My boyfriend from the US wants to move to Canada.

[canadaguy96]

So my boyfriend from the US wants to move to Canada. He only has his GED and has no post secondary schooling. He is applying for a Passport/Visa and we are wondering if he comes here on a visit is he permitted to apply for a work permit while he is in Canada?

He really wants to move here but he has no post secondary skills to be classified under the Skilled Worker Immigration. We are too young yet to get married and we just wants to start our future together. Is there anyway possible he can come in Canada and while he is here find a job offer and apply for a work permit while he is here? If he can, is he allowed to stay in Canada as long as he is under the work permit?

Also if he is working under this work permit after an amount of time can he apply to be a resident after he has been in Canada for so long under the work permit?

 

[scylla]

Yes - he can come as a visitor to Canada. He will likely be granted a stay of six months. Make sure he doesn't look like he's moving here when he enters the country or this could cause problems at immigration.

And yes - he can search for a job while he's here. This isn't an easy process. He will first have to find an employer who is willing to hire him. That employer will then have to apply for a LMO (labour market opinion) and request approval to hire him. As part of this process, the employer will have to prove that he advertised the job and was unable to find a Canadian to hire for the role. If the LMO is approved (not all are), your boyfriend can obtain a work visa and then remain in Canada and work.

The first and probably most difficult step will be finding an employer willing to hire him (many employers aren't willing to consider foreign candidates for open positions because there's so much work involved in hiring them and no guarantee of approval). Does he have any specialized work experience or skills? If so, the process may be somewhat easier. If not, finding an employer may be quite difficult.

Hope this helps.

 

[canadaguy96]

Okay I see how this all works, but it seems like it's not the best option.

Would there be another easier way for him to be able to come in Canada and be able to stay?

 

[scylla]

Okay I see how this all works, but it seems like it's not the best option.

Would there be another easier way for him to be able to come in Canada and be able to stay?

The easier way would be for the two of you to get married and then for you to sponsor him as your spouse. However based on your first post, it doesn't sound like you're quite ready for that.

Another alternative would be to come here as a student (i.e. attend college or university here). He will need a study permit to do this. (Note that foreign students pay significantly higher fees than Canadian students.) In order to be approved for the study permit, he'll need to show a bank balance that covers first year tuition + an extra $10K in living expenses.

 

[canadaguy96]

Well we kind of not get married since I'm only 16 and we are both guys which means we are a homosexual couple.

He has called immigration people in my province and they told him his best idea would be to do the work permit or the study permit.

 

[Leon]

If he can not afford to study, he could also look into trying to get a work permit for a low skilled job. Does he have any kind of work experience like fast food or anything? You can go ask around for him if the mcjob places in your area are hiring foreigners or not. Places that hire a lot of foreigners will know how to apply for an LMO and if they have an LMO, he can apply for his work permit when he enters at the border. A low skilled job would not allow him to apply for PR unless you are in BC or AB and it is one of the low skilled jobs on their list. However, in a couple of years the situation will look different. You will be 18 and if you want to, you could get married and sponsor him.

 

[canadaguy96]

Yes he has some fast food experience, he has been working at a Diary Queen for the past few months to save enough money to come here. He is still currently working there now. He has also had some experience working in a grocery store.

I'm glad of this information that he can still get a work permit with a lower skilled job. But I'm wondering, okay so if he comes here and is able to get the work permit under the low skilled job, what happens when his work permit starts to expire? Should he apply for another? Like so as long as he is working at this low skilled job he would need to keep applying for a work permit?

I thought if he was on the work permit for like a year of a low skilled job he would be able to apply for permanent residence?

 

[Leon]

I'm glad of this information that he can still get a work permit with a lower skilled job. But I'm wondering, okay so if he comes here and is able to get the work permit under the low skilled job, what happens when his work permit starts to expire? Should he apply for another? Like so as long as he is working at this low skilled job he would need to keep applying for a work permit?

I thought if he was on the work permit for like a year of a low skilled job he would be able to apply for permanent residence?

It is not really easy to get a work permit for anybody because first the employer has to prove that no Canadian wants the job. Immigration does not want every employer to hire as many foreigners as they like if there are unemployed Canadians who want those jobs. The employer first has to apply for a labour market opinion at Service Canada. In order to do that, they need to have advertised the job and say that either nobody applied or nobody applied who was qualified. Then they are allowed to hire foreigners. Your boyfriend would have to get a labour market opinion through an employer and then he can apply for a work permit for the job. He might get 1-2 years. After that time has passed, or actually a bit before that, the employer should apply for a labour market opinion again. If he gets it again, your boyfriend can apply to extend his work permit. The maximum time he can be on a work permit in Canada is 4 years. Then he has to go home again but I am sure you will have found some solutions before then.

