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zagarc

Newbie
Feb 23, 2014
4
0
Hi there, I am Canadian and my boyfriend is from Chile. He is currently working in the US and will be finished there in the summer. We are trying to figure out what to do next. It is difficult for him to get another visa to Canada. He has had a few visas to Canada, but I fear that if he requests another visa without a job he will be denied. We have been together for about 17months. He wants to come back here to be with me. As we are still in our infancy we would rather not get married unless we have to. What are our options. He applied for a tourist visa last year and was denied because of lack of ties to his home. He did end up getting a business type visa to work here, but it was temporary.. We are assuming that it would be impossible for him to come back here on a tourist visa (where we could be married and apply for permanent residency) So if we were married in the US, would it be possible for him to enter the Canada as my spouse and then apply for permanent residency? or would we have to apply for it while he was out of the country? Do we have any other options? Anyone have any ideas?
 
zagarc said:
So if we were married in the US, would it be possible for him to enter the Canada as my spouse and then apply for permanent residency? or would we have to apply for it while he was out of the country? Do we have any other options? Anyone have any ideas?

No, getting married would actually make it MORE difficult for him to get a TRV to Canada. Being married to a Canadian gives more ties to Canada, so CIC often believes the visitor will not leave after visa expiry since they want to stay with spouse. So if he can't get a TRV as single, it would be impossible as married. The only thing to strengthen a TRV application, is to show more ties to home country or more reason that someone will be sure to leave Canada after it expires (like letter of ongoing employment, ongoing education, etc).

It seems like the only way for you is to apply for his PR outland, and during the processing time he would need to stay in US or elsewhere. In order to apply for PR, you MUST be either married or officially common-law (having lived together for 12 continuous months).
 
If you are feeling like your relationship is young and you aren't ready to commit to marriage, I think you two had better figure out a way to live together to decide if you really want to spend the rest of your lives together and THEN apply for PR.

To just get married so he can come to Canada when his US visa expires to test things out really is the worst way to decide if you are ready for a lifetime commitment, ya know?

Is there any way you can go back to Chile with him for a little while and see if this relationship is ready for the long haul?
 
zagarc said:
It is difficult for him to get another visa to Canada. He has had a few visas to Canada, but I fear that if he requests another visa without a job he will be denied. We have been together for about 17months. He wants to come back here to be with me. As we are still in our infancy we would rather not get married unless we have to. What are our options. He applied for a tourist visa last year and was denied because of lack of ties to his home. He did end up getting a business type visa to work here, but it was temporary.

Hi

Has he already participated in IEC? If he hasn't, it's an open work permit that would allow him to live and work in Canada for a year. They are currently accepting applications http://www.canadainternational.gc.ca/chile-chili/experience_canada_experience/index.aspx.

He can have a look to see if his profession and qualifications fall under the Canada-Chile Free Trade Agreement. Many employers don't want to hire foreign workers because of the LMO process; they have to meet several requirements, pay $275 and it takes months. If a profession falls under the CCFTA, an LMO wouldn't be required to hire your partner. He would need only the job offer to be able to apply for the work permit. See page 117 here http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf.

If neither of those options are suitable, Chile is a beautiful country :).