ITALIAN-ROMANIAN COUPLE MOVING TO CANADA

[aleade]

Hi All,
I am Alessandro and I live and work in Italy with my girlfriend which is working as well. We are both working with an apprenticeship contract, and our companies are both well established in related fields and markets. We have a good situation all things considered especially considering the entire situation of most of our friends and our coevals... Since we are still young (25 me, 22 her) and would like to have more opportunities we planned to find a job in Canada which could better fit our targets for the future.
We are living together since 2011, and we plan to get married soon. There are some questions that I have and cannot find proper answer on the GC's websites:
1) since we are living together since 2011 are we considered as common-law partners? In this case what are the proof to be presented at the time we are presenting our candidature for the work permit?
2) Is it mandatory to have a written job offer from Canadian employer to get work permit from here? If not, how much time we are allowed to stay in Canada looking for a job?
3) In case I would move there alone to find a job firstly by myself, would it be possible for her to move after for something like "family reunion" (I know it is possible if we are married, but don't understood if it is the same for "common law")
4) Since she is Romanian, is there any particular restrictions for immigrating?

Hope the above questions can be replied easily and wish you great holidays to all
ALE

 

[PMM]

Hi

Hi All,
I am Alessandro and I live and work in Italy with my girlfriend which is working as well. We are both working with an apprenticeship contract, and our companies are both well established in related fields and markets. We have a good situation all things considered especially considering the entire situation of most of our friends and our coevals... Since we are still young (25 me, 22 her) and would like to have more opportunities we planned to find a job in Canada which could better fit our targets for the future.
We are living together since 2011, and we plan to get married soon. There are some questions that I have and cannot find proper answer on the GC's websites:
1) since we are living together since 2011 are we considered as common-law partners? In this case what are the proof to be presented at the time we are presenting our candidature for the work permit?
2) Is it mandatory to have a written job offer from Canadian employer to get work permit from here? If not, how much time we are allowed to stay in Canada looking for a job?
3) In case I would move there alone to find a job firstly by myself, would it be possible for her to move after for something like "family reunion" (I know it is possible if we are married, but don't understood if it is the same for "common law")
4) Since she is Romanian, is there any particular restrictions for immigrating?

Hope the above questions can be replied easily and wish you great holidays to all
ALE

1. For CIC you are considered a C/law couple. Requires proof of living together, joint receipts, bank accounts, etc.
2. To get a work permit before you come to Canada, you need an approved Labour Market Opinion from an employer in Canada. The employer has to prove to HRSDC that there are no Canadians/PRs available for the work and you are qualified. The position has to have been advertised for 4 weeks in Canada.
3. If you have sufficient funds, you could come as a visitor to look for employment, but you would still require a LMO from the employer, and with the advertising and and submission to HRSDC you are looking at about 20 weeks minimum before you can apply for a work permit at an overseas office or the border if eligible.
4. Common-law is the same as married in the eyes of CIC.
5. As a Romanian citizen, she would require a TRV (visitor visa) to enter Canada.
6. You could apply for International Experience Canada for 1 year visa, which allows you to work for 6 months when you arrive. It hasn't open yet for 2014. http://www.canadainternational.gc.ca/italy-italie/experience_canada_experience/index.aspx?lang=eng

 

[aleade]

hi,
thank you for your answers, may I ask some additional clarifications:
1) we live in a rental, does a declaration from home owner could fit as proof?
2) what about open work permit? is there any permit which allows to come to Canada to look for a job "on site"?
5) does she need visitor visa even if I will get a job in Canada and she would come ad my spouse or common law partner?
6) does the international experience can be modified in a longer work permit if I will get a job in Canada?

many thanks for all the infos given!
awaiting yours

 

[scylla]

1) Both of your names should appear on the rental agreement to prove that you are common law.
2) Neither of you qualify for an open work permit. You could try coming to Canada as visitors to look for jobs on site (visitors are not allowed to work). However to qualify to apply for a work permit, you will have to follow the process outlined by PMM in his answer.
5) Yes - she needs a visitor visa since she holds a non-visa exempt passport.
6) If you wish to work longer, then you will have to follow the process previously outlined by PMM in answer #2 to quality to apply for a closed work permit.

 

[aleade]

Dear Scylla,
many thanks for your prompt reply, it becomes clearier step by step. What I was reading about IEC and which leaves me stunned is the following point:
QUOTE
11. I am currently in Canada with a work permit issued under the IEC initiative. My employer would like me to continue working after the permit expires. Is this possible under IEC? What should I do?

This work permit cannot be renewed or extended
UNQUOTE

Does it means that I can submit for a new work permit while still being in Canada or shall I come back in Italy and apply for a new work permit, or it is not allowed to ask for a different kind of visa while in Canada under IEC terms?
Tks+rgds

 

[scylla]

You don't have to return to Italy. You can get a new work permit from within Canada. As the CIC site says, the IEC cannot be extended or renewed - however you can certainly apply for a closed work permit. To apply for that closed work permit, your employer will have to get an approved LMO by first advertising the job for 4 weeks to prove that no Canadian could be found for the position. With the advertising requirement, it will take 3-4 months for the LMO to be processed. So if your employer wants to keep you, he/she should start the LMO process 4-5 months before your IEC expires.