Advice Needed - Wanting USA BF/Future Fiance To Move & Work Here

[RedAri]

Hi. Can I please get some advice on what we can do in our situation? Currently, I am a legal Canadian citizen in a legal seperation situation & my two teenagers live with me. My boyfriend lives in the USA & we desperately want to be together. However, my children do not want to leave their dad or high school & move to the States & my bf understands & is perfectly willing to move up with us.

However, he does not qualify for one of the skilled workers & profesional working immigration categories. I would be perfectly willing to have him live with us while he looks for a job. But, it is confusing whether he can live and work here legally. Also, it most likely will be only be until the kids go to college then I will be free to live either in the States or Canada. I was born in the States but was moved here as a child have Canadian citizenship status.

First, can he move here and live with us whenever & for how long legally? Does he have to apply to work in Canada? Is there any advice anyone can provide?

Also, I will be legally able to marry in July 2013. Do we have to wait til we get married & I apply for spousal sponsorship for us to possibly live together?

Thank you for any real help or advice anyone can provide.

 

[Leon]

Your boyfriend is not allowed to work in Canada without a work permit. As a visitor, he may not move to Canada but he may come visit you for up to 6 months at a time.

If his occupation falls under NAFTA, see http://www.canadavisa.com/nafta-temporary-work-permit-canada.html it is a bit easier for him to get a work permit because he just needs a job offer letter. If not, he will have to find an employer who is willing to apply for a labour market opinion (LMO) from Service Canada. To qualify for the LMO, the employer has to show that they advertised the job and found no Canadian or PR who was interested and yet they are offering market wage for the job. If the employer gets the LMO, your bf can apply for a work permit. The work permit would allow him to move to Canada and live in Canada until it expires, regardless of if he keeps the job or not. However, it only allows him to work for that particular employer in that particular position/location. If he wants a new job, he needs a new LMO and a new work permit.

Once you have lived with him for 12 months, you could sponsor him for PR as your common law partner or you can marry him in July next year and sponsor him for PR as your husband.

 

[RedAri]

Thank you your response Leon. What about sponsoring him as a conjugal partner? Do you think that could be a possibility? Thanks for your time an knowledge.

 

[Leon]

Applying as conjugal partners is usually a waste of time for straight couples with no immigration barriers. It is there for people who are in the situation that they are barred from getting married, maybe because they live in a country where it is impossible to get a divorce or because they are same sex and they live somewhere they are not allowed to marry and they have some barrier preventing them from living together for 12 months to qualify as common law, say the one outside Canada is unable to get a visa to come to Canada.

You are able to get a divorce. Just means you have to wait a few months and your boyfriend is able to come as a visitor and live with you because he is visa exempt. You do not really have the compelling reasons needed to apply as conjugal partners. Sure you can try it but it will probably be a waste of time for you.