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How best to allow him to stay?? (long post sorry!!)

How best to allow him to stay?? (long post sorry!!)

Old Apr 4th 2009, 8:17 am
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Question How best to allow him to stay?? (long post sorry!!)

My boyfriend and I have been together for about 2 years, we met in Australia, he visited Canada, I visited England, and have recently returned to Canada to start going to school. He is in the process of getting a BUNAC visa and plans to come here sometime after September. We have had a joint bank account for about a year, however neither of us really use it because I switched to Scotia for the free withdrawals in the UK and havent really needed TD except to make some transfers to my Scotia.

He has a degree in Chemistry which is on the PNP list for BC and Alberta (If I remember right) but he has been travelling the past 4 years and has no experience using his degree. We have sent cover letters and resumes to some potential employers but because of his lack of experience have not had any responses.

We have not lived together for a full year and might not be able to when he is here with BUNAC because I will be in school still and he will hopefully be working on a ski resort in BC somewhere (he is a level 1 snowboard instructor) and I will join him in March after I graduate.

Marriage is not an option because it is not something either of us is quite ready for, all my relatives have divorced and Im not really prepared to do it until at least 6 or 7 years together and we both feel the same on this.

What else is relevant?

I have relatives who might be able to employ him and sponsor him but its tricky getting into a family business and ultimately a huge sacrifice since it would be living somewhere he doesnt particularily want to live and starting a career as something he doesnt want to be.

He has worked as a builder in New Zealand and Australia and back home but hasn't got any tickets or proper qualifications.

Im thinking our best bet is to live together for a full year and apply as common-law with all the proof and documents. But in this case he won't be able to work for how long? Ideally a two-year visa of somekind would give us time to sort things out better but as far as I can tell theres not really any he is eligible for. Is there anything I am overlooking? Also to apply common-law do I need to have a job for a certain period of time or a certain amount of money? ( Since I have been travelling I havent worked at a job for more than a few months straight and being in school will mean I won't have much money when he gets here)

If we did get approved as common-law if something were to happen and we split up (not likely but better to know) would he have to go back to England?

It seems we have a lot of almost good options but no clear path.

Anyone know of a company deperate for chemists?


Any advice is appriciated thank you!!
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Old Apr 4th 2009, 8:49 am
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Default Re: How best to allow him to stay?? (long post sorry!!)

A consideration you may have overlooked, in the eyes of the law, a common law relationship is the same as married without the ceremony and certificate. Once you are common law, the separation, if it ever occurs can be as much hassle as a divorce.

If you are not ready to be married, and CIC view the relationship as one of convenience to get him into the country your application may be refused as a sponsor. Even spousal sponsorship there is a commitment to financially support the partner for three years from them acquiring PR status. You may jeopardize your chances of acting as a sponsor in the future if you ever wanted to if you renague on the commitment to CIC.

As far as working in a family business to get residency, all the requirements from HRSDC must be met, such as no other Canadian able or willing and the foreign
applicant must have skills & expereince in the area of employment. For example, if the family business is a burger franchise, a job offer flipping burgers is unlikely to be successful.

Do lots of research through official channels, such as CIC & HRSDC. If he were to move somehwere he did not want to live in a job he did not want, it's not a good foundation.
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Old Apr 4th 2009, 9:35 am
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Default Re: How best to allow him to stay?? (long post sorry!!)

I realize that about the commonlaw and marriage being pretty much the same and its not the commitment we are afraid of it is marriage itself that bothers me...in the end if we did get married it would be more to appease the relatives than because we want a wedding. Common-law just seems a more natural evolvement than marriage. (neither of us are religious) It more than likely would never happen, unless both of us had a big change of heart.

The family business is not a company that can hire anyone off the street, they have alot of trouble finding suitable employees and go through a few a month. It requires alot both physically and mentally. If he were to work for them while with BUNAC and it worked then could they not sponsor him to continue?

Thank you for the info though...there is ALOT to consider. I don't want him to give up his dreams for me, because obviously I don't want him to end up resenting me.

