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loulou1004

Newbie
Oct 15, 2014
3
0
Hello

My boyfriend and I have been together for 6 months, I am a Canadian Citizen and he is U.S. He had been working throughout Ontario and Quebec for a U.S. company summer 2014 but it is seasonal work which is how we started dating, he is now looking to extend with a Visa or something but we are unsure where to start.

He has opportunity for a few jobs and sponsors that would like to sign for him to stay in Canada, but we have no idea what we need to begin this process and what forms. He has been traveling back and forth between 7 hours between borders at times, but wants to be able to get advice, paperwork started, job opportunities etc as he will have the opportunity again in the spring with the seasonal work with the same company to work in Ontario again.

Please help with any comments, advice, costs, forms, anything at all is greatly appreciated!

Thank you!
 
The first (and most difficult) step is for an employer in Canada to obtain an approved LMIA which will give them permission to hire him. Note that the job must be full time and he'll only be able to work for one employer in Canada. Once his future employer has an approved LMIA, then he apply for a work permit and possibly also apply to immigrate.

Note that it is his employer who must obtain the approved LMIA - not him.
 
Ok thank you!

Just to be clear, there is nothing that could allow him to work on a permit for any open job he is offered?

We just want to explore all options even if he weren't to work until he was with the U.S. company again here in the summer. We just wanted to be clear on how long he could visit for and not have issues regardless, because its not too horribly far compared to some in this situation he wants to visit as long as possible in between stays. :D
 
loulou1004 said:
Just to be clear, there is nothing that could allow him to work on a permit for any open job he is offered?

Just 2 options for that:
1. See if he qualifies for SWAP program. http://www.swap.ca/in_eng/us_index.aspx
2. See if the job he wants to get qualifies under one of the NAFTA-qualified professions. http://www.canadavisa.com/nafta-work-permits.html
 
There is such a thing as an open work permit that would allow him to work for any employer - but he doesn't qualify for an open work permit based on the information you've provided. Here are the scenarios where an open work permit is possibe:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

Note that for him to qualify for an open work permit under the spouse or common law class mentioned in the link above - you would first either have to live together for a full year to become common law or get married, you would then have to submit an inland sponsorship application to sponsor him for PR. Once this application has first stage approval (around 13 months after the application is submitted), he would then qualify for the OWP.
 
Rob_TO said:
Just 2 options for that:
1. See if he qualifies for SWAP program. http://www.swap.ca/in_eng/us_index.aspx
2. See if the job he wants to get qualifies under one of the NAFTA-qualified professions. http://www.canadavisa.com/nafta-work-permits.html

1. I doubt he qualifies for SWAP since this visa requires someone to be in school or have just finished school and he's already working.
2. He still can't get an open work permit under NAFTA. Qualifying under NAFTA will just let him skip the LMIA step. But he'll still need a full time job offer from a specific employer in Canada and the work permit he'll be issued will still be a closed work permit tied to one specific employer (that won't allow him to work for other employers).
 
scylla said:
2. He still can't get an open work permit under NAFTA. Qualifying under NAFTA will just let him skip the LMIA step. But he'll still need a full time job offer from a specific employer in Canada and the work permit he'll be issued will still be a closed work permit tied to one specific employer (that won't allow him to work for other employers).

Right, but if his profession in general qualifies under NAFTA, it would be a heck of a lot easier to jump from company to company (within his profession), since you eliminate the LMIA process which is basically 99% of the problem.