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Not accepted to IEC, other options?

Not accepted to IEC, other options?

Old Mar 16th 2013, 8:17 am
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Default Not accepted to IEC, other options?

My girlfriend came to Canada with my family about 18 months ago, she was here on a 6 month vacation visa but then started an IEC visa as of May 1st 2012, we tried applying for the 2013 IEC as soon as it opened but it went as quick as it came, meaning she didn't get a place.

What can we do to keep her here? We live in our own place and have done since she got her IEC on May 1st, but I wasn't working as only my parents had the visas to work.

I hope there's something we can do as we've spend the past couple weeks looking everywhere for info and have found damn near nothing.

Thanks!
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Old Mar 16th 2013, 9:31 am
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Default Re: Not accepted to IEC, other options?

Originally Posted by Hewlitt
My girlfriend came to Canada with my family about 18 months ago, she was here on a 6 month vacation visa but then started an IEC visa as of May 1st 2012, we tried applying for the 2013 IEC as soon as it opened but it went as quick as it came, meaning she didn't get a place.

What can we do to keep her here? We live in our own place and have done since she got her IEC on May 1st, but I wasn't working as only my parents had the visas to work.

I hope there's something we can do as we've spend the past couple weeks looking everywhere for info and have found damn near nothing.

Thanks!
which Province ?

and, is she working as off now, would her employer consider doing an LMO for her?
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Old Mar 16th 2013, 9:32 am
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Default Re: Not accepted to IEC, other options?

She isn't working, she's looking for work as about 2 months ago we moved from NS to ON. I guess that makes it even worse, doesn't it?
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Old Mar 16th 2013, 10:45 am
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Default Re: Not accepted to IEC, other options?

So are you still here on the back of your parents TWP's or do you now have PR status?

If you have PR and you have been living together in a 'marriage like relationship' for a minimum of 12 months, have you thought about sponsoring her yourself as your common-law partner? It won't get her a work permit but at least she could remain here.

Of course, if you don't have PR this is a non starter.

I think also, in the meantime she should be trying to see if she can find an employer that would apply for an LMO for her - what does she do for a living?
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Old Mar 16th 2013, 10:47 am
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Default Re: Not accepted to IEC, other options?

I'm on PR now, but what counts as a marriage like relationship?

Neither she nor I are skilled workers, we work where we can get work. I work doing door-to-door sales.
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Old Mar 16th 2013, 10:56 am
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Default Re: Not accepted to IEC, other options?

Meaning an exclusive relationship where you share your lives "as if you were married"

If you have lived together for a minimum of a 12 months then you would be classed as common-law partners and as you have PR you could apply to sponsor her. There is no minimum income requirement, you just need lots of proof and to show that you are in a committed and ongoing relationship.

You can apply "outland" which will take around 8-9 months, she can change to visitor status whilst you are waiting for it to be processed (before her iec runs out) but she would not be able to work unless she finds an employer who would apply for an LMO.

You can find more information in the wiki: http://britishexpats.com/wiki/Spousa...sorship-Canada

CIC: http://www.cic.gc.ca/english/informa...cations/fc.asp


Last edited by Siouxie; Mar 16th 2013 at 11:00 am.
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Old Mar 16th 2013, 11:10 am
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Default Re: Not accepted to IEC, other options?

I've only had PR for about 4 months though, does that hinder the fact the common-law thing for living together for a year? We've lived together for way over a year, but only 4 months of the time I had PR.
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Old Mar 16th 2013, 12:31 pm
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Default Re: Not accepted to IEC, other options?

Not meaning to hijack a thread but to save making a new one and were kinda in the same boat I was hoping someone could answer.

I been living with my girlfriend in a 'marriage like relationship' for 10 months now in Canada (Arrived on my IEC May 2012) and 5 months before that in England with 2 months apart due to waiting for the IEC, so 10 months by the books as 2 months apart is too long a distance.

