chinn

As previously explained.. my Boyfriend and i were about to send off our PNP applications, when my employer changed his mind and backed out!

Our Bunac visa expires on this thurs 9th, and our original plan was to send off our applications now.. leave Canada on the 9th, travel in USA for couple months, then get flight home to UK end of Dec for Christmas (which is booked) and return to Canada mid Jan (which flight is also booked) and by then have hopefully been accepted on program.

If we were declined then we come back to Canada on that flight.. and sell/get rid of our belongings and head home again to the UK .. we got a really cheap flight back over in January, so thought it was worth the risk..

Anyway, now that i can't apply myself, i'm looking into applying as his common-law partner.
Q: If we can't get this done in the next 4 days, then does anyone know if we could go down to the border and then re-enter Canada on a tourist Visa,to buy us more time to finish the application?? or will they just think we are planning on staying longer and working illegally and refuse us re-entry??!

Q: I was under the impression the BC PNP had to receive the application whilst our working visa is still valid?? Is this the case? If not then we could even finish off the application once we are in the USA??

Does anyone know what our options are? If we HAVE to apply whilst our current Visa's are still valid, then obviously we don't want to miss the boat.

Q: Last question.. does anyone know exactly what the require from the common-law partner.. i realise we need to prove our relationship and get letter from relatives/bank statements etc, but is there a list of the exact requirements anywhere.. and would i just send loose with my boyfriends PNP application forms??

Any Advice would be grrreat... the PNP office isn't open until monday and then i'd have 3 days to sort this all out!!!

THHANKS YOU KIND PEOPLE!

Judy in Calgary

Sorry, I don't know.

No, it is not the case. Many foreigners apply for PNP from outside of Canada. You may be getting confused with fast tracking a permanent residence visa appliction that is submitted via the skilled worker route and that is backed up by pre-arranged employment.

See the thread entitled Common Law.
x

lof

sorry, judy, but... there is again relevant information missing here - the op's boyfriends occupation most probably falls into noc category d.

as outlined in the op's other thread: there are different rules under the semi-skilled stream of bcpnp.
which means to me that the op has to submit a complete and watertight application by early next week.

chinn

Ok.. after yet another major panic, its looks like Yes his 'specialist cleaner' job does fall into category D (not eligible)

However, he is also a 'window cleaning supervisor' as part of the job, which falls into category B! We met a while ago with an immigration officer, who told us that him being a 'specialist cleaner' would be ok!!!?

So, i think if his employer changes his application to make his job title 'cleaning supervisor', which he is, that would be eligible??...

Has all this changed recently? We are sure that the last time we looked on the noc table it was different?!

Am i right in thinking i only pay for the application once it gets to the point of applying for the PR??
cheers

lof

i'm sorry. this is not to make you panic but to try to help you.
eligible under the very specific circumstances that he a) works in a hotel, b) has been legally working for the same sponsoring employer for the last 9 months (and can proof that), c) applies under the semi-skilled stream of bcpnp and d) does so before he leaves the job and the country...

it depends more on his duties and less on the job title... if he is genuinely promoted to this supervisor job (i guess you are talking about noc 6215) and does that for the major part of his working time - go ahead. if it is just for the sake of the paperwork... i'm not sure if i personally would be willing to risk getting in trouble because of misrepresentation...

are you confusing "a job being on the noc list" and "a job being in the skilled category"? don't get me wrong - i don't belittle cleaners, they are an important part of the economy and for sure they need to know what they are doing. but... you don't exactly require a master's degree or a four years apprenticeship with trades certificate to work as a cleaner, do you? it's more a hands-on job in which you improve your skills by doing it and so work your way up the ladder (as far as that goes...) and i guess that is why it's rated as a semi-skilled job.


bcpnp wants a processing fee of $550. they won't process your application without it. whether the employer pays that or you or you split it - it's something you have to discuss with the boss (or hr). agreeing to pay at least part of this fee would certainly help to keep the employer in good mood...
once you are nominated you need to submit the usual fees to cic (afaik (didn't check it) $550 processing fee and $490 permanent resident fee for each of you).


out of interest: what's your occupation? would it be viable to get your foot in the door with another employer?

chinn

Yep, his duties are that of a supervisor - cleaning supervisor. The job requires him to work cleaning aswell as the supervisor part. He wouldn't be saying it just for the paper-work... that is really what he does. We were suggested by the immigration officer that 'specialist cleaner' (the type of cleaning it is) would be the job title.

He is a rope-access cleaner/restorer, which infact involves high-rise window cleaning mostly,but requires more skill than your average cleaner. We also both have a BA hons art degree, but as far as i can tell we don't get any credit for that through the PNP, as it isn't a points system.

