Moving from the US to Canada, need advice.

[HBeach78]

Hello fellow forum Members,

Here's my situation. I am a United States citizen, born and raised.  My boyfriend, James is Canadian. After much deliberation, We have decided that me moving to Canada was the best for both of us :) Now I am not a Doctor, Rocket Scientist, or hold a super important job title.  So the plan of action is for James to fly back down, while I'm still waiting for my passport to come in...he'll stay with me for a few months to help me pack and we plan on driving from Massachusetts to Calgary this Spring/ early Summer. My major concern is that I am able to work legally once I get to Canada.  I don't know what my options are, what kind of information I need to provide, where to send it, how long the process takes... just so that we can get this ball rolling. Any advise will be greatly appreciated!!
Thank You!!

[PMM]

Hi

Hello fellow forum Members,

Here's my situation. I am a United States citizen, born and raised.  My boyfriend, James is Canadian. After much deliberation, We have decided that me moving to Canada was the best for both of us :) Now I am not a Doctor, Rocket Scientist, or hold a super important job title.  So the plan of action is for James to fly back down, while I'm still waiting for my passport to come in...he'll stay with me for a few months to help me pack and we plan on driving from Massachusetts to Calgary this Spring/ early Summer. My major concern is that I am able to work legally once I get to Canada.  I don't know what my options are, what kind of information I need to provide, where to send it, how long the process takes... just so that we can get this ball rolling. Any advise will be greatly appreciated!!
Thank You!!

1.  Unless you are married or have been living in a common/law relationship for 1 year your BF cannot sponsor you to Canada.
2.  If you meet one of the above, he can sponsor you either In-Canada or out of Canada.  In either case you will not be able to work until you receive Permanent Residence status.
3.  You should start your reading at http://www.cic.gc.ca/english/immigrate/sponsor/index.asp
4.  To work you would have to find an employer who is willing to obtain a labour market opinion from Service Canada, that there are no Canadians or PRs available for the job, and that the employer has advertised extensively.  This can take from 12-30 weeks depending on the location and the position.  With a positive LMO you could then apply for a work permit.
5.  If you show up at the border with all your worldly possession, be prepared to be refused admission, as it would appear that you intention is to remain permanently in Canada rather than visit.

PMM

[HBeach78]

Thank You PMM for your quick reply :)

Let me just see if I understand this correctly... I need to apply for a Permanent Resident Card in order to live and work in Canada..is that correct?

Should I apply for the PR card while I'm still living in the US?  My bf's sister is gratious enough to let me stay with her while I sort things out and find a job. Would I be able to use her address as my place of residence in applying for the PR card?   Basically I was hoping to sell what I could here, take the absolute necessities and drive up into Canada, and find work asap. I have also read about the Importing tax on vehicles.. I guess that would apply as well right?   So that has me thinking that our sweet Drive Across Canada to start our Lives together may not be as sweet after all. Don't get me wrong I'm still all for Moving to Canada and applying for a PR Card and someday becoming a citizen... I just don't want any unexpected Over the border suprises...  Being able to work is an absolute MUST!! I want to be indepedant and self sufficient...  Is there anything I can do to make this transition as easy as possible.
Thank You in advance for the tips and advice :)

PS.    After some further reading... Seems that my boyfriend and I fall under the "Conjugal Partner" relationship :) Our relationship shares the same level of commitment just as a marriage/common law. We have known each other since December of 2006 and he has kept a record of our emails and has logs of our countless instant messages through MSN going as far back as March 2007.  Surely that should hold some weight :)

[thaiguy]

In order to live and/or work in Canada, you need either a work permit or permanent residence.

If you're going down the permanent residence road, you probably won't qualify as conjugal partners.  That category is intended for couples that have no option to live together or get married.  In your case, it's more a matter of being inconvenient - not impossible.

If you're going down the work permit route, you'll need to find an employer who will 1) offer you a job, and 2) obtain an LMO (labour market opinion) on your behalf - saying, in effect, that hiring you will not adversely affect the Canadian job market.

I suggest you look into having your partner stay with you in the U.S. for 12 consecutive months so that you can apply as common-law partners.

[HBeach78]

Thank You ThaiGuy,

I can see that this process will not be as easy as we thought. But you're right, it's not impossible. I was just hoping to have all my ducks in a row. I can see that there are many hoops to jump through.

There really isn't much that keeps me here, in the US that is... Sure I have my apartment and my job, but I can relocate anyway. I have my brother and his family that live here, but that's about it... I don't own property, run my own business, no children...

