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Help me to not have to go long distance again.

Help me to not have to go long distance again.

Old Jun 11th 2012, 11:30 am
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Default Help me to not have to go long distance again.

Hello Everyone.

I was hoping that someone may be able to help me out with a bit of a work permit issue that I am having.

I am an British Citizen, currently I am living and working in Canada with an International Experience Canada work permit. I am living with my girlfriend who is a Canadian Citizen. My work permit runs out in October of this year and, entirely through my own incompetence, I have failed to apply for a new one in time. I will now have to wait until January of 2013 before there will be IEC work permits available again.

I have a job here and an offer from my employer to keep me on for as long as I like if I have a work permit. However my job is unskilled, I am a forklift driver in a warehouse. I don't qualify as a skilled worker as far as I am aware.

My girlfriend is willing to sponsor me to become a permanent resident through the family class as my conjugal partner (I haven't been living with her long enough to qualify as common law as I was waiting for my work permit to be issued before coming to Canada). However, I understand that these applications take a long time and I don't have a right to work whilst waiting for my application to be processed.

That is my background, my question is; is there a work permit that I could be eligible for that will allow me to stay in Canada and work as an unskilled worker from October of this year until early next year, when I can reapply for the IEC? Or even a work permit that will allow me to stay and work for another year.

As far as I can tell it is only possible to apply for permanent resident status on the basis that my significant other is a citizen but I would have assumed that there was some way to get a work permit on the same basis. Is there? or am I being too hopeful?

Sorry for the essay. I am at my wits end trying to find a way to be able to stay in the country, I very much don't want to have to go back to England and do the long distance thing again.

I would really appreciate any advice that any of you might be able to give me.

Thank you very much.
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Old Jun 11th 2012, 1:39 pm
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Default Re: Help me to not have to go long distance again.

Originally Posted by Lysander
Hello Everyone.

I was hoping that someone may be able to help me out with a bit of a work permit issue that I am having.

I am an British Citizen, currently I am living and working in Canada with an International Experience Canada work permit. I am living with my girlfriend who is a Canadian Citizen. My work permit runs out in October of this year and, entirely through my own incompetence, I have failed to apply for a new one in time. I will now have to wait until January of 2013 before there will be IEC work permits available again.

I have a job here and an offer from my employer to keep me on for as long as I like if I have a work permit. However my job is unskilled, I am a forklift driver in a warehouse. I don't qualify as a skilled worker as far as I am aware.

My girlfriend is willing to sponsor me to become a permanent resident through the family class as my conjugal partner (I haven't been living with her long enough to qualify as common law as I was waiting for my work permit to be issued before coming to Canada). However, I understand that these applications take a long time and I don't have a right to work whilst waiting for my application to be processed.

That is my background, my question is; is there a work permit that I could be eligible for that will allow me to stay in Canada and work as an unskilled worker from October of this year until early next year, when I can reapply for the IEC? Or even a work permit that will allow me to stay and work for another year.

As far as I can tell it is only possible to apply for permanent resident status on the basis that my significant other is a citizen but I would have assumed that there was some way to get a work permit on the same basis. Is there? or am I being too hopeful?

Sorry for the essay. I am at my wits end trying to find a way to be able to stay in the country, I very much don't want to have to go back to England and do the long distance thing again.

I would really appreciate any advice that any of you might be able to give me.

Thank you very much.
Hey,

I hate to be the breaker of bad news but it doesn't sound like you have any other options left (in terms of being able go stay and work here in Canada) You could try for a LMO but it would require you to find a job that is willing to sponsor you to work for them, the visa requires you to stay at that job. I know there are a few camps that do LMO's for people, but this is mainly for the summer.

IEC i imagine is now too late, you could try anyway hoping that some people dont follow through and complete theirs, possibly creating an IEC space for you. Very slim chance though.