I guess I should also have said he wants to come to Canada for Canada, not just for me but because he is outdoorsy and very into mountain biking and snowboarding...and you don't get alot of that in England. When he came here we spent 3 months camping on a road trip across BC. Im just trying to figure out the right way to do this.
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Old Apr 5th 2009, 8:55 am
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Default Re: How best to allow him to stay?? (long post sorry!!)

Hi Lizathellama,

I'm pretty much in the same position as your b/f. My partner (he's canadian) and I met travelling two and a hlaf years ago almost, did long distance and now i'm over on a Bunac visa. A two year option would be perfect but unfortunately not a an option from what i can see! (what bugs me is that Aussies do get a two year visa here but us Brits don't!)

So we're planning on going down the common law route. The only thing that sucks is that I have just got a great job and cannot see how i can link seamlessly going from a bunac visa to a work visa to a common law sponsorship for PRP and therefore not having to give up my job at the end of my visa. another pain is that it could be as quick as two months being processed (great!) or as long as 12 months for the PRP to come through!!! (which would be a killer).

i did french and spanish at uni and have almost completely given up hope of using my degree (not used languages for so long that they are almost redundant and we're living in Toronto not Quebec!) I won't resent my bf for not using my degree and will hopefully be bale to pick up my french to some sort of confident level. And if it's true love i believe so long as your other half gets a job he enjoys he won't resent you. (so many people go to uni and doing something completely different!) he obviously wasn't passionate enough about chemistry to go straight into it and maybe it's the chemistry between you and him (cheesey i know!) that will be his life's work!

my biggest resentment about being here is leaving my friends behind. and there are tough times to start with, like when i was doing a crappy min. wage job. but now i feel like i'm set to go - joint bank account, living together, new job, i know friends will come along soon. and so i actully thin the word resent is incorrect.

hope this info kind of helps! sorry it's a long msg! any other questions let me know and good luck to you and your boyf!

Helen
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Old Jun 7th 2009, 1:25 pm
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Default Re: How best to allow him to stay?? (long post sorry!!)

Hi to both of you,

I am currently in the same situation - here in Canada on a BUNAC visa trying to figure out our common law papers...the main problem I have is deciding WHEN to apply - before the bunac visa runs out (also applying for a visitor extension in the meantime) or when I go back to England (if I do...)

HSJones, have you sent in your forms for common-law yet? What plan, regarding dates, do you have?

Thanks and good luck!
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Old Jun 8th 2009, 2:07 am
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Default Re: How best to allow him to stay?? (long post sorry!!)

Well, I'm thinking we have to be common law before we apply right? (I'm not sure on this though!) I'm just waiting until I have passed my three months probation period at my job before I take another look at visas etc. Going to consider all options - trying to get a work visa and then looking at sponsorship/common law.
Am thinking that I would get to the end of my BUNAC, apply for change in status to visitor (if I haven't been able to get a work permit) send in my papers, then fly home to the UK for a holiday with my boyfriend and return to Canada while the papers are being processed. Going to send them to London though I think as it's quicker...though toying with the idea of applying in Canada as you can apply for an open work permit while your papers are being porcessed. so many options I'm not sure quite where I'm at! i'll keep in touch!
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Old Jun 8th 2009, 2:48 am
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Default Re: How best to allow him to stay?? (long post sorry!!)

Ah... love can be a pain sometimes, huh?

It looks like you've done enough research to know what your options are.

I suggest getting him here, on BUNAC, as soon as you reasonably can. That will give you a year together in Canada. Importantly, it gives a bunch of time where your b/f can look around for a useful job for him. Canadian employers will be a whole lot more ready to employ someone if they already have a work permit.

I suggest that he think about finding something that's not snowboarding. It's really difficult to do that for your whole life. Now he might not be ready for that yet but sometime he probably should.

Once he's got a useful job he can probably get a new work permit once BUNAC runs out. By that point you'll probably have the 1 year for spousal sponsorship but it's a long process and for some of it he may not be able to work.

In conclusion: he's much better getting a suitable job here and working through CIC from there.

All the best - I do hope it works out for you.
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