Having my bf live here with me for 12 consecutive months is do-able... maybe a bit tricky. He has already booked a flight back for the end of this month and planned on staying untill I was able to move up to Canada. He's a web designer and could easily work from my home, infact he has when he stayed with me for 2 months. I know his passport will allow him to stay in the US for 6 months, but then he'll have to return to Canada, unless he's able to extend his visit.

Let's say that James stays here for 12 months and we apply as common law partners, how soon should we start that process? AND once we are approved and move to Canada permanently will I be able to work freely? OR will I still have to obtain a LMO?

Sorry for the long winded reply. I just want to be very clear as what my intentions are so I can go about things the right way. I'd hate to sell my belongings, give up my apartment with dreams of granduer, to get refused at the border and have nothing to come back to.

Thanks Again for all the quick relpies :)

[thaiguy]

You can apply for PR on the day that you have lived 12 consecutive months together.  So I suggest you use this time wisely to document your relationship and complete all of the application forms.

Once you receive your confirmation of permanent residence (COPR) and the visa in your passport, you may 'land' in Canada.  After you're admitted, you can go immediately to get your Social Insurance number.  Service Canada will give you the number the same day you apply, and it is that moment you can begin working.  Permanent residence in Canada gives you pretty much every right of a citizen in Canada except the right to vote.  So you'll be able to work, sign contracts, get a driver's license, etc. without any further hassle.

Also, if you remain in Canada for 3 years out of 4 as a PR, you can apply for citizenship.

TG

[HBeach78]

Thanks again Thiaguy!!

So, basically I can get all the needed forms... for obtaining Permanent Residence and for the Common Law Sponsorship now... Look them over to see what other documentation is needed. Once we reach the last day of the 12 month period, we can send them in and wait to be accepted. And I can take care of the rest once I "land" in Canada.  Is that right?

Thanks Again!!
You Rock ThiaGuy!!

[thaiguy]

Almost.

You'll live together for 12 months and put all of the documentation together that proves your relationship.  Immigration wants to see that you've "consolidated your affairs," so you'll want to show things like ..

* joint rental agreements
* joint bank accounts
* joint utility bills
* life insurance where one of you is beneficiary for the other
* (possibly) proof of support by one for the other
* joint credit cards
* proof of vacations taken together
* emails
etc.

If you're unable to have joint accounts, then proof of support goes a long way.  Also, if your bf were receiving mail at an address that you were renting, that helps substantiate that you lived together.  Letters from relatives attesting to your relationship are also helpful.

At the end of the 12 months, your bf would first apply to be eligible to sponsor you, and once that was approved, you would apply to immigrate.

Once your immigration (permanent residence) is approved, you can "land" in Canada.

[HBeach78]

Perfect!!! :)

Thanks again! You have been most helpfull! 
I'm sure I'll have more questions. But for now you've been awesome and answered them all in a timely manner.

Best Wishes!

[chsieh]

Thaiguy,

To be eligible to apply for citizenship of Canada.  Does one have to be physically present 3 out of 5 years (cumulative) OR reside consecutively for 3 years?

[thaiguy]

To be eligible to apply for citizenship, you have to be
  1) physically present in Canada, or
  2) working overseas for a qualified Canadian employer that transferred you abroad, or
  3) traveling with your Canadian Citizen spouse overseas,
for a period of 3 years (1095 days) in every 4 years.


It doesn't have to be consecutive.  But it has to amount to a full 3 years.

[PMM]

Hi

To be eligible to apply for citizenship, you have to be
  1) physically present in Canada, or
  2) working overseas for a qualified Canadian employer that transferred you abroad, or
  3) traveling with your Canadian Citizen spouse overseas,
for a period of 3 years (1095 days) in every 4 years.


It doesn't have to be consecutive.  But it has to amount to a full 3 years.

Sorry but you actual physical presence in Canada for 3 of the 4 years on the day prior to application.  The above statements are for maintaining PR status.

PMM

[thaiguy]

Mybad.  But it's 2/5 for PR - not 3/4.

[HBeach78]

Hello Again,

A few more things have developed since I last posted...

As things sit now, I'm still planning on moving to Canada. I have received my US Passport (bonus), I have made a contact with a "potential" employer in Calgary. So far I'm trying to stick with the "Plan A" which consists of me finding work in Canada and getting them to Sponsor me for a Work Visa..So far that looks promising. The refrences I provided will be looked into and an Interview over the phone will be scheduled :) The Manager I've been talking with seems unsure as to what his responsiblities are, which makes me a little uneasy to be honest. Please correct me if I'm wrong, But shouldn't he go through his HR Department to get the ball rolling?  I'm pretty sure I'll need an LMO, right? And other paperwork I'll need to have BEFORE I cross the Canadian Border. 