Spousal Sponsorship would require you to be together for 1 year which you say you dont have. Conjugal you may qualify for, but its slim, I would imagine they will probably not have any sympathy for you failing to apply for another IEC this year. So you would really have to plea your case. Also, if you were declined for this it may affect your application through spousal sponsorship in the future (should you proceed with it)

The only option I can see for you (as you say you dont want to return to England) is to stay till October working and save as much as you can. Once your visa runs out transfer to a Visitor visa, this gives you 6-12 months. Now you cant work but it allows you to stay in Canada. Be on the ball with the new batch of IEC's. The second they come out apply for yours, once you get this you will have another 1 year to work and stay in Canada. By which time you will hit your 1 year common law and will need to apply through Spousal Sponsorship. Prepare for the common-law visa way in advance, getting everything together, meds, police checks, proof, stat decs and filling in the application takes a lot of time and concentration.

And if you cant afford to have 4-5 months off, your only other option is to return to England until your new IEC is ready.
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Old Jun 11th 2012, 1:53 pm
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Default Re: Help me to not have to go long distance again.

which province?
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Old Jun 11th 2012, 2:16 pm
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Default Re: Help me to not have to go long distance again.

Yes the province you are in might make a difference here. Conjugal partner cannot work, as you basically have to prove there is some huge barrier keeping you apart, and being british, that's very unlikely.

You might get an LMO depending on your province, if no Canadian Wants the Job you have a good shot.

My advice would be to stay in Canada until you can reach the 1 year common law point with your spouse apply that way, then apply for the new IEC 2013 if it takes that long.

Processing time for Spousal is about 10 months right now, so its not too bad, but you really need to make it to the 1 year point before you can do anything.

If you have some money behind you, you can enroll in school, or stay as a visitor, but neither are great options.
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Old Jun 11th 2012, 9:18 pm
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Default Re: Help me to not have to go long distance again.

Originally Posted by Lysander
I have a job here and an offer from my employer to keep me on for as long as I like if I have a work permit. However my job is unskilled, I am a forklift driver in a warehouse. I don't qualify as a skilled worker as far as I am aware.
So if your employer wants to keep you, can you not get them to apply for a LMO? You don't need to be 'skilled' for that. Then you'd get a normal TWP.


Originally Posted by Lysander
My girlfriend is willing to sponsor me to become a permanent resident through the family class as my conjugal partner (I haven't been living with her long enough to qualify as common law as I was waiting for my work permit to be issued before coming to Canada). However, I understand that these applications take a long time and I don't have a right to work whilst waiting for my application to be processed.
You're not eligible for that route anyway - conjugal is for people that *cannot* live together. As you are currently living together, that rather ruins that one! Plus of course, your gf could move to the UK if you wanted to be together, so that's another option - conjugal sponsorship is only for people that cannot live in one of their countries i.e. homosexuality is illegal there, etc. As you have that choice, it's not relevant to you.

When will you and your gf have completed the year of living together as husband and wife? Once you've done that, she can sponsor you as her common-law spouse, and that's a very quick route to get PR.

Originally Posted by Lysander
That is my background, my question is; is there a work permit that I could be eligible for that will allow me to stay in Canada and work as an unskilled worker from October of this year until early next year, when I can reapply for the IEC? Or even a work permit that will allow me to stay and work for another year.
Yes, but you'll need a LMO as mentioned above. And you'll need to get cracking as they are taking 3-4 months at the mo.

Originally Posted by Lysander
As far as I can tell it is only possible to apply for permanent resident status on the basis that my significant other is a citizen but I would have assumed that there was some way to get a work permit on the same basis. Is there?
No. The only way she can help you get a visa is to apply to sponsor you for PR, there's no work permit you can get from her. For that you need an employer prepared to apply for your LMO.

HTH clarify your options a bit, seems you either need a LMO, or for your gf to apply to sponsor you asap (but I'm not sure how far off the full year you are), or will have to switch to a visitor visa and not be able to work.

Good luck.
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Old Jun 12th 2012, 5:41 am
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Default Re: Help me to not have to go long distance again.

or.. PNP option, if they are in the right province.
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Old Jun 12th 2012, 6:19 am
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Default Re: Help me to not have to go long distance again.

Originally Posted by manitobain
or.. PNP option, if they are in the right province.
I don't believe they are.
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