Ideas for living in Canada

[Naomi.]

Hello,
A few months ago, I planned on graduating with my bachelor's degree and working in the U.S., so I can qualify for the Express Entry as a skilled worker. However, we realized that this option will take a long time, since I would need to work in the U.S. for about a year and apply, which will take a couple of months as well. During this time I won't be able to visit my boyfriend for a long duration.

Information about me:

• U.S. citizen
• 22 years old
• Completed BBA in May 2019
• Never had a full time job

Information about my boyfriend:

• Canadian citizen
• 22 years old
• Finishing his BBA in December
• Is an entrepreneur in the mold making industry
• Lives with his parents

If there is any other information needed about us, feel free to ask.

There are some ideas that I thought about, but unsure if it will work:

1. Since my boyfriend lives next to U.S. borders, am I able to stay at his place and commute to work in the U.S.? I know that I can't actually live in Canada and going to the border every day is suspicious. Therefore, would obtaining a Nexus pass avoid any suspicions of me living in Canada? If so, how would I be able to explain my situation when applying for the pass?

2. I've been living with my boyfriend since June 2, 2019, but I'll be going home on November 27, 2019 to visit my family for the holidays, and to abide the 6 month vistor rule. I'm not sure when I will be heading back to Canada, but I'm planning on going back within a month or so.
A few questions I have about this method is:

• I've been a visitor for almost 6 months, and the border officers stamped my passport to leave by December 6, 2019. When is my next 6 month visitor status renewed? I've directly asked the border officers about how long I would have to stay in the U.S. in order to come back to Canada. The person wasn't sure about the answer because it's a gray area. I've heard from other people that they spend a day in the U.S. and come back to live in Canada to renew the visit. That method seems a bit illegal in my opinion, but again, I'm not sure because it's an unclear topic.
• How would I be able to extend my 6 month visitor stay? I've researched and saw that if I were to become a common law with my boyfriend, I'm able to live with him? I'm not too sure about this. My boyfriend resides in Ontario, and I saw that to become common law, I would need to reside with him for 3 years, but I see on the official Canada website, I would only need to live with him for a year. Is it 1 or 3 years to be common law in Ontario? Also, does this account for my boyfriend living with his parents? Since the house isn't owned by my boyfriend, and I'm actually living at his parents house but he lives in it as well, does this count towards us living together?

3. The last option I had in mind is applying for jobs in Ontario. Although I'm not too confident that this method will work considering I don't have much work experience, so who would want to provide me a work visa? I'm still willing to try and apply for jobs though! If I am hired, are all the work visa issues handled by the company, or do I have to take some steps prior to applying for jobs in Canada?

4. This is probably the last resort we would want to take, but we would simply just marry. We don't plan on marrying anytime soon, but if it's the only choice we have so that I'm able to live my boyfriend ASAP, then we'll do the paperwork. Then, my boyfriend will be able to sponsor me, and I understand it'll take a while for the application to process.

I'm not sure if any of these methods are viable, besides the last one. If anyone is able to provide any other options or recommendations to living with my boyfriend in Canada, I greatly appreciate it!

 

[canuck_in_uk]

Hello,
A few months ago, I planned on graduating with my bachelor's degree and working in the U.S., so I can qualify for the Express Entry as a skilled worker. However, we realized that this option will take a long time, since I would need to work in the U.S. for about a year and apply, which will take a couple of months as well. During this time I won't be able to visit my boyfriend for a long duration.

Information about me:

• U.S. citizen
• 22 years old
• Completed BBA in May 2019
• Never had a full time job

Information about my boyfriend:

• Canadian citizen
• 22 years old
• Finishing his BBA in December
• Is an entrepreneur in the mold making industry
• Lives with his parents

If there is any other information needed about us, feel free to ask.

There are some ideas that I thought about, but unsure if it will work:

1. Since my boyfriend lives next to U.S. borders, am I able to stay at his place and commute to work in the U.S.? I know that I can't actually live in Canada and going to the border every day is suspicious. Therefore, would obtaining a Nexus pass avoid any suspicions of me living in Canada? If so, how would I be able to explain my situation when applying for the pass?

