion for the job, that way your boyfriend could reenter with a Work Permit.

Might be tricky to find someone willing to do it and the right job, but it's doable. For my first work permit I was lucky enough to find a Canadian who was starting a business and I became friends with him over skype, and he was willing to do the paperwork to get me into the country.
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Old Jan 10th 2013, 8:20 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by CanadaJimmy
Your boyfriend could find a skilled job with a good employer who is willing to jump through the hoops to get a Labour Market Opinion for the job, that way your boyfriend could reenter with a Work Permit.
The job doesn't need to be Skilled, and in fact employers such as Tim Hortons often have LMOs for unskilled workers, as no Canadians want to do the job.
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Old Jan 11th 2013, 3:23 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

You must continue living together to qualify for "Common Law" application. I've ran into this barrier in the past. That would mean he must stay in Canada as a visitor for the duration of the application process.
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Old Jan 11th 2013, 3:49 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Okay so we have lived together for 12 months now. Say he goes to the UK for 2 months now and I join him for the first two weeks. So we are only 6 weeks apart. Can we just say he was simply visiting his parents and bringing over more of his belongings from the UK whilst waiting for his visa. It seems unreasonable that one cannot go on vacation or visit home and must be with the person 24/7. I remember reading after12 continuous months living together brief breaks are okay as long as the couple continue talking to each other and plan to live together again as soon as possible.

He really enjoys his Job and we both don't want him to lose it.
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Old Jan 11th 2013, 6:24 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Hi Krista,
Would it be possible, if your boyfriend's employer is keen to keep him (which I assume is the case given his option to continue working for the same employer in the UK) for him to continue working as a 'volunteer' unpaid for the month or two until he can get his WH visa again through the IEC program? Then his employer could pay him later for the time he worked unpaid. That way, he could change to a visitor visa, get his IEC processed, then get a fat paycheck once he's eligible to work again? This depends on you being able to support him in the meantime, but hey, if you eventually take the route of common-law sponsorship, you are signing up to say you will undertake to support him for a considerable time anyway!
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Old Jan 11th 2013, 6:26 am
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by IzzyR
Hi Krista,
Would it be possible, if your boyfriend's employer is keen to keep him (which I assume is the case given his option to continue working for the same employer in the UK) for him to continue working as a 'volunteer' unpaid for the month or two until he can get his WH visa again through the IEC program? Then his employer could pay him later for the time he worked unpaid. That way, he could change to a visitor visa, get his IEC processed, then get a fat paycheck once he's eligible to work again? This depends on you being able to support him in the meantime, but hey, if you eventually take the route of common-law sponsorship, you are signing up to say you will undertake to support him for a considerable time anyway!
Some might construe that as illegal.
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Old Jan 14th 2013, 12:16 pm
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Default Re: HELP! Boyfriends PNP rejected.. WH visa expring soon

Originally Posted by christmasoompa
The job doesn't need to be Skilled, and in fact employers such as Tim Hortons often have LMOs for unskilled workers, as no Canadians want to do the job.
Interesting, I stand corrected. Looks like that's part of the Low Skill pilot project: http://www.hrsdc.gc.ca/eng/workplace...lowskill.shtml

Definitely an option for people with WHV / IEC visas that are going to expire. You can't get PR through the permit but it keeps you in the country long enough to get common law if you have a partner.

Volunteer work is a grey area http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf states the following is not considered work:
Volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a ‘big brother’ or ‘big sister’ to a child; being on the telephone line at a rape crisis centre. (Normally this activity would be part time and incidental to the main reason that a person is in Canada)
Volunteering at an actual workplace is likely to raise red flags.
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