Applying for PR card/getting PR status

[zebatov]

Hey. I just want to start out by saying that I am a Canadian citizen, and I can't believe how ridiculous the application process is for Canadian visas. I think half the trouble of getting into Canada is navigating the atrocious website. I don't understand why we can't call and speak to a human (immigration officer) on the telephone. Instead, we get a call-centre that seems to hire tired-of-life individuals who aren't really there to help with anything at all. They tell you the website contains all the information you'll need, but it really doesn't.

Quick back story:

I met my girlfriend here in Calgary. She is from Japan. She was on a one-year working holiday visa that she got around July 2014. She left the country in August 2015 for Japan. Then she went to New Zealand on their working holiday visa. As of this post she is still working there. She is a nurse, but her English is not one-hundred percent. Therefore, she works mainly at restaurants or clothing retailers. I am trying to get her back here permanently, but again, I can't believe the hassle it has been. For a country that allows so many people in every year, this hasn't been very much fun.

The few question I have (I searched the forums before making this post and couldn't get any results) are:

The website (CIC) says:

"Determine your eligibility — Permanent Resident Card
You can apply for a permanent resident card (PR card) if you:

- have permanent resident status,
- are in Canada,
- have not been asked by the Government of Canada to leave the country, and
- are not a Canadian citizen."

As mentioned, she is NOT in Canada, but she can fly here after I get definitive answers and she gives her two weeks notice at work. She has NOT been asked to leave Canada. She is NOT a Canadian citizen. I am aware that PR grants quite a few perks to non-citizens. It says you can apply for the PR card if you have permanent resident status. It does not go into detail as to what permanent resident status is, or how to get it. How does she get PR status? Can she apply for a PR card while on a simple visitor visa?

I am trying to find the fastest way to get her back here permanently because it's been five very trying months for the both of us and that's just simply too long to go without seeing each other.

She would like to know if (and how) she can apply for medical here in Alberta.

She has already been granted a working holiday visa for one year. The CIC website says:

"Eligibility requirements
No matter where you apply, you must:

- prove to an officer that you will leave Canada when your work permit expires,
- show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home,
- obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate),
- not be a danger to Canada’s security,
- be in good health and have a medical exam, if needed,
- not plan to work for an employer on the list of ineligible employers,
- not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages,
- not have worked in Canada for one or more periods that total four years after April 1, 2011 (with some exceptions), and
- give the officer any other documents they ask for to prove you can enter the country."

Her stay on that visa did not total four years, let alone anything more than one. Can she get another work visa? What things do we need for it if so?

I am aware that she will need an electronic travel authorisation after March 15th this year. So no worries there. If she can apply for PR on a simple visitor visa, then she will be coming before then.

Thanks in advance to anyone with helpful replies.

 

[Quink]

Your post deserves more of a reply than I'm about to give, but I've caught it as I'm heading to bed. I'll try to elaborate on it more tomorrow.

However first quick thing - forget about looking into the PR Card. That is purely the document that a Permanent Resident gets to prove their status. It comes automatically once you achieve this, so do no further reading into that. One less thing to be confused by.

On a basic level here's how it works. To get PR Status and become a permanent resident, your partner will need to apply for it. In order to apply for it, she will need to be eligible for it. There are a number of paths she can take, so your first step will be looking at all the options and seeing if one of them best fits her circumstances. I can go into more detail about that tomorrow unless someone else answers first.

If you just want to get her back to Canada, she can come as a visitor (easy), or with a work permit (sometimes easy, sometimes not). I think you said she already has one right now, but I might have misunderstood? Anyway, if she makes it here on a work permit (or visitor/study/whatever it takes) and you live together for 1 year you'll be in a common law relationship and you would be eligible to sponsor her for Permanent Residency. That's one possible path. Another thing you should look into is the provincial nominee programs if you don't want to commit to sponsorship - those are quite varied but each province should have their own website.

I hope my quick answer has helped somewhat. If any of that doesn't make sense I'll try to be more clear when I'm not so tired.

You've come to the right place though - back when I started my journey to PR I had NO idea what I was doing, and this forum helped me get through the process. There's a lot of fantastic knowledge here.

Good luck!

 

[scylla]

As explained above, she don't qualify for a PR card. Only permanent residents qualify for PR cards. She isn't a permanent resident.

If she wants to immigrate to Canada then she needs to apply to become a permanent resident. There are a number of different ways to go that which are listed here: http://www.cic.gc.ca/english/immigrate/apply.asp

Easiest way for her to get PR status would be to be sponsored by you. In order for that to be possible, you must be either married or common law (common law means you have lived together continuously for at least one full year and can prove it).

 

[zebatov]

She is in New Zealand on a work visa. She has had a work visa in Canada prior to that. So I was wondering if she can apply for another one if she has already had one. Her visa in Canada was a working holiday visa. I posted the eligibility requirements directly from the CIC website. It doesn't look like there would be anything preventing her from obtaining another one, but I just wanted to make sure.