2. I've been living with my boyfriend since June 2, 2019, but I'll be going home on November 27, 2019 to visit my family for the holidays, and to abide the 6 month vistor rule. I'm not sure when I will be heading back to Canada, but I'm planning on going back within a month or so.
A few questions I have about this method is:

• I've been a visitor for almost 6 months, and the border officers stamped my passport to leave by December 6, 2019. When is my next 6 month visitor status renewed? I've directly asked the border officers about how long I would have to stay in the U.S. in order to come back to Canada. The person wasn't sure about the answer because it's a gray area. I've heard from other people that they spend a day in the U.S. and come back to live in Canada to renew the visit. That method seems a bit illegal in my opinion, but again, I'm not sure because it's an unclear topic.
• How would I be able to extend my 6 month visitor stay? I've researched and saw that if I were to become a common law with my boyfriend, I'm able to live with him? I'm not too sure about this. My boyfriend resides in Ontario, and I saw that to become common law, I would need to reside with him for 3 years, but I see on the official Canada website, I would only need to live with him for a year. Is it 1 or 3 years to be common law in Ontario? Also, does this account for my boyfriend living with his parents? Since the house isn't owned by my boyfriend, and I'm actually living at his parents house but he lives in it as well, does this count towards us living together?

3. The last option I had in mind is applying for jobs in Ontario. Although I'm not too confident that this method will work considering I don't have much work experience, so who would want to provide me a work visa? I'm still willing to try and apply for jobs though! If I am hired, are all the work visa issues handled by the company, or do I have to take some steps prior to applying for jobs in Canada?

4. This is probably the last resort we would want to take, but we would simply just marry. We don't plan on marrying anytime soon, but if it's the only choice we have so that I'm able to live my boyfriend ASAP, then we'll do the paperwork. Then, my boyfriend will be able to sponsor me, and I understand it'll take a while for the application to process.

I'm not sure if any of these methods are viable, besides the last one. If anyone is able to provide any other options or recommendations to living with my boyfriend in Canada, I greatly appreciate it!

1. No. You would eventually be refused by CBSA for living in Canada as a visitor and possibly even issued a 1 year Exclusion Order. CBSA doesn't like visitors living in Canada. Having a Nexus pass doesn't change that.

2. I don't know what you mean by "next 6 month visitor status renewed". There is no set time you have to spend in the US, as it all depends on the officer at entry. Going to the US for a day and returning is not smart, as the risk of refusal increases.

You can apply to extend your stay online. Becoming common-law doesn't allow you to live in Canada. It qualifies you to apply for sponsorship. You would need one year of continuous cohabitation and be able to prove it to become common-law. Note that if you leave for a month, that one year will reset. Immigration is federal, so Ontario's rules are irrelevant. Living with him at his parents' house counts.

3. Unless you qualify under NAFTA, an employer would need a positive LMIA to hire you. The LMIA process is long and expensive, so expect that it will be next to impossible to find such an employer.

4. It's your fastest option.

 

[Naomi.]

1. No. You would eventually be refused by CBSA for living in Canada as a visitor and possibly even issued a 1 year Exclusion Order. CBSA doesn't like visitors living in Canada. Having a Nexus pass doesn't change that.

2. I don't know what you mean by "next 6 month visitor status renewed". There is no set time you have to spend in the US, as it all depends on the officer at entry. Going to the US for a day and returning is not smart, as the risk of refusal increases.

You can apply to extend your stay online. Becoming common-law doesn't allow you to live in Canada. It qualifies you to apply for sponsorship. You would need one year of continuous cohabitation and be able to prove it to become common-law. Note that if you leave for a month, that one year will reset. Immigration is federal, so Ontario's rules are irrelevant. Living with him at his parents' house counts.

3. Unless you qualify under NAFTA, an employer would need a positive LMIA to hire you. The LMIA process is long and expensive, so expect that it will be next to impossible to find such an employer.

4. It's your fastest option.

Thank you for your response!

I want to ask some more questions now that I know what options I have. Sorry please bear with me as I'm still learning about the whole immigration process!

1. If I were to apply for marriage, I know that I would have to wait for the application and sponsorship to process. However, I've been told that I would receive some type of temporary marriage permit that allows me to live with my boyfriend for the time being. Is this true?

2. I have 3 different scenarios relating to purchasing a house in Canada.

1. If my boyfriend's parents were to buy a house in Canada gift/transfer ownership in any way, would I be able to reside in Canada past the 6 month visitor rule?
2. The same situation as above, but instead of my boyfriend's parents purchasing the house, it would solely be my boyfriend.
3. If I were to purchase a house in Canada, does that allow me to live in it over the 6 month limit?

3. I majored in supply chain management with a minor in finance. I've searched jobs that is under NAFTA, and I didn't see it under there. So I'm assuming I don't qualify for NAFTA?

4. I was wondering if common law and marriage are the only options I have left. Is there any way to go about this?

 

[canuck_in_uk]

Thank you for your response!

I want to ask some more questions now that I know what options I have. Sorry please bear with me as I'm still learning about the whole immigration process!

1. If I were to apply for marriage, I know that I would have to wait for the application and sponsorship to process. However, I've been told that I would receive some type of temporary marriage permit that allows me to live with my boyfriend for the time being. Is this true?