As like Hewlitt I was unfortunate not to get into this years IEC, I have had a full time job since last July but its not a 'skilled' job where I can get an LMO. Now my girlfriend is a Canadian and I cant leave her as we've been together for almost a year and a half...what are my options?

Again sorry for posting in another thread!
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Old Mar 16th 2013, 12:41 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by iBoBBa
Not meaning to hijack a thread but to save making a new one and were kinda in the same boat I was hoping someone could answer.

I been living with my girlfriend in a 'marriage like relationship' for 10 months now in Canada (Arrived on my IEC May 2012) and 5 months before that in England with 2 months apart due to waiting for the IEC, so 10 months by the books as 2 months apart is too long a distance.

As like Hewlitt I was unfortunate not to get into this years IEC, I have had a full time job since last July but its not a 'skilled' job where I can get an LMO. Now my girlfriend is a Canadian and I cant leave her as we've been together for almost a year and a half...what are my options?

Again sorry for posting in another thread!
..again, it depends a bit in which Province you are. In MB you could now apply for PNP...but not many Provinces offering that option as far as I know.

In Hewlitt's case it looks like the only option might be common-law sponsorship. You have as well the same option...but you won't be able to work for a while if you stay in Canada, as you need to switch over to visitor visa come May.
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Old Mar 16th 2013, 1:20 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by manitobain
..again, it depends a bit in which Province you are. In MB you could now apply for PNP...but not many Provinces offering that option as far as I know.

In Hewlitt's case it looks like the only option might be common-law sponsorship. You have as well the same option...but you won't be able to work for a while if you stay in Canada, as you need to switch over to visitor visa come May.
Im currently in B.C.
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Old Mar 16th 2013, 1:44 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by Hewlitt
I've only had PR for about 4 months though, does that hinder the fact the common-law thing for living together for a year? We've lived together for way over a year, but only 4 months of the time I had PR.
I am presuming that you were a named dependent on your parents PR application - i.e. under 22 at the time of application and not married nor in a common-law relationship? If so, you were also required to be neither married nor living in a common-law relationship at the time that you became a PR to remain being classed as a dependent. If you were originally classed as a dependent (as specified above) and you were living with your girlfriend when you got PR and CIC knew, your PR status would not have been granted and could be removed if they find out.

You should look for a different route for your girlfriend until at least a year after you gained PR status has passed if the above applies to you.

If you became a PR through being a dependent through other means - such as being a student - then it may be different.

OP6b 6:4 http://www.cic.gc.ca/english/resourc.../op06b-eng.pdf

The age of accompanying dependent children is locked in on the date the application is received by the CIO(OP1, section 5.24), but dependence is not.

If a child is under the age of 22 on that date but 22 years of age or older when the visa is issued, they may still be included as part of the parent's application as an accompanying dependent, if they are still not married or not in a common-law relationship or, if they are financially dependent due to full-time study (R2(b)(ii)) or due to a physical or mental condition (R2(b)(iii)).

If a child over the age of 22 is considered a dependant child on the date of application by virtue of R2(b)(ii) or R2(b)(iii), then the child must still meet the requirements of these provisions at the time of visa issuance in order to be included in the parent's application.
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Old Mar 16th 2013, 1:56 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by iBoBBa
Not meaning to hijack a thread but to save making a new one and were kinda in the same boat I was hoping someone could answer.

I been living with my girlfriend in a 'marriage like relationship' for 10 months now in Canada (Arrived on my IEC May 2012) and 5 months before that in England with 2 months apart due to waiting for the IEC, so 10 months by the books as 2 months apart is too long a distance.

As like Hewlitt I was unfortunate not to get into this years IEC, I have had a full time job since last July but its not a 'skilled' job where I can get an LMO. Now my girlfriend is a Canadian and I cant leave her as we've been together for almost a year and a half...what are my options?

Again sorry for posting in another thread!
It is better to start your own thread, but I will try to answer this briefly.

Your best bet initially is to have a good read of the Wiki: http://britishexpats.com/wiki/Catego...an_Immigration

It does not necessarily have to be a skilled job to get an LMO. How long have you been in your job? If you can find a job willing to offer you a permanent contract, you could apply under FSW2, depending on the job.

