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Plan B Advice

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Winston View Drop Down
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    Posted: 09 Jan 2011 at 10:42pm
Hello,

I am a Canadian citizen trying to help my girlfriend be able to stay legally in Canada.  We have been dating for about 1 and a half years and have been living together for 6 months.  She is in Canada on a temporary work permit in the non skilled workers category.  She has been in Canada since April of 2009 and her work permit will expire at the end of March 2011.  We moved to another city so she has been unable to work until she finds a new job that can process an LMO.  She has found a willing employer but has been rejected twice due to market conditions.  The employer is only willing to attempt one more time.  As far as I know the agent has done everything they can to process the LMO correctly but has been unsuccessful.  As we cross our fingers that the third time will be the charm, we are thinking about Plan B.  

From what I have read, I can sponsor her for PR after we have lived together for one year (Common Law).  That will not be for another 6 months so we need to bridge the gap between April and August.  We are planning to get married in the future but both agree that this is not the time nor a viable solution to this situation.  Plan B's I am considering are as follows.

1. Extend her status as a worker and continue to look for an employer that can process the LMO.  Seems to be the easiest option but would she be granted an extension without an LMO being processed?  If she was granted an extension for 6 months it would bridge the gap until August but would she need another extension afterwards while we process the PR?

2. Change her status to study.  She is interested in studying and should qualify but being an international student the tuition is pretty expensive.  We have enough savings for a couple of semesters but were saving this money for things like, a house down payment, trip to her home country, and a future wedding.  We are not sure draining our savings for this is a good idea but would be willing to do it if it's the only way.

We need to find a way to stay living together in Canada long enough to process the PR papers.  If she is forced the leave the country before the end of March, we will not be able to qualify as Common Law status. Please let me know any and all of your ideas to help our situation, it is most appreciated. 
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MajidS View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MajidS Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2011 at 7:01pm
I believe a renewal of the work permit is only possible after an LMO, not on it's own. I maybe wrong, though.

Also, you have to realize that even after submitting her sponsorship later this year after one year of common law relationship, there will be a further time frame (maybe upto a year or more, I am not sure) of processing her PR application while she has to be of legal status in Canada. So, all in all, you are looking at having her with a legal status (non PR) of atleast a year or two. I am sorry to make the situation more dire. However, your best bet would be an arranged employment. Studying is an option, for short courses (not college level where they charge a premium for international students) such as 6 months or shorter.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote job_seeker Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2011 at 12:42pm
You can change her status from that of a worker to visitor. Cite exploring relationship as reason for the extension/change of status.
"I shall pass this way but once. Therefore, any good that I can do or any kindness that I can show, let me do it now, for I shall not pass this way again."
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Winston View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Winston Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2011 at 8:08pm
Hello and thank you for your advice.  

It isn't clear if you need an LMO or not to process an extension to a TRV.  If she can keep her status as a worker she will at least have the ability to look for another employer that can process an LMO.  We are aware of the rather extensive time-line involved in processing an inbound PR application.  I'm under the impression that once we apply, she will have implied status allowing her to live in the country as long as she is not working or studying.  It is something to consider as she does not really like the idea of sitting around doing nothing for 12 to 18 months.  A visitor visa may work although I think I looked at that already and you need to be in Canada less than 6 months.  It may be better for her to go back to her home country and work/study while we continue our relationship long distance until we are ready to get married.  

It seems that the HRDC is determined to refuse LMO's to non-skilled foreign workers in an attempt to lower unemployment.  Meanwhile, the employer willing to hire my girlfriend, is struggling to find Canadians and PR that will actually show up to work consistently.  

I'm going to call the immigration hotline to see about the TRV extension and see if there are any other options I have not considered; although I don't expect much co-operation in our situation.

Thank you for your help, it is most appreciated.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote job_seeker Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2011 at 10:52pm
It is not a TRV she is extending. TRVs are applied for outside of Canada. You'd/she'd have to apply to extend her stay in Canada and without an employer/LMO she can't extend her stay as a worker; she'd have to request to extend her stay as a visitor. If granted a longer stay and she found an employer and got LMO she can then change her status again to that of a worker.

Originally posted by Winston Winston wrote:

Hello and thank you for your advice.  
It isn't clear if you need an LMO or not to process an extension to a TRV.  If she can keep her status as a worker she will at least have the ability to look for another employer that can process an LMO.  We are aware of the rather extensive time-line involved in processing an inbound PR application.  I'm under the impression that once we apply, she will have implied status allowing her to live in the country as long as she is not working or studying.  It is something to consider as she does not really like the idea of sitting around doing nothing for 12 to 18 months.  A visitor visa may work although I think I looked at that already and you need to be in Canada less than 6 months.  It may be better for her to go back to her home country and work/study while we continue our relationship long distance until we are ready to get married.  
It seems that the HRDC is determined to refuse LMO's to non-skilled foreign workers in an attempt to lower unemployment.  Meanwhile, the employer willing to hire my girlfriend, is struggling to find Canadians and PR that will actually show up to work consistently.  
I'm going to call the immigration hotline to see about the TRV extension and see if there are any other options I have not considered; although I don't expect much co-operation in our situation.
Thank you for your help, it is most appreciated.
"I shall pass this way but once. Therefore, any good that I can do or any kindness that I can show, let me do it now, for I shall not pass this way again."
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Winston View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Winston Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2011 at 11:16pm
Thank you for the clarification.  I'm pretty new at this and have being trying to wrap my head around all the details.  

Are you sure she can cite exploring a relationship as a reason.  I was under the impression that she would need to prove that it was her intention to return home in order to be granted any sort of stay, hence waiting to qualify for CL requirements would be an automatic rejection.  

I'm planning to call and get as much clarification as possible on this before we decide.  We still have some time before she needs to leave so with any luck she can secure an LMO.  The employer she is trying to get hired with is a relatively small fast food franchise, I'm wondering if we would have any better luck with a larger chain like Horton's.  To be honest we never really anticipated so much difficulty, given the qualifications she has but unfortunately they mean very little in this country.  I guess that was an oversight on our part and we have to deal with it.  

Thanks for the advice we will definitely check into it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote job_seeker Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2011 at 12:50am
There have been members who got extension requests approved citing exploring relationship as reason and then when they have the 12 months living together necessary to apply as common law, applied for PR.

Originally posted by Winston Winston wrote:

Thank you for the clarification.  I'm pretty new at this and have being trying to wrap my head around all the details.  
Are you sure she can cite exploring a relationship as a reason.  I was under the impression that she would need to prove that it was her intention to return home in order to be granted any sort of stay, hence waiting to qualify for CL requirements would be an automatic rejection.  
I'm planning to call and get as much clarification as possible on this before we decide.  We still have some time before she needs to leave so with any luck she can secure an LMO.  The employer she is trying to get hired with is a relatively small fast food franchise, I'm wondering if we would have any better luck with a larger chain like Horton's.  To be honest we never really anticipated so much difficulty, given the qualifications she has but unfortunately they mean very little in this country.  I guess that was an oversight on our part and we have to deal with it.  
Thanks for the advice we will definitely check into it.
"I shall pass this way but once. Therefore, any good that I can do or any kindness that I can show, let me do it now, for I shall not pass this way again."
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Post Options Post Options   Thanks (0) Thanks(0)   Quote unclesam112 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Jan 2011 at 9:57am
in US An Employment Authorization Document (EAD card) is also known as a work permit. The employment authorization document is issued by United States Citizenship and Immigration Services (USCIS) and is issued to show your legal right to work in the United States. The application for employment authorization is also known as form I-765. maybe they are similar too
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