I realise the fees for the PNP, and PR, as i already had my cheque written out to them, ready to send off!! however, now that i'm not able to apply on my own, and will be part of his application.. do we still BOTH pay? even though it's just one application?

One other thing..
If this doesn't work out for whatever reason, would it be possible for us to return on a tourist visa in January.. look for other work, try to get a LMO for that job and then be issued another work visa? I heard this could be an option? i realise that it would then only be a temporary resolution, but at least we could be here! then we could try the pnp again, with two jobs which qualify!?

We are both Art graduates, i work in film/photography/painting/drawing, my Boyfriend is a Sculptor. We graduated last year, and moved straight here, and since being here haven't found work in our ideal discipline. The rope access work is something he really wants to continue with, i have more been between jobs.. cafes, rock-climbing instructor.. nothing that really is on the list!..

I did infact see this evening 'artist' on the list in category A! That is me, but i haven't set up a business (yet) doing my artwork.
hmmmm

scottymallo

his employer must prove also that he s advertised nationally for 2 weeks and he could not find a suitable canadian resident to fill the role. Then he can look at the PNP route. Has this been done?

scottymallo

Common law is very difficult to prove. Need mortgage or rental agreement in the same name must be over 1 year. Plus proof of bill ect. My OH was accepted via PNP route took over 6 months to sort out. Once you Bunac runs out it will be impossible to get a job. As you are legally unable to work in Canada!

lof

there will be the one $550 fee to bcpnp for your boyfriends application. once he's nominated the cic fees apply to both of you.


*sigh* i've spent quite some time researching that whole matter. specialised cleaners are on the noc occupations under pressure list for bc whereas cleaner supervisors aren't. (the noc oup list is relevant for lmos and and one of the sources bcpnp probably consults in decision making)
at the moment i'm not even sure if bcpnp would consider your boyfriend under the skilled occupation stream (there is that "Examples of ineligible occupations" in which he might or might not fall). the only thing i can say now: call them first thing tomorrow morning and discuss all the facts with them, lets see what options they consider.


the main problem with coming over on a visitor visa would be the funds: you wouldn't be allowed to work until your lmo is approved (at which time you could flagpole, get your wp and start working). and lmo's can take quite a lot of time in bc these days (they were close to 8 months at one time!). so you would be in the situation of living from savings for quite a long time (not to mention that you traveled the time before that). even if you'd land a new job with which you could go the bcpnp route you would be forced to sit tight until you're nominated (at which point you could apply for a lmo-exempt wp).

lof

do you mind to give us a link to the source of this statement? seems that i missed it.

chinn

okay dok! thanks so much for all the help!

Any idea how to get hold of the PNP quickly.. in the past when i have called them it has always gone straight to answer machine, and they have called back a few days later...

They seem to respond to email pronto, but often the answer isn't clear like talking to someone!

Also, my boyfriends employer advertises ALLLLL the time to fill the position and really struggles. Not many people are willing to walk over the edge of a 300ft building and sit for hours in a rickety chair cleaning windows!..
His employer has written a letter explaining about the constant shortage of people for this job... He is always advertising on internet and in papers..

so, yes the job has been advertised nationally for well more than 2 weeks..

chinn

ok,

It turns out the 'Regional Occupations Under Pressusre List' does not apply to the PNP application, and only to the LMO's... it isn't taken into consideration by PNP when making their decision.

All the proof of common-law relationship isn't required by PNP, and only when applying for PR.

things are looking up!

scottymallo

That is the BC PNP rules as told to my wife by her new boss, she was told this by a BNP officer in Vancouver when she went for her interview to allow her to sponsor staff via the BNP route

scottymallo

Hi chinn if you get a PNP offer you will still need to apply for common law as you submit you PR to London along with you letter that state you ve been accepted by BC PNP basically just putting your PR to the top of the pile along with family sponsorships.

lof

if it is a rule indeed - why isn't it in the directions for employers on the bcpnp web site? i know that an employer needs to proof efforts to hire a canadian or pr, but i still don't see a written rule on what these efforts need to look like, or how long these efforts need to be, the way it is clearly declared by hrdc with the lmos.
this is the first time that i hear about an employer who had to attend an interview with them. my employer didn't need any kind of pre-approval, neither in my case (early 2007) nor in my work mate's (end 2007). and i would find it a bit weird if they would re-introduce something they got rid of in 2005 or 2006...

anyway, since i don't know your exact circumstances, i just state: my experience was different. and i personally try to back up the information i put into my posts with information from the official websites.