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Where should I start?

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darklexi View Drop Down
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    Posted: 13 Jan 2011 at 11:42am
This entire process is overwhelming.

My boyfriend is a Canadian citizen and I am an American citizen - he and I have discussed marriage but want to live together before making any serious life plans.

I frequently visit canada on a visitors visa, but I am unsure how to begin the process of finding a job and permanently staying in the country.

On my next trip up can I just tell the immigration officer that I'm staying for 6 months and during that time attempt to find an employer?  From what I've read arranged employment is the easiest way to get the ball rolling on a TWP.

If I find a job, can I extend my TWP and apply for some kind of permanent residency?

If I cannot find a job in 6 months, can I return to the states and then immediately re-enter?

I've heard from people that the NAFTA may have some impact on me finding employment and ensuring residency but I havent been able to find anything specific on that topic.

Any insight on this matter is very appreciated.
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Jultime View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jultime Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2011 at 7:37am
Yeah, it is confusing.

I'm a Canadian citizen with US permanent residence living in the states. I'm returning to Canada this year and my American b/f wants to come with me.

I'm wondering if I can bring him with me to Canada, apply for permanent residence and get a temp work permit.

Or would it be better to apply from the US? Maybe as a skilled worker?

What's the fastest route?

Confused


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unclesam112 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote unclesam112 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2011 at 11:30am
both ways are good for you and your partner, it's all up to you if you want to live in US with your bf or on your home country
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darklexi View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote darklexi Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2011 at 11:55am
Here is what I've discovered - hopefully someone will correct me if I'm wrong.

To apply from the US as a skilled worker without finding an employer to sponsor you first requires you to have proof of funds (starting at $11,000 canadian) to prove that you can sustain yourself while moving to Canada.

The "workaround" that is implied and that I have heard is successful is to simply come to canada as a visitor and try to find an employer who can sponsor you and fill out the necessary paperwork for you to get a temporary work permit.

Assuming that all goes well, you can sponsor your boyfriend as a common law partner after he has legally lived with you for 1 year.  Meaning he would need to have all the proper documents needed to be in Canada legally and you would need to share a home with proper documentation (utility bills, etc) for 1 year.  From what I've read, the sponsorship process is extremely time consuming.

The part that i get confused about is the time frames.  A visitor can stay in canada for up to 6 months, so if I visit the US for a day or two can I just turn around and re-enter canada as a visitor again?  Or is there some kind of limitation on how often I can enter the country?  Also, I'm guessing the customs agents would start asking questions!

If I find an employer that will sponsor me and attempt to get me an LMO, can I leave canada and re-enter if the whole thing is in process?  The last thing I want is to overstay my visa and get deported.  Perhaps I can extend my stay legally citing that I'm attempting to find employment?


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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2011 at 12:15pm
darklexi -

Here's how the six month visit works...

How long you are allowed to stay is determined by the officers at the border every single time you enter. You might get the default 6 months, you might only be allowed to visit for a shorter period of time, or you could be denied entry all together.

Keep in mind that the six month visit is a priviledge and not a right. If border officials think you are starting to behave more as a resident of Canada than a visitor, then there's a chance they might approve you for a shorter visit or even turn you away. For this reason it's also an extremely bad idea to show up at the border in a car stuffed with all of your personal belonging. Some people (yes, even US citizens) have even been banned from Canada for a year for attempting this since they were clearly moving rather than visiting. If you plan to cross the border often - the best advice I can give you is get a Nexus card now.

Giving "finding employment" as a reason for extending your stay is a bad idea since this states that you entered the country with plans to stay long term. CIC will take this as an abuse of your visitor priviledges.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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darklexi View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote darklexi Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2011 at 1:02pm
Scylla,

Thanks so much for taking the time to respond.  I have some followup questions if you dont mind!

Ive been to canada several times and no one has mentioned any limit on the time I can stay there, nor do I see anything in my passport other than the date stamp from when I arrive.  Am I missing something or do you think I've just been granted the standard 6 months?

Thanks for the tip on the Nexus card, I had never heard of that program until today.  I'm already visiting canada several times a year so this just makes sense!

I would really like to do this whole thing as legally as possible but I simply dont have enough money to pass the "proof of funds" portion of the skilled workers application.  How else can I find an employer to sponsor me if I dont do it while Im in the country "visiting"? 

The more I read and talk to people about this the more it seems like I will need to just buckle down for a couple years and save up a ton of cash before I can legally go up there to be with my boyfriend which is very unfortunate.  If there is something you know that I'm missing I'd appreciate any insight you have.

Thanks again!


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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2011 at 2:05pm
1) Nothing in passport = you've been granted the standard six months.

2) Glad you're considering the Nexus card. Before he became a PR, my husband used to cross the border from US to Canada about once a month. He had zero problems and I think the Nexus card is the reason why.

3) No one is saying that you can't look for a job while you're here. There's just no way you should use this as a reason to extend a visit. FYI: Unless you fit the NAFTA job profile, it's going to be difficult to find an employer even if you're here. In order for someone to hire you, then have to successfully apply for an LMO (labour market opinion). In short, this process involves posting the job on Canadian job boards for a few weeks to see if any Canadians apply (the employer has to be able to prove they were unable to find a Canadian or train a Canadian to do the job and that's why they want to hire a foreigner). Assuming no qualified Canadians apply, they then submit an LMO application to the Canadian government. This entire process involves a lot of red tape and waiting - and not all LMOs are approved. As a result, many/most employers simply aren't interested in going through the process unless somone has extremely specialized skills that aren't readily available here.

4) If you get married, your boyfriend can sponsor you now. No need to save money to meet a savings cut off. No need to live together for a year. (My husband is American and the processing of his PR application only took 4 months.) You could also apply for a student visa - however keep in mind that this option requires cash as well since you'll be paying out of country tuition fees and will have to show an additional $10K to cover first year living expenses.

Hope this helps.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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anshia View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote anshia Quote  Post ReplyReply Direct Link To This Post Posted: 02 Feb 2011 at 10:26am
hi
i want to apply for canada fast track immigration.can anyone tell me what is the process and how to apply.can i apply without any consultant?what is the list of documents required.from where can i got the form ?
anshia1234
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 02 Feb 2011 at 2:04pm
Hi

Originally posted by anshia anshia wrote:

hi
i want to apply for canada fast track immigration.can anyone tell me what is the process and how to apply.can i apply without any consultant?what is the list of documents required.from where can i got the form ?


There is no fast track, start your reading at www.cic.gc.ca
PMM
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