A person who is working a skilled job can apply for permanent residency after 2 years but a person who is low skilled does not have the same chance. It is only in BC and AB that some low skilled workers can be sponsored by their employers. However, if he is working fast food, manages to get promoted to shift manager and gets a new work permit stating that he is now skilled, he would have a better chance to immigrate on his own. However, once you are 18, if you want to marry him and sponsor him, you could.

 

[canadaguy96]

Okay I understand that the work permit may not be that easy. I also have another question.

I read something about Conjugal Couple. Is there anyway I could apply for him as my Conjugal partner? Like what needs to be shown to prove that he is my Conjugal partner?

I don't really want to do the marriage, only if that's the absolute last option I got.

 

[scylla]

Okay I understand that the work permit may not be that easy. I also have another question.

I read something about Conjugal Couple. Is there anyway I could apply for him as my Conjugal partner? Like what needs to be shown to prove that he is my Conjugal partner?

I don't really want to do the marriage, only if that's the absolute last option I got.

You won't qualify for conjugal unfortunately.

Conjugal is for people who face significant immigration barriers and cannot marry or live together. One example might be a Canadian who wishes to sponsor a spouse from the Philippines who is separated. Divorce is next to impossible to obtain in the Philippines - so they cannot get married. The person from the Philippines has been denied a visit visa to Canada three times - so they cannot live together for a year to become common law. In short, conjugal is for extreme cases where marriage and common law are impossible. You don't face these barriers.

 

[canadaguy96]

Okay seems that is not an option either. So my best bets are that he gets a job in a skilled position, or we get married?

But I also looked into this, what about if he applied for a provincial nominee program?
I looked at the one for Newfoundland:


"You are eligible for the Skilled Worker category if you:

Have a full-time job offer from a Newfoundland and Labrador employer, or a job or job offer that has compensation in the form of a salary and benefits package that meets provincial employment standards and prevailing wage rates;
Have a Citizenship and Immigration Canada Work Permit or is entitled to apply for one;
Have the qualifications, training, skills, and/or accreditation required for the job;
Can demonstrate the intention and ability to settle permanently in Newfoundland and Labrador;
Have a job or job offer that does not contravene existing bargaining unit agreements or any employment disputes;
Can demonstrate that you have sufficient settlement funds and financial resources to successfully establish yourself and any dependents in Newfoundland and Labrador;
Your employer (or future employer) can demonstrate a need for your skill set; and
Can demonstrate sufficient English or French language capability to perform the employment duties. Your English language ability must be verified by one of the following:
An Affidavit of English Language Ability from a Newfoundland and Labrador employer who has offered you a full-time job; or
Education and/or training documents
Occupations classified in NOC Code C or D will have to meet Minimum Language Requirements"

From what I read it seems like if he just gets under a work permit and gets experience of working in Newfoundland he can apply for this?

Do this sound like a good option?

 

[scylla]

Yes - if you guys are planning to live in Newfoundland or Labrador then that's certainly an option.

 

[canadaguy96]

Okay good. So from this information I provided does it mean that my boyfriend needs to have any special kind of job? Or can it be any kind of employment from a place for him to qualify? Ex: Fast Food?

I really hope so because I will feel much greater about this immigration situation. ???

 

[canadaguy96]

Okay I'm gonna re-post.

So here is our plans:

He is working on his passport now and is hoping to get here by september.
While he's here he is gonna be looking to see if he can get a job offer.
If he gets approved for the job he's gonna stay on the work permit.

But this is what I wants to know, if he gets a work permit and gets work experience here in Newfoundland can he apply for the "NEWFOUNDLAND AND LABRADOR PROVINCIAL NOMINEE PROGRAM?"

~

If it comes down to last resort we're going to see if he can stay on the work permit until I graduates and I'm able to marry him. Even though I sees the marriage process being just as hard since from what I heard it's hard to get LEGALLY married as a gay couple in Newfoundland since some churches wont perform it.

~

To come down to it all what is the best bet for me and my boyfriend? We aren't gonna stop until we are together even if we have to wait until we can marry.

I just wants to know if he can qualify under the Newfoundland Immigration process.

All help would be nice,
Thanks!

 

[Leon]

First things first. Let him see if he can get a job and a work permit and worry about the permanent residency later.

If you want to know if he would qualify for the Newfoundland PNP, you would have to wait until he is working and then call them and ask if he would qualify with that job and that work permit under their program.

If you end up getting married, you do not necessarily have to do it in Newfoundland. You can go and do it in some other province. You also don't have to get married in a church.