2. I have 3 different scenarios relating to purchasing a house in Canada.

1. If my boyfriend's parents were to buy a house in Canada gift/transfer ownership in any way, would I be able to reside in Canada past the 6 month visitor rule?
2. The same situation as above, but instead of my boyfriend's parents purchasing the house, it would solely be my boyfriend.
3. If I were to purchase a house in Canada, does that allow me to live in it over the 6 month limit?

3. I majored in supply chain management with a minor in finance. I've searched jobs that is under NAFTA, and I didn't see it under there. So I'm assuming I don't qualify for NAFTA?

4. I was wondering if common law and marriage are the only options I have left. Is there any way to go about this?

1. No, you don't get anything by marrying him. You need to maintain your status. You can apply inland with an OWP or you can apply to extend your visitor status.

2. Owning a house gives you zero right to live in Canada.

3. Correct.

4. Pretty much. Either become common-law or get married.

 

[Naomi.]

1. No, you don't get anything by marrying him. You need to maintain your status. You can apply inland with an OWP or you can apply to extend your visitor status.

2. Owning a house gives you zero right to live in Canada.

3. Correct.

4. Pretty much. Either become common-law or get married.

I see... so not much options I can take besides marriage . We won't exactly consider applying for common law now that we learned that marriage is a faster process based on our situation.

For now, the next course of action I plan on taking is applying for jobs near my boyfriend's location. Although the chances of companies hiring me seems unlikely, I won't know unless I try!

I don't have any questions at the moment, but if I come up with any, would it be okay if I message you? Thank you so much for your help!

 

[k.h.p.]

I see... so not much options I can take besides marriage . We won't exactly consider applying for common law now that we learned that marriage is a faster process based on our situation.

For now, the next course of action I plan on taking is applying for jobs near my boyfriend's location. Although the chances of companies hiring me seems unlikely, I won't know unless I try!

I don't have any questions at the moment, but if I come up with any, would it be okay if I message you? Thank you so much for your help!

You can't apply for jobs in Canada or take them up unless you have a work permit.

If you are thinking about applying for jobs in the US, you can, but as discussed above you will eventually have issues at the border and possibly be refused entry if you are commuting daily as a visitor.

 

[Naomi.]

You can't apply for jobs in Canada or take them up unless you have a work permit.

If you are thinking about applying for jobs in the US, you can, but as discussed above you will eventually have issues at the border and possibly be refused entry if you are commuting daily as a visitor.

Yes, I was thinking about applying for jobs in the U.S., but now that I've learned that a Nexus pass cannot reduce the chances of me having issues at the border, I won't take my chances with that option.

For the work permit, am I supposed to have one prior to receiving a job offer? I thought the employer would need to have a positive LMIA, so that they are able to hire me, or would I still need a work permit for that?

 

[k.h.p.]

You can certainly apply for jobs without a permit, but because an LMIA costs employers at least $1200 and 4-6 months processing, very few employers are willing to try to apply for them.

Employers must also provide proof they advertised the job and found no Canadians. It's quite a process.

 

[canuck_in_uk]

You can't apply for jobs in Canada or take them up unless you have a work permit.

If you are thinking about applying for jobs in the US, you can, but as discussed above you will eventually have issues at the border and possibly be refused entry if you are commuting daily as a visitor.

A person can apply for jobs without a work permit.

 

[canuck_in_uk]

Yes, I was thinking about applying for jobs in the U.S., but now that I've learned that a Nexus pass cannot reduce the chances of me having issues at the border, I won't take my chances with that option.

For the work permit, am I supposed to have one prior to receiving a job offer? I thought the employer would need to have a positive LMIA, so that they are able to hire me, or would I still need a work permit for that?

Yes, you need the job offer and accompanying LMIA in order to apply for a work permit. As I said, don't expect much success through this route.

 

[Naomi.]

You can certainly apply for jobs without a permit, but because an LMIA costs employers at least $1200 and 4-6 months processing, very few employers are willing to try to apply for them.

Employers must also provide proof they advertised the job and found no Canadians. It's quite a process.

Thank you for your input! I didn't expect the LMIA process to take that long. So I'm reconsidering my options.

Yes, you need the job offer and accompanying LMIA in order to apply for a work permit. As I said, don't expect much success through this route.

Yes, I was planning on going back to the U.S. and waiting for the status of my job application. However, waiting for an unlikely response while I'm living in the U.S. doesn't seem like a good choice as I'll be wasting my 5/12 months to apply for common law.

After discussing this issue with my boyfriend, we would prefer not to be married this early. Therefore, we are now considering common law.