If she can't apply for and obtain another work visa based on her already having had one, is it possible for her to get a six month visitor visa, with a six month extension, and have it count towards the one year we need before we can apply for common-law? She would be living with me for the duration.

The problem is is that I don't really make enough money right now to support myself and another person. I'd have to cut food in half (not that she eats a lot) and it would be a really long year for both of us. But I would do it to have her back here again, if needed.

Also, I read in posts in these forums that if she applies for a student visa, I would have to pay for her tuition/fees (unless she could). Is there truth to that? They don't give loans or grants to people on these visas?

Thank you both for your replies. I hope to get everything sorted out as soon as possible.

 

[MilesAway]

She is not eligible for another working holiday visa.

Note: As a Japanese citizen, you may participate in IEC only once.

She could enter as a visitor and extend her stay in order to become common-law.

In order to be approved for a student visa, she would need to prove sufficient funds to cover the tuition costs, which are really high for international students. There aren't very many grants available to foreign students.

 

[scylla]

First an ask - if you can avoid bolding certain parts of your post in the future, that would be great. Makes it more difficult to read.

Agreed with what MilesAway said. Additionally: If she comes to Canada via the visitor route, she will not be able to work (so you would have to support her fully) and she also won't qualify for any sort of health care (so she should take out insurance to cover emergencies).

Foreign students are expected to pay their own way (for reasons that should be obvious, scholarships are generally reserved for Canadians). Keep in mind she will be paying foreign tuition rates which are substantially higher than the domestic tuition fees you would pay. If she doesn't have sufficient funds, she can take try to out a loan in her home country to cover her education. She will not qualify for a loan in Canada. She would most likely have to show a minimum of $25K in available funds + loans just to be approved for a study permit. She will also have to demonstrate that the education she plans to take in Canada makes sense in light of her previous education and experience.

 

[zebatov]

Are there not other types of work visas? I didn't mean specifically the working holiday visa (which allows her to work anywhere). If she had an offer from a company, could she not get a regular work visa? Why does it seem to be that Japanese citizens do not have it as easy as citizens of other countries to get in?

As I mentioned, she is a nurse. Can she apply for the caregiver visa? She can take care of people. She just doesn't want to work in a hospital setting.

I bold the portions of the post that are important, so you know to pay attention to them. It shouldn't make it harder to read, but I apologise if for some reason it does.

 

[Alurra71]

Are there not other types of work visas? I didn't mean specifically the working holiday visa (which allows her to work anywhere). If she had an offer from a company, could she not get a regular work visa? Why does it seem to be that Japanese citizens do not have it as easy as citizens of other countries to get in?

I bold the portions of the post that are important, so you know to pay attention to them. It shouldn't make it harder to read, but I apologise if for some reason it does.

Provided she flies before March 15 (when eTA kicks in), she doesn't even NEED a visa to enter Canada. How much easier would you like it to be?

 

[Quink]

Just thinking outside the box here...

In order to be in a common law relationship you need to live together at the same address in a legitimate relationship. However this doesn't actually have to be in Canada; it can be anywhere in the world. All that matters is whether you can prove it - if you're not in Canada you're going to want extra evidence like joint bank accounts, having both your names on a lease, etc. Take lots of photos of yourselves together. Book flights together and keep the tickets. Things like that.

So if you're having trouble finding a way to get her to Canada immediately, you could see if you both qualify for a work permit in a different country. Live together for a year, then start the PR sponsorship process and move back to Canada later. You get to be together straight away, and you don't have to financially support her while you wait.

As for which countries - that's outside the scope of this forum... but something to think about at least...

 

[zebatov]

Provided she flies before March 15 (when eTA kicks in), she doesn't even NEED a visa to enter Canada. How much easier would you like it to be?

I said I can't afford to take care of her for the year while she sits on a visitor visa. I mean, she has some money, but she would have to pitch on rent and I'm not sure how much she has exactly. I may be getting a better job soon (just found out a few hours ago) so maybe that won't matter. The problem is not getting her into Canada. The problem is getting her into Canada where she can work legally. I could find her cash jobs easily, but I won't risk our relationship like that.

Just thinking outside the box here...

In order to be in a common law relationship you need to live together at the same address in a legitimate relationship. However this doesn't actually have to be in Canada; it can be anywhere in the world. All that matters is whether you can prove it - if you're not in Canada you're going to want extra evidence like joint bank accounts, having both your names on a lease, etc. Take lots of photos of yourselves together. Book flights together and keep the tickets. Things like that.

So if you're having trouble finding a way to get her to Canada immediately, you could see if you both qualify for a work permit in a different country. Live together for a year, then start the PR sponsorship process and move back to Canada later. You get to be together straight away, and you don't have to financially support her while you wait.

