Not Sure What Visa To File Under - Skilled Worker/Business/Family

[tinytortoise]

Hi!

I'm an American that would like to move to Canada and I have a few different options for visa/PR, but of course want to pick the best, and fastest way.

1. I hold shares in a Canadian company that I helped found. Currently there is not a full-time position available - we are in start-up mode but I work at least 12hrs a week on company affairs as a consultant not as an employee. I plan to come to Canada and continue working at the start-up; possibly as a full-time employee if that is the best option for a visa.

2. I do part-time marketing consulting work for Canadian companies as a contractor and living/working in Canada would make work so much easier. But I don't have tens of thousands of dollars to show as an entrepreneur. If I came to Canada this would be my full time job - working with my fiance.

3. My fiance is a Canadian citizen (living in Canada) but we cannot get married yet because I am legally separated and my divorce has not been finalized - probably in November 2012.

What do you think would be the best track to take, why, and what's the average timeline? I guess it's good I have options but I don't want to make a mistake and not be admitted.

Thanks in advance!

[scylla]

Have you and your fiance lived together for at least one full year? If so, then she can sponsor you as a common law partner. This would be the fastest way to go. My husband's application was processed in four months. It seems to have slowed down a bit this year - but lots of people are still getting through at around the six month mark.

I don't think #1 is a viable immigration stream because you were one of the founders of the company. I think it will be challenging to convince CIC to let you immigrate based on a job offer from a company you founded. I think you'll face similar challenges if you try to move Canada to work for this company full time as a temporary worker (you'll need an approved LMO and a work permit to do so).

To come here as a temporary worker under #2 (also under #1), the employer would have to file an LMO (Labour Market Opinion) and as part of this process, prove they advertized the job in Canada and were unable to find a Canadian to fill the role. If the LMO is approved, you can then apply for a work permit that will allow you to live in Canada. This process typically takes several months and there's no guarantee of success (i.e. a certain percentage of LMOs are refused).

FYI - to qualify as an entreprenuer, you actually have to be able to make an investment of $800K in Canada and have a minimum net worth of $1.8M. This category is closed to new applicants at this time.

[tinytortoise]

No, we don't live together. I am currently living in Texas and he is in Canada. I wouldn't be able to move there without a visa right? I'm not sure how that common law partner program works.

Have you and your fiance lived together for at least one full year? If so, then she can sponsor you as a common law partner. This would be the fastest way to go. My husband's application was processed in four months. It seems to have slowed down a bit this year - but lots of people are still getting through at around the six month mark.

[scylla]

Right - you can't "move" to Canada without some sort of visa.

Common law sponsorship works the same way as spousal sponsorship (your partner would sponsor you for permanent residency status). To qualify for common law, you must have lived together for a minimum of one full year. So unfortunately that doesn't sound like it will work for you.

Based on the information you've provided, it sounds like getting married as soon as your divorce is processed and then submitting the sponsorship papers then is your best way to go.

Since you're American, you should also check to see if you might qualify to work here under NAFTA:

http://www.cic.gc.ca/english/work/special-business.asp