A couple questions we have about common law is:
1. Just to confirm, common law in Ontario is only 1 year of continuous cohabitation?
2. Is it difficult to prove our 1 year of living together? We don't take much pictures together because he hates taking pictures .
3. As I mentioned before, I'll be going back to the U.S. for the holidays and I'll be staying there for a while. How many days do I have before the cohabitation timer gets reset? Exactly 30 days?
4. Would I need to apply for an extended stay if I'm going back to the U.S and coming back to Canada in about 2-3 weeks?
5. Is it very likely that the sponsorship will go through once we become common law? How long would the process take?

 

[canuck78]

Thank you for your input! I didn't expect the LMIA process to take that long. So I'm reconsidering my options.



Yes, I was planning on going back to the U.S. and waiting for the status of my job application. However, waiting for an unlikely response while I'm living in the U.S. doesn't seem like a good choice as I'll be wasting my 5/12 months to apply for common law.

After discussing this issue with my boyfriend, we would prefer not to be married this early. Therefore, we are now considering common law.

A couple questions we have about common law is:
1. Just to confirm, common law in Ontario is only 1 year of continuous cohabitation?
2. Is it difficult to prove our 1 year of living together? We don't take much pictures together because he hates taking pictures .
3. As I mentioned before, I'll be going back to the U.S. for the holidays and I'll be staying there for a while. How many days do I have before the cohabitation timer gets reset? Exactly 30 days?
4. Would I need to apply for an extended stay if I'm going back to the U.S and coming back to Canada in about 2-3 weeks?
5. Is it very likely that the sponsorship will go through once we become common law? How long would the process take?

You and your boyfriend should realize that the legal and tax implications are similar for common law. Being common law or sponsoring someone is also quite a lot of responsibility and liability.

 

[k.h.p.]

The full term for common law is "common law married" - it means you are married by common law. It carries exactly the same responsibility as being married in law, and the same outcomes.

 

[canuck_in_uk]

Thank you for your input! I didn't expect the LMIA process to take that long. So I'm reconsidering my options.



Yes, I was planning on going back to the U.S. and waiting for the status of my job application. However, waiting for an unlikely response while I'm living in the U.S. doesn't seem like a good choice as I'll be wasting my 5/12 months to apply for common law.

After discussing this issue with my boyfriend, we would prefer not to be married this early. Therefore, we are now considering common law.

A couple questions we have about common law is:
1. Just to confirm, common law in Ontario is only 1 year of continuous cohabitation?
2. Is it difficult to prove our 1 year of living together? We don't take much pictures together because he hates taking pictures .
3. As I mentioned before, I'll be going back to the U.S. for the holidays and I'll be staying there for a while. How many days do I have before the cohabitation timer gets reset? Exactly 30 days?
4. Would I need to apply for an extended stay if I'm going back to the U.S and coming back to Canada in about 2-3 weeks?
5. Is it very likely that the sponsorship will go through once we become common law? How long would the process take?

1. As I said, Ontario's rules are irrelevant. Immigration is federal and common-law is one year.

2. Pictures aren't common-law proof. You need address proofs showing you both at the same address for at least one year. Mail, bank/credit card statements, payslips, government documents, shipping invoices, etc.

3. There is no set time. The advice is to keep it to 2 weeks. Longer than that and the VO may decide it is a break in the one year.

4. If your stay is going to expire before you leave, yes, you need to apply for an extension. If you are leaving before expiry, no.

5. If you have solid common-law proofs and meet the requirements, you will be approved. Posted processing time is a year but American apps are generally done in around 6 months.

 

[Naomi.]

The full term for common law is "common law married" - it means you are married by common law. It carries exactly the same responsibility as being married in law, and the same outcomes.

Thanks again for the knowledge and your input!

1. As I said, Ontario's rules are irrelevant. Immigration is federal and common-law is one year.

2. Pictures aren't common-law proof. You need address proofs showing you both at the same address for at least one year. Mail, bank/credit card statements, payslips, government documents, shipping invoices, etc.

3. There is no set time. The advice is to keep it to 2 weeks. Longer than that and the VO may decide it is a break in the one year.

4. If your stay is going to expire before you leave, yes, you need to apply for an extension. If you are leaving before expiry, no.

5. If you have solid common-law proofs and meet the requirements, you will be approved. Posted processing time is a year but American apps are generally done in around 6 months.

So I'm assuming my airplane ticket is insufficient proof of me living with my boyfriend?
The only thing I have is a gym membership and an indoor trampoline park I signed under his address.

I don't have any of the proofs you stated considering I'm just staying as a visitor, so I've never applied for any mailing or bank/credit card statements. I don't qualify for any payslips, since I can't work. Not sure about the rest.

So does this mean that I'm unable to prove that I've been living at his place for a year?