BC also has several different streams, one of which is the semi-skilled Provincial Nomination Program, but you would need to be in a specific industry - tourism/hospitality, food processing or long-haul trucking industries - and working for 9 months straight prior to applying. Once you get Provincial nomination, you can apply for a work permit (a friend of my son's took 8 weeks to come through), but it does depend on your employer being willing to nominate you and give you a permanent contract of employment.

Alternatively, if your girlfriend is willing to support you whilst you wait for PR then apply to change the conditions to Visitor status before your IEC runs out and then put in for the spousal family stream once you have lived together for a year. You would not be able to work, but could still use the time whilst you are waiting for processing to see if you could find an employer willing to try to obtain an LMO.

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Old Mar 16th 2013, 2:27 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by siouxie
It is better to start your own thread, but I will try to answer this briefly.

Your best bet initially is to have a good read of the Wiki: http://britishexpats.com/wiki/Catego...an_Immigration

It does not necessarily have to be a skilled job to get an LMO. How long have you been in your job? If you can find a job willing to offer you a permanent contract, you could apply under FSW2, depending on the job.

BC also has several different streams, one of which is the semi-skilled Provincial Nomination Program, but you would need to be in a specific industry - tourism/hospitality, food processing or long-haul trucking industries - and working for 9 months straight prior to applying. Once you get Provincial nomination, you can apply for a work permit (a friend of my son's took 8 weeks to come through), but it does depend on your employer being willing to nominate you and give you a permanent contract of employment.

Alternatively, if your girlfriend is willing to support you whilst you wait for PR then apply to change the conditions to Visitor status before your IEC runs out and then put in for the spousal family stream once you have lived together for a year. You would not be able to work, but could still use the time whilst you are waiting for processing to see if you could find an employer willing to try to obtain an LMO.

So potentially I may have to not work for up to..say 14 months+ ?

Edit: Been at my job now for around 8 months.

Last edited by iBoBBa; Mar 16th 2013 at 2:33 pm.
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Old Mar 16th 2013, 2:47 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by iBoBBa
So potentially I may have to not work for up to..say 14 months+ ?

Edit: Been at my job now for around 8 months.
If you are referring to the spousal route, then you would do an 'outland' application (see here: http://www.cic.gc.ca/english/informa...cations/fc.asp ) and the current processing times for that are a total of 10 months, however, a lot of people seem to be getting it through in a lot less than that.

If you can apply through the PNP stream, then you are looking at about 2-3 months for PNP nomination to come through and once you have that you can go to the border and get a TWP.

If you don't want to wait for the spousal route, then I would suggest looking at the BC PNP streams and seeing if you could qualify (once you have been working for 9 months) and then see if your employers would be willing and able to sponsor you and also look at the Wiki to see if there are other avenues open to you.

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Old Mar 16th 2013, 3:07 pm
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Default Re: Not accepted to IEC, other options?

Originally Posted by siouxie
If you are referring to the spousal route, then you would do an 'outland' application (see here: http://www.cic.gc.ca/english/informa...cations/fc.asp ) and the current processing times for that are a total of 10 months, however, a lot of people seem to be getting it through in a lot less than that.

If you can apply through the PNP stream, then you are looking at about 2-3 months for PNP nomination to come through and once you have that you can go to the border and get a TWP.

If you don't want to wait for the spousal route, then I would suggest looking at the BC PNP streams and seeing if you could qualify (once you have been working for 9 months) and then see if your employers would be willing and able to sponsor you and also look at the Wiki to see if there are other avenues open to you.

Thank you for your reply, I just have 1 more question for you! We started living together May 19th which was the day i arrived, would 'we' have to wait until then before sending the outland route?

And I would have to go to the border to change my status to visitor 30 days prior to my IEC expiring?

Last edited by iBoBBa; Mar 16th 2013 at 3:09 pm.
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