Plan B, was having my Boyfriend, James live in the States with me for 6 month, and I'd go up to Canada with him for 6 months and in the mean time we've been documenting the relationship and keeping receipts of things we've purchashed together... but there was a small hiccup in that plan... James was already here (in the States) from August 2007-October 2007 he went back to Calgary for a few months and was going to come back at the end of January and stay up to 6 months... The guys at the border gave him a hard time, went through all his things including his wallet, telling him they didn't think he had proof enough he was coming back to Canada, which of course is NOT the case, since he has his own business registered in Alberta. They weren't going to let him into the States, but then said he has till the end of March, at which point he has to leave and provide all kinds of proof before re entering the US again.  So much for James sponsoring me....We will have lived together only 4 months, there is NO way I can Not work once I get to Canada...

Please, point me in the right direction.... I really need to get the ball rolling on getting a work visa, Is there anything I can be doing while I wait, any paperwork I could be filling out, anything at all...

Thanks Again...

[links18]

Well, your other option would be of course to get married. 

[HBeach78]

Funny you should mention....
James has asked me to marry him and I said YES!!! 

I am just curious as to how this process works..... Once we are married in Canada, how do we go about getting a Perminant Resident Card?  Will I have to come back to the US while this process takes place... Truthfully once I sell everything and give up my apartment to make the big move to Calgary, I'll have no where to come back too.... James and I just want to be together... We are trying to do things by the book, Since the finding of a sponsor for a work visa has not worked out, this is really our only option.  Any advice in this matter would be greatly appreciated!
Thanks in advance!!




ps.... Some advice for those of you in a similar situation....  have a return ticket in hand as you cross the border. That should save you all sorts of head aches.

[HBeach78]

Alrighty,
I would like to have something verified, if possible.  I had another employer who was and still is interested in hiring me. He spoke with a few people at Service Canada to see what's involved with the process and he was told that this could take 7-12 months (no surprise there) and @ 200 hours of his time. I can see why many employers give up and don't bother going this route.

While speaking to these people form Sevice Canada, he asked if there was a faster way to get this done... and All 3 said it would be a lot faster if I were to make the move up to Calgary and get married, at which point I could get a temporary work permit and will be able to work within a short period of time.

This is where I need to clarify things... I have no problem making the move to Calgary and marrying my fiance'.... I just want to be sure that I will be able to obtain a temp. work permit once that happens.  How long is temporary, will it last long enough untill I can get my PR card?
Will I need a SIN in order to open a bank account?

Any answers to these questions would be greatly appriciated!!  Thank You!!

[PMM]

Hi

Alrighty,
I would like to have something verified, if possible.  I had another employer who was and still is interested in hiring me. He spoke with a few people at Service Canada to see what's involved with the process and he was told that this could take 7-12 months (no surprise there) and @ 200 hours of his time. I can see why many employers give up and don't bother going this route.

While speaking to these people form Sevice Canada, he asked if there was a faster way to get this done... and All 3 said it would be a lot faster if I were to make the move up to Calgary and get married, at which point I could get a temporary work permit and will be able to work within a short period of time.

This is where I need to clarify things... I have no problem making the move to Calgary and marrying my fiance'.... I just want to be sure that I will be able to obtain a temp. work permit once that happens.  How long is temporary, will it last long enough untill I can get my PR card?
Will I need a SIN in order to open a bank account?

Any answers to these questions would be greatly appriciated!!  Thank You!!

Nice try no cigar, if you married your fiance, you would not be eligible for a work permit until you receive your Permanent Residence if the application is processed outside Canada.  30 days in Mississauga, and then 3-9 months in Buffalo.  If it was an in-Canada application after marriage, 5/6 months at Vegreville for AIP (Approval in Principle) and then about 2/3 months before landing.  You could apply for an open work permit when you receive the AIP.

PMM

[HBeach78]

Thanks PMM,

*sigh*  I thought it sounded too good to be true.  There is no way I can move up there and stay while the PR card process takes place. My passport only allows 6 months and I'm afraid of what may happen if I over stay.  I just don't see how the governments expect people to go 6 months or more without working, most people have credit card bills and car payments due on a monthly basis.  I don't expect to get an anwser to this... just venting...

I don't know... seems our only real option is for me to take a few days off of work, Fly up there, get married, and start the PR process outside of Canada. 

Thanks for all the advice :)