Working in Canada [Advice Required]

[lhunath]

Good day,

I've been searching high and low for information concearning my situation. What I'm really looking for is a person to talk to, somebody that can understand my situation, and point me in the right direction.

Currently, I reside in Canada (as a tourist, for 6 months), together with my girlfriend. We've been together for almost two years. She is Canadian, and lives together with her sister in Ottawa, Ontario. I, myself, am a Belgian Citizen. I'm 22 years old, and I've just completed my Bancelor's degree in Applied Computing (Specialisation Networking).

The only actual working experience I have are student jobs and an internship with a networking security company (which was awarded by my school as the best internship of the year).

At the moment, what I see as possibilities, are the following:
 - Find a job with a job bank / interim office, and have the employer submit a request for a work permit (but what after my 6 month tourist stay period?).
 - Apply for skilled worker.
 - Marry my girlfriend within 6 months, receive Canadian citizenship?
 - Anything else?

I hope anyone with the knowledge I need is available for assistance on this board. If possible, I'd like all the information that applies to me, and/or a place I could go to talk to an official about my situation.

I've been reading this forum and getting worried about processing times. Will I be able to get my situation resolved before I need to leave the country (6 months)? I haven't the financial strength to keep purchasing plane tickets ..

Many thanks in advance,
Maarten Billemont

[mikeramma]

hey
- Find a job with a job bank / interim office, and have the employer submit a request for a work permit (but what after my 6 month tourist stay period?).
after the 6 month stay period as a tourist , ur situation will become illegal and u are not allowed to work any more
- Apply for skilled worker.
it would take the immigration authorities 4 to 5 years to finish ur case
- Marry my girlfriend within 6 months, receive Canadian citizenship?
i think this is the best choice to do , i will not take even 6 moth ( 4 to 5 month ) and will not cost u alot compared with the last two options
- Anything else?
there is a program called provincial nominee , this will take about 1-1.5 years
for additional informaton : www.cic.gc.ca

good luck

[PMM]

Hi

hey
- Find a job with a job bank / interim office, and have the employer submit a request for a work permit (but what after my 6 month tourist stay period?).
after the 6 month stay period as a tourist , ur situation will become illegal and u are not allowed to work any more
- Apply for skilled worker.
it would take the immigration authorities 4 to 5 years to finish ur case
- Marry my girlfriend within 6 months, receive Canadian citizenship?
i think this is the best choice to do , i will not take even 6 moth ( 4 to 5 month ) and will not cost u alot compared with the last two options
- Anything else?
there is a program called provincial nominee , this will take about 1-1.5 years
for additional informaton : www.cic.gc.ca

good luck

1.  As a visitor you cannot work in Canada nor apply for a work permit in Canada.  If you find a job, the employer must receive a Labour Market Opinion (LMO)from HRSDC stating that there are no Canadians or PR availlable for the job and they must demonstrate that have advertised extensively in Canada (3 months) for the position.  As you really have no work experience it is doubtful that you would be issued a positive LMO
2.  As you have no work experience you would not qualify as a Skilled Worker.  Suggest you check http://www.cic.gc.ca/english/skilled/qual-1.html
3.  If you marry, your spouse could sponsor you, either in Canada or outside.  If it is an in-Canada application, you could neither attend school or work until you received Approval in Principle, about 8-9 months into the process.  If you marry and return to Belgium a spousal application would take between 3-9 months, and no you don't receive citizenship, you obtain permanent residence status. As long as you can pass the medical/police checks/background and securiyt checks.  See: http://www.cic.gc.ca/english/applications/index.html


You may wish to basically ignore what mikeramma has posted.

PMM

[lhunath]

In that case, what would be the likelyness to successfully get a Permanent Resident status based on our conjugal relationship described here:
http://www.cic.gc.ca/english/sponsor/familymembers.html#conjugal

The criteria fit. I do need to have that application processed in time, though. Do you recon it would be possible to arrange my PR before my TR of 6 months runs out (it has only just begun this week)?

Also, at which point will I be able to get a job here? And until then, can I still get hired by a Belgian company to work from Canada (I assume I can)? Is it not possible for me to start my own company in that waiting time?

Sincerely,
Maarten

[PMM]

Hi

In that case, what would be the likelyness to successfully get a Permanent Resident status based on our conjugal relationship described here:
http://www.cic.gc.ca/english/sponsor/familymembers.html#conjugal

The criteria fit. I do need to have that application processed in time, though. Do you recon it would be possible to arrange my PR before my TR of 6 months runs out (it has only just begun this week)?

Also, at which point will I be able to get a job here? And until then, can I still get hired by a Belgian company to work from Canada (I assume I can)? Is it not possible for me to start my own company in that waiting time?

