Open Work Permit Please Help :)

[funkyskunk]

My Boyfriend is US Citizen and has been offered an animation job for 9 months in Vancouver. (He is considered highly skilled) I am from the UK and live in England, we are currently having a long distance relationship as we are unable to live together. We met when we were both out working in New Zealand.

Since June - i have been to stay with him for 2 months in Sanfrancisco, and he has visited me twice, for a month.

He has mentioned to his employer, that he wishes to bring his gf with him on his visa (me). The employer has said that there would be no problem, they would issue me with an 'open work permit'.

After looking through this site, and on the Canadian immigration website, it looks like we need to prove 'common law partnership' i am concerned that we won't be eligible as we have been unable to live together because of immigration / working laws.

As the employer will be organising the visa, can anyone tell me the liklihood of me being able to gain an 'open work permit' given the circumstances above ? If not, can anyone advise on the best course of action for me to take ?

I am considering moving to Vancouver as a visiter (as i am visa exempt) and trying to gain common law status that way, by moving in wth my boyfriend and acquiring a joint lease, bank accounts etc.

Any help or information that anyone could offer would be really appreciated, as i would really like to make this work. Smiley

[rjessome]

My Boyfriend is US Citizen and has been offered an animation job for 9 months in Vancouver. (He is considered highly skilled) I am from the UK and live in England, we are currently having a long distance relationship as we are unable to live together. We met when we were both out working in New Zealand.

Since June - i have been to stay with him for 2 months in Sanfrancisco, and he has visited me twice, for a month.

He has mentioned to his employer, that he wishes to bring his gf with him on his visa (me). The employer has said that there would be no problem, they would issue me with an 'open work permit'.

After looking through this site, and on the Canadian immigration website, it looks like we need to prove 'common law partnership' i am concerned that we won't be eligible as we have been unable to live together because of immigration / working laws.

As the employer will be organising the visa, can anyone tell me the liklihood of me being able to gain an 'open work permit' given the circumstances above ? If not, can anyone advise on the best course of action for me to take ?

I am considering moving to Vancouver as a visiter (as i am visa exempt) and trying to gain common law status that way, by moving in wth my boyfriend and acquiring a joint lease, bank accounts etc.

Any help or information that anyone could offer would be really appreciated, as i would really like to make this work. Smiley

The employer was wrong.  Since you and your boyfriend have not lived together already for 12 consecutive months, you do not meet the definition of "common-law" for immigration purposes. It doesn't matter if you move in with your boyfriend now.  By the time you do meet the requirements, his work permit will be finished.  However, you may want to check to see if you meet the IEC (International Experience Class) requirements for an open work permit.  Check out the website for CHC London and look up those requirements to see if you qualify.

[funkyskunk]

Thank you for responding to my post. Smiley

In the first instance i had intended on applying to the working holiday scheme (international experience) however, as i have recently completed 2 years overseas, working in Australia and New Zealand on working holidays - i am unable to apply until i have remained in my home country for 18 months. (very frustrating)

Going back to my original question, When my boyfriend's company makes arrangements for his temporary work visa, can they include me on the application, as a visitor? (So that they know we are a couple)

Or, is it better to enter the Country by myself, and try to obtain 6 months as a visitor and apply to extend. I had a feeling that it would be unlikely that i would be granted a work permit without us living together first, but are they as strict on allowing someone to live with their partner if they do not intend to work? (provided that there is enough financial support)

I really appreciate any more info that you can offer, as i am trying to make a decision whether to move over there and not work for 12 months (perhaps engage in volunteer roles, unpaid), or remain in England.

[scylla]

You are not a couple in the eyes of immigration. So you would have to apply for a visit visa separately.

[absentgodot]

Thank you for responding to my post. Smiley

In the first instance i had intended on applying to the working holiday scheme (international experience) however, as i have recently completed 2 years overseas, working in Australia and New Zealand on working holidays - i am unable to apply until i have remained in my home country for 18 months. (very frustrating)

Going back to my original question, When my boyfriend's company makes arrangements for his temporary work visa, can they include me on the application, as a visitor? (So that they know we are a couple)

Or, is it better to enter the Country by myself, and try to obtain 6 months as a visitor and apply to extend. I had a feeling that it would be unlikely that i would be granted a work permit without us living together first, but are they as strict on allowing someone to live with their partner if they do not intend to work? (provided that there is enough financial support)

I really appreciate any more info that you can offer, as i am trying to make a decision whether to move over there and not work for 12 months (perhaps engage in volunteer roles, unpaid), or remain in England.

I've been through a similar situation.
If I were you, I would enter as a visitor (make sure you have a return flight booked for 6 months from then, because you want to prove to them that you will leave the country after your 6 months are up).
When you apply for your extension, you will have to prove that you have sufficient funds to support yourself (use your boyfriend's bank statements, pay stubs, etc. assuming he is willing to support you). If you are granted your extension, cancel your return flight home.
Also- in most cases you are not allowed even to volunteer, so make sure after you arrive in Canada that you phone CIC and ask.

Good luck!

[funkyskunk]

I've been through a similar situation.
If I were you, I would enter as a visitor (make sure you have a return flight booked for 6 months from then, because you want to prove to them that you will leave the country after your 6 months are up).
When you apply for your extension, you will have to prove that you have sufficient funds to support yourself (use your boyfriend's bank statements, pay stubs, etc. assuming he is willing to support you). If you are granted your extension, cancel your return flight home.
Also- in most cases you are not allowed even to volunteer, so make sure after you arrive in Canada that you phone CIC and ask.

Good luck!

Thank you so much ! I knew there would be someone who has experienced something similar. I already have an interview lined up in Vancouver to volunteer as a crisis phone counsellor, i will of course check to see if this is ok but in my previous experience i have been able to volunteer overseas unpaid and it has been totally fine. (Surely contributing to the economy in an upaid role should be seen as a positive ?)

[scylla]

Thank you so much ! I knew there would be someone who has experienced something similar. I already have an interview lined up in Vancouver to volunteer as a crisis phone counsellor, i will of course check to see if this is ok but in my previous experience i have been able to volunteer overseas unpaid and it has been totally fine. (Surely contributing to the economy in an upaid role should be seen as a positive ?)

The rule for visitors is that you cannot work and also cannot volunteer at a job that someone might normally be paid to do. A crisis phone counsellor is definitely a job people are sometimes paid to do - so I would definitely speak with someone at CIC (or email them) and obtain confirmation this volunteer position is OK.