As for which countries - that's outside the scope of this forum... but something to think about at least...

It could be an option... but this is not my home province. I have a lot of belongings here and I would either have to pay rent to keep my stuff stored in my room while I was away (plus rent in whatever country I was in) find storage and have it moved after I just moved in two months ago, or send it back home to BC for my mom to deal with. Not to mention I wouldn't have a place to move into in this area when I came back. It's hard to find places that will allow couples, without a $1500 price tag. It is a decent idea though.

Can someone explain to me what the purpose of this electronic travel authorisation thing is?

 

[Quink]

It could be an option... but this is not my home province. I have a lot of belongings here and I would either have to pay rent to keep my stuff stored in my room while I was away (plus rent in whatever country I was in) find storage and have it moved after I just moved in two months ago, or send it back home to BC for my mom to deal with. Not to mention I wouldn't have a place to move into in this area when I came back. It's hard to find places that will allow couples, without a $1500 price tag. It is a decent idea though.

Oh, yeah it'll be expensive and difficult and will flip your life upside down. If she's the one though, and it's the only option, it won't be so bad.

Speaking of that... if you're going to go through this much trouble, you could consider just marrying her now. That's got a whole host of other issues in proving it's not a scam marriage purely for the purpose of immigration though, and it's obviously a pretty huge life decision not to be taken lightly. If you do it for pure and honest reasons though, things will work themselves out...

 

[Leon]

Have her come over and visit, marry her and sponsor her. If you opt to sponsor her outland, she can return to outside Canada where she can legally work and make money and you will be separated again for several months (CIC says 17 months to process right now) or if she is committed to staying in Canada, you can sponsor her inland, and apply for an open work permit at the same time for which the processing time seems to be about 4 months. Up to you.

If you think marriage is too much of a commitment at this point, keep in mind that sponsorship is also a commitment. You would be responsible for her financially for 3 years after she gets her PR. If she is in an accident and becomes disabled and goes on benefits, you would have to refund the govt. for her benefits during that time. This even applies if you are no longer together.

 

[zebatov]

Oh, yeah it'll be expensive and difficult and will flip your life upside down. If she's the one though, and it's the only option, it won't be so bad.

Speaking of that... if you're going to go through this much trouble, you could consider just marrying her now. That's got a whole host of other issues in proving it's not a scam marriage purely for the purpose of immigration though, and it's obviously a pretty huge life decision not to be taken lightly. If you do it for pure and honest reasons though, things will work themselves out...

She wants me to meet her parents before we get married. I was saving to go to Japan before oil fell and everyone lost their jobs. She doesn't like the options we have here. I sent her the link to this thread. The process is really frustrating. It can't have always been this way.

Have her come over and visit, marry her and sponsor her. If you opt to sponsor her outland, she can return to outside Canada where she can legally work and make money and you will be separated again for several months (CIC says 17 months to process right now) or if she is committed to staying in Canada, you can sponsor her inland, and apply for an open work permit at the same time for which the processing time seems to be about 4 months. Up to you.

If you think marriage is too much of a commitment at this point, keep in mind that sponsorship is also a commitment. You would be responsible for her financially for 3 years after she gets her PR. If she is in an accident and becomes disabled and goes on benefits, you would have to refund the govt. for her benefits during that time. This even applies if you are no longer together.

She can work with her PR I thought. Are you talking specifically in the event of an accident?

 

[Leon]

She wants me to meet her parents before we get married. I was saving to go to Japan before oil fell and everyone lost their jobs. She doesn't like the options we have here. I sent her the link to this thread. The process is really frustrating. It can't have always been this way.

She can work with her PR I thought. Are you talking specifically in the event of an accident?

Oh, I am sure the process was always very frustrating but the processing times may have been shorter at some point.

I'm just saying that sponsorship is a commitment just like marriage. Yes, she can work with a PR but if she ends up unemployed and uses up her EI she can't apply for welfare and if she is unable to work because she gets in an accident or gets sick, same thing. You have to sponsor her for 3 years after she gets her PR.

 

[Quink]

The process is super frustrating, and we all know because you're speaking with people that went through it.

I never ran the numbers exactly, but my process cost me around $10,000 - $15,000 in lawyers fees, application fees, and other misc costs (photos, medicals, postage, etc). I had to stop working for 7 months at one stage, due to a delay in one application and my work permit expiring. I put in hundreds of hours of reading and researching. I've read legislation, forum posts, FAQ's. Asked tons of questions. Sorted the good answers from the bad. And my application would be considered "simple" compared to many!!!!!!!

I think you're on the right track, but set your expectations lower for how long this will take to figure out. You need to read and learn the process thoroughly, and that's going to take time. Learn to like it too, because getting frustrated will get you nowhere. The system is what it is, and the only way to beat it is to understand it. 8)