moving to canada with gf/ wife

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Old Jun 25th 2009, 10:46 am
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Default moving to canada with gf/ wife

Dear forum,
I am a 28 years old British citizen who has just finished their PhD. My girlfriend is a 31 years old PhD with duel citzenship of US and UK. As of September this year she is starting a job as a lecturer at a univerity in Canada. She has started her move to Canada and is currently in the US. I am currently in Britain.
What is the best way for me to gain access to Canada to be together?

1) is it worth considering my 6 months visa-free travel to Canada as a serious option? As I understand it if I mention that I am using this time to visit a girlfriend then I am automatically at risk of being turned back at the border as a person liable to breach the 6 month limit.
1a) I have 11, 000 GBP in the bank which I can use to demonstrate that during this 6 month period I will not be taking out work illegally/ illegal work. Is this enough?
1b) Of this money how much could potentially be requested as a bond?
1c) I currently have no definite employment in the UK after my 6 months visa-free in Canada to prove that I would return to the UK after this period.

If travelling to Canada under my 6 month visa free entitlement the plan would be to secure work for 2010, return to the UK at Christmas-time and secure a work permit and work visa.

2) The second option is for my girlfriend to fly back to the UK in July and for us to get married. As I have already mentioned, she is a UK passport holder - as am I - so marriage in the UK is theoretically (!) no problem.
2a) What benefits does this give us for me living in Canada with her?
2b) Where would I go to get a spousal visa?
2c) What would be my entitlementa under this?

My girlfriend's/ fiance's job is a two year contract July 2009- July 2011 plus the option of a yearly extension.

Any information would be very useful.

I'm planning a trip to London and Canada House next week.

Juggler
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Old Jun 25th 2009, 2:20 pm
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Default Re: moving to canada with gf/ wife

You should spend some time looking at http://www.cic.gc.ca
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Old Jun 25th 2009, 7:45 pm
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Default Re: moving to canada with gf/ wife

Wow, I thought they taught you academic types how to find your own info!

To be honest mate I don't think you will get too many answers on here for your questions as there are jusy way too many questions in your post which is long and sprawling.

I would go look at the CIC website and then break your questions into more managable chunks.

Good luck
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Old Jun 25th 2009, 8:57 pm
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Default Re: moving to canada with gf/ wife

Hi and welcome to the forum.

Firstly, I would personally forget the visit to Canada House - I'm not even sure if you can just turn up for information (you normally need an appointment), and even if so, you can find out all of that info on the CIC website anyway.

What visa is your gf going to Canada on (does she have Permanent Residency, or is she just going on a Temp Work Permit?) and have you lived together for at least a year? If so, then you would probably be able to accompany her as her common-law partner and get an open work permit.

As for your questions, I will attempt to answer some of them................

1) is it worth considering my 6 months visa-free travel to Canada as a serious option? As I understand it if I mention that I am using this time to visit a girlfriend then I am automatically at risk of being turned back at the border as a person liable to breach the 6 month limit.

Yes, you can do this although you may be required to demonstrate ties to your home country i.e. a home or job. You do not have to say that you are visiting your girlfriend unless asked - don't lie, but don't volunteer the information either. Also, do bear in mind that you will be admitted for up to 6 months - it's not automatically 6 months so you may only be given 2 weeks.

1a) I have 11, 000 GBP in the bank which I can use to demonstrate that during this 6 month period I will not be taking out work illegally/ illegal work. Is this enough?

I believe it should be fine, although this is just a guess. As far as I'm aware, there is no minimum requirement for visitors, unlike the proof of funds required for PR.

1b) Of this money how much could potentially be requested as a bond?

None.

1c) I currently have no definite employment in the UK after my 6 months visa-free in Canada to prove that I would return to the UK after this period.

This could be a problem, unless you can prove you have strong ties to the UK in other areas.

2) The second option is for my girlfriend to fly back to the UK in July and for us to get married. As I have already mentioned, she is a UK passport holder - as am I - so marriage in the UK is theoretically (!) no problem.
2a) What benefits does this give us for me living in Canada with her?

Again, it will depend on what visa she will be on there. If she is a PR, then she can sponsor you as her spouse - read the Wiki section on spousal sponsorship for more info (on blue bar at top of page, just put 'spousal sponsorship' into the search box).
2b) Where would I go to get a spousal visa? Depends on her visa and status.

2c) What would be my entitlementa under this? Again, depends on her visa and status.

If travelling to Canada under my 6 month visa free entitlement the plan would be to secure work for 2010, return to the UK at Christmas-time and secure a work permit and work visa.

This may be not be as easy as you make it sound, depending on your job and level of career. Canada is in recession at the moment, so there are a lot of Canadians out of work - consequently, foreign workers are having a much harder time getting work there. Bear in mind that any potential employee would have to get a LMO before you can get a work permit - and for this they have to prove they've advertised the job across Canada and been unable to find a Canadian willing, or able, to do the job.

Having said all that, I would have said that your best bet by far is to try and get a Bunac visa. (Just Google it). I don't know when you finished your studies, but you may be eligible for a student one, and that program is still open for this year. The non-student one has now closed but will be reopening in December so you could be in Canada on a Bunac visa early next year at the latest.

Bunac gives people under 30 a years open work permit for Canada so you could at least accompany her and work whilst there.

Also, if she is a PR, then make sure that you live with your gf for that entire year (and gather plenty of proof of it i.e. joint utility bills, joint rental agreement, wills naming each other as beneficiaries, joint insurance, etc) and she could then sponsor you as her common-law partner at the end of the year so that you get PR too. If however, she is only there on a TWP then it might be worth her looking into applying as a Skilled Worker - it takes 6-12 months and then she'd get a Permanent Residency visa if she qualifies (meets minimum points requirement, passes medical, no criminal record etc).

So, to recap, I would say your best option is to (i) get a Bunac visa; (ii) get your gf to apply as a SW asap so that she becomes a PR; (iii) live with her for your Bunac year and then she can sponsor you as her common-law spouse.

Of course, there may be a flaw in that plan that I haven't spotted, or a much easier solution, but hopefully an expert will come along shortly and help out.

Best of luck.
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