Common Law/Work Visa Questions

[GreenArrow]

My boyfriend is looking on immigrating to Canada, he is 19 and I am 17 (and a Canadian Citizen) and I have a few questions.

1. With being a Common-Law, I understand you must first live with the person for at least one year. The US Passport only allows 6 months entry into Canada, and then after that you may apply for an extended stay for $100. How many times are you able to extend your stay in Canada, or is it a one time thing?

2. Once you have applied for PR (say it's Common-law), would my boyfriend be allowed to stay in Canada as the application is processed? Or would he have to be in the US when he applies?

3. I have talked with the company I am currently working at, and my boss has said that he is more than willing to guarantee my boyfriend a job when he is able to get to Canada (and is allowed to work). But he is not willing to fill out all the paperwork and pay any fees that would be needed (he says he does not have the time for that). Is there anyway that we can get my boss to just write a letter saying my boyfriend is guaranteed a job once in Canada, no matter what, but then fill out all the paper work our selves and pay any fees needed? Or does Canada require the business to pay the fees and fill out the paperwork needed?

Thank you so much for your time. Feel free to ask me any questions if need be!

 

[Rob_TO]

1. With being a Common-Law, I understand you must first live with the person for at least one year. The US Passport only allows 6 months entry into Canada, and then after that you may apply for an extended stay for $100. How many times are you able to extend your stay in Canada, or is it a one time thing?

You can apply for extensions as often as you want. It's up to CIC if they grant each extension. Often they grant extensions for 12 months.
Or you can leave/re-enter Canada and that will also reset visitor status.

2. Once you have applied for PR (say it's Common-law), would my boyfriend be allowed to stay in Canada as the application is processed? Or would he have to be in the US when he applies?

Once you reach 12 months cohabitation, and you are 18 years old, then you can apply to sponsor him for PR. If you do an OUTLAND application (recommended for US citizens) then he can remain in Canada during the processing time, he just needs to continue maintaining his valid visitor status here.

3. I have talked with the company I am currently working at, and my boss has said that he is more than willing to guarantee my boyfriend a job when he is able to get to Canada (and is allowed to work). But he is not willing to fill out all the paperwork and pay any fees that would be needed (he says he does not have the time for that). Is there anyway that we can get my boss to just write a letter saying my boyfriend is guaranteed a job once in Canada, no matter what, but then fill out all the paper work our selves and pay any fees needed? Or does Canada require the business to pay the fees and fill out the paperwork needed?

The company must pay the fees and do all the paperwork. You can research the LMIA process to see what's involved. It's not just having a job offer, the company must post the job for applicants and prove there are no Canadians suitable for the job, before the LMIA is approved. In general it can be a hard process to get approved for. http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Alternatively if it's a skilled job that your partner has education/job experience in, and it qualifies under NAFTA job list, in that case just a job offer may be enough. http://www.canadavisa.com/nafta-work-permits.html