Can I get a work permit if my girlfriend is Canadian and a student?

[matty1984]

I am currently here in Canada as a British national and I am living with my girlfriend who is a Canadian. She is studying at the U of A and I was wondering what the conditions of common law are as I am ultimately looking to get a job here. I understand that at the moment for me to get a job I would need to get a company to secure a positive LMO and give me a job offer so I can then run down to the border and get a work permit upon entering Canada again. The problem with this is that after many interviews it seems that lots of employers need someone now and don't consider me even though I am a perfect fit for the job (experience/skill set etc).

I have heard there are some ways of using common law to my advantage but I am unsure where to start with it and how it would help me. I am going to have to leave the country if I don't get any work sorted by December so that is why I am looking down that route now. Any information would be helpful.

M

 

[Leon]

I am currently here in Canada as a British national and I am living with my girlfriend who is a Canadian. She is studying at the U of A and I was wondering what the conditions of common law are as I am ultimately looking to get a job here. I understand that at the moment for me to get a job I would need to get a company to secure a positive LMO and give me a job offer so I can then run down to the border and get a work permit upon entering Canada again. The problem with this is that after many interviews it seems that lots of employers need someone now and don't consider me even though I am a perfect fit for the job (experience/skill set etc).

I have heard there are some ways of using common law to my advantage but I am unsure where to start with it and how it would help me. I am going to have to leave the country if I don't get any work sorted by December so that is why I am looking down that route now. Any information would be helpful.

M

For common law, you must have lived together for at least 12 months. If you have, your girlfriend can sponsor you for PR. If you get married, she could sponsor you right away even if you don't have 12 months. If you apply inland, you may get an open work permit after around 10 months but you can not leave Canada during your application process. If you apply outland through London, you may have your PR already in 10 months and would not need a work permit any more.

Another option to get a work permit would be to look into a working holiday visa if you are eligible.

The reason many employers do not want to apply for an LMO is both because they want someone right away as well as they know they will not be granted an LMO unless they can prove that they have advertised and found no qualified Canadians so if they do not think they will get it, they do not want to go through the hassle of trying.

 

[ruthevans41]

Rather than living 12 months together, to get married is the best option.

 

[matty1984]

For common law, you must have lived together for at least 12 months. If you have, your girlfriend can sponsor you for PR. If you get married, she could sponsor you right away even if you don't have 12 months. If you apply inland, you may get an open work permit after around 10 months but you can not leave Canada during your application process. If you apply outland through London, you may have your PR already in 10 months and would not need a work permit any more.

Another option to get a work permit would be to look into a working holiday visa if you are eligible.

The reason many employers do not want to apply for an LMO is both because they want someone right away as well as they know they will not be granted an LMO unless they can prove that they have advertised and found no qualified Canadians so if they do not think they will get it, they do not want to go through the hassle of trying.

Thanks Leon. I am a little unsure of what you meant by the 10 months duration when applying for PR within Canada and outside Canada in London. Do you mean if I was to apply for PR inside Canada then I would need to wait 10 months for processing? With applying in London do you mean that it is possible I would be able to get the PR straight away or it will also take 10 months?

Please clarify.

Thanks again.

 

[scylla]

Thanks Leon. I am a little unsure of what you meant by the 10 months duration when applying for PR within Canada and outside Canada in London. Do you mean if I was to apply for PR inside Canada then I would need to wait 10 months for processing? With applying in London do you mean that it is possible I would be able to get the PR straight away or it will also take 10 months?

Please clarify.

Thanks again.

There are two ways you can apply (once you are either married or common law) - inland and outland.

The inland process consists of two stages. Stage 1 currently takes around 10 months and once it's complete - you qualify for an open work permit. The length of stage 2 varies. I believe the officially posted time is 8 months.

The outland process also consists of two stages. Stage 1 (Mississauga) currently takes 23 days: http://www.cic.gc.ca/english/information/times/perm-fc.asp While stage 2 (London) will likely take less than 10 months (the offically posted time is 10 months but many get through in less time): http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#europe There is NO open work permit offered if you apply outland.