jamarns

Hi,

I'd like some advice on which option I should use to help me immigrate to Canada. I should start by saying I am Australian, but I can't find a Australian expat forum that has members as well informed as the members on this forum appear to be. Also from looking at my options the process appears to be quite similar between UK and Australia. So here's my situation, I have an IEC visa which expires in May of next year, due to my age I'm unable to apply for another one unless between now and then they raise that age limit to 35 like they have done recently with some other countries. My partner is about to move in with me shortly so by the time my visa expires we will have cohabited for over 12 months. The job I have at the moment is eligible for the BC PNP program and I should be able to apply in nine months or so.

So after looking at all the information here I've ascertained that I cannot get implied status on my IEC visa. My question is would I be better off applying for a spousal visa and doing it outland, and just leaving the country and returning home while waiting for the application to be processed. Or am I better off applying for the BC PNP. I did read somewhere that if I get the first stage of the PNP approved I could get a six month temporary working visa while I wait for CIC to process my PR application through the PNP.

Also if I do have to leave the country due to lack of status would this effect the validity of a pending application to apply for a spousal visa?

Siouxie

You don't have to leave Canada to do an 'outland' application. You would just change your status to visitor (when your IEC expires) and/or ask for an extension on the basis you have an application for spousal PR in place. You wouldn't be able to work unless you could get a TWP.

If you leave Canada whilst applying for PR as a common-law partner, you could run into difficulties proving that it is ongoing. Whilst regulations state that you can be apart once common-law status is established, the reality is many people have been refused on this basis and had to go through the wringer to get PR.

Applications for 'outland' PR are taking around 1 month for initial sponsorship approval and +/- 6 months for PR.

If you applied for BC PNP then once you have received PNP nomination approval, you could obtain a TWP on the back of your nomination (which will initially be valid for 12 months - you can apply for a bridging open work permit after that if necessary). BC PNP nomination is taking on average 10-16 weeks for approval, after that you would submit your application for PR - that part is being processed in around 17-27 months.

So, you have to weigh up which is better for you - to have PR quicker, but be unable to work or to be able to work and wait for PR!

jamarns

Thanks a lot for your fast response, it seems as though the best option for me would be through the PNP as it would allow me to stay in the country and continue to work. If for some reason I was not able to apply for the PNP and I do have to leave the country, is there a different visa I'm able to apply for if we're living apart due to lack of status? I'd imagine it'd be a lot more difficult to do, but I need to consider all my options just in case.

Siouxie

You are very welcome.

Unfortunately there isn't any other visa at present you could apply for unless you can get someone to offer you a job and get a TWP.

If you don't go for PNP I would suggest getting your spousal PR application in as soon as you qualify, rather than leaving the country - it would be better to not work or else see if you can get your employer to try for an LMO so you can get a TWP rather than risk your c.l.status. If you are not living together it will make it difficult (though not impossible) to apply for PR via the common-law stream, you would need to show constant contact and proof that you consider yourselves 'as if married'.

Some Provinces have streams where no LMO is required - would it be possible to move, if necessary? What is it that you are doing?

jamarns

I work front office in a hotel. I was going to apply through the entry level semi skilled section of the PNP as my occupation is one of the qualifying occupations. I'm currently in BC, at this stage moving to another province isn't really an option for us. I suppose we could save hard and put away money in the case that I have to go for the spousal visa. I'm assuming that they would only take into consideration the time that we've physically lived together, and that needs to be 12 months right? Also what kind of evidence is generally required for proof of cohabitation?

Siouxie

I presume you have only just started the job? Once you have been there for 3 months, it may be worth your while asking them if they would consider sponsoring you for BP PNP - that way, you will know for sure.

Yes, you have to be physically living together 'as if married' for a minimum of 12 months before you can qualify (or else be married). You can read about the requirements of proof in sections 5:25 onwards here: http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

jamarns

I started about two months ago, so technically I should be eligible in seven months. But I always like to add a bit of a buffer because I know sometimes things get held up for reasons beyond my control.

I've already asked if I can get sponsorship through the PNP and my employer is happy to do it for me. The only issue being the business is LTD and not incorporated so I will have to provide a compelling business case as to why my sponsorship will provide substantial economic benefits.

That's something I'm a little unsure about, I'd like to see a lawyer, although from some of the things I've read a lot of lawyers don't know as much as they profess to know.

Siouxie

I wouldn't leave it any longer than you have to, to apply - you never know when they are going to change the parameters. You could leave it an extra month or two and then find that your job is no longer on the list for PNP.

Limited is the same as Incorporated, as far as I am aware. In Canada, a person wishing to register a limited company must file Articles of Incorporation with either their provincial government or the federal government. http://www.arvic.com/details.asp


You definitely have time to do some research on this, no need to go to a lawyer and pay out lots of money.

jamarns

I plan on putting my application in the moment I'm able to, but I know that there can be unforeseen hold ups. Canada post for example is in my opinion not always as reliable as you would like.

Oh really, I didn't know that. You've literally just made my day! Some of the information available is so ambiguous and difficult to find. Thanks a lot for your advice.

wardy_1990

Hi, im in a similar predicament, I will be eligible for AINP when I have passed my exam for redseal, I am currently on the skill shortage list but I don't have a recognised qualification YET, AAIT take so long processing they have only just accepted my experience after 3 months, people who were in my position are not receiving test dates until another 4 months, I am only on a 12 month visa. currently asking my employer if they mind doing the LMO so I can go for the TWP route which will eventually let me have FSW or CEC.

These look like my only options for PR, unless any one knows any more

Steamfitter/pipefitter is the trade BTW.

Siouxie

https://www.albertacanada.com/files/...steam-pipe.pdf

If you get your AAIT qualification, you won't need an LMO to obtain a TWP - and it will be an open one. Once you have your AAIT, you can apply under either the FSW (Trades) or Provincial Nomination.

http://www.cic.gc.ca/english/immigrate/trades/index.asp

wardy_1990

thanks suzi

tee1

Not meaning to put a negative spin on things but just so your aware if you do go via spousal your PR will be conditional on you maintaining common law for 2 years after being granted PR. I'm sure by next Feb you will know which route is best for you though