Sincerely,
Maarten

1.  If you have lived together for 1 year you can go the c/law route, conjugal is almost impossible in your case as their is no impediment to marriage.
2.  No., the in-canada processing takes approximately a year all told so you would require an extension of your visitor status.
3.  The only way being hired by a Belgian company would work, is you are in the mangerial category and you had been employed for at least 1 year, and you are transferred to a managerial category in the Canadian operations.
4.  You can start your own company, but you can't work in it.

PMM

[lhunath]

My experience with the Belgian gouvernament has taught me that while immigrants have an open file concearning their immigration, they may continue to reside in the country, until the file has either been rejected or approved. My first guess would be that the same system is in effect in Canada. Can you with certainty confirm that this is not the case? If you cannot be certain, I'd like to make sure before I spend 1000$ on plane tickets.

Concearning the 'impediment to marriage', and that it would be unlikely for me to succeed in the conjugal request; me and my girlfriend have been living with my parents in Belgium, and with her sister here in Canada. That means, there are nearly no common bills to use as testimony for common law. Also, I am not all too eager to marry her quickly, just for the sake of immigration. I feel it just isn't the right reason - although reasons are relative. Eearlier, you said the processing time would lay somewhere between 3-9 months if the request had been made from outside of Canada. Does that mean I can authorize my parents back in Belgium to make this request for me with the Canadian consulate in Brussels, Belgium? Or possibly make this request with a Consulate from within the United States (where my girlfriends' parents reside)?

I am also wondering whether the processing time for a PR application when sponsored by a Spouse rather than through a Conjugal Relationship is any shorter?

Lastly, am I allowed to start a 'Belgian' company while residing in Canada, and work there as a Belgian citizen paying Belgian taxes (ea. having nothing to do/report to Canadian officials)? Or is such activity illegal? In essence, when I reside on Canadian ground, am I, or am I not, allowed to perform payed 'work', when the company I am employed with is not Canadian, and when I have no Canadian work permit/license?

[PMM]

Hi

My experience with the Belgian gouvernament has taught me that while immigrants have an open file concearning their immigration, they may continue to reside in the country, until the file has either been rejected or approved. My first guess would be that the same system is in effect in Canada. Can you with certainty confirm that this is not the case? If you cannot be certain, I'd like to make sure before I spend 1000$ on plane tickets.

Concearning the 'impediment to marriage', and that it would be unlikely for me to succeed in the conjugal request; me and my girlfriend have been living with my parents in Belgium, and with her sister here in Canada. That means, there are nearly no common bills to use as testimony for common law. Also, I am not all too eager to marry her quickly, just for the sake of immigration. I feel it just isn't the right reason - although reasons are relative. Eearlier, you said the processing time would lay somewhere between 3-9 months if the request had been made from outside of Canada. Does that mean I can authorize my parents back in Belgium to make this request for me with the Canadian consulate in Brussels, Belgium? Or possibly make this request with a Consulate from within the United States (where my girlfriends' parents reside)?

I am also wondering whether the processing time for a PR application when sponsored by a Spouse rather than through a Conjugal Relationship is any shorter?

Lastly, am I allowed to start a 'Belgian' company while residing in Canada, and work there as a Belgian citizen paying Belgian taxes (ea. having nothing to do/report to Canadian officials)? Or is such activity illegal? In essence, when I reside on Canadian ground, am I, or am I not, allowed to perform payed 'work', when the company I am employed with is not Canadian, and when I have no Canadian work permit/license?

1.  Belgium and Canada have very different Immigration laws, if you apply in Canada as conjugal, as I said before you have no impediment to marriage, then is likely that you will be refused.  Your decision.
2.  If the there is an application in process, you must maintain your visitor status.
3.  From your questions it appears that you have not read the information on the offical site www.cic.gc.ca.  Your spouse has to submit the application to Mississagua with your application and the supporting documents, medical, criminal records checks etc.  If it is being processed abroad, the Mississagua then sends the application to Paris, where if an interview is required, thats where it would be held.  As you were not admitted to Canada for 1 year, you cannot apply to the Buffalo office.
4.  If you go the in-canada route, the package is sent to Vegreville.
5.  Spousal applications are usually shorter.
6.  You cannot earn any income from Canadian sources without a work permit.

PMM

[lhunath]

I am somewhat confused by the following policy change:
http://www.cic.gc.ca/english/sponsor/faq-spouse.html#Q1

I don't want to sound like I keep fighting to get my right, but does this policy change mean that since Feb 18, 2005, after applying, but before the application has been completely processed, I can remain in Canada nonetheless?

As a final note, I'd like to thank you sincerely for sharing your knowledge with me. I must admit I've come to a far greater understanding of my options. I regret, however, that finding a Canadian official to oversee my situation with is a very difficult and nearly impossible thing. I may not have been looking in the right place, but all the help I could find were attourneys.

Sincerely,
M