how much time do i have?

[ryetams]

hi

my WP expired last july 12'09 and now technically i dont have status. my girlfriend included me as her common-law-partner in her WP application as a Live-in-caregiver. she called CIC and they told her that it was sent to a local immigration office (that is in hornby in vancouver) and is being reviewed / investigated and one more thing they told her that LCP cannot in any way give WP for their spouse/common-law. secondly, i have an employer whos willing to give me a WP as a Cook and i believed that on these times the processing from LMO to WP will take 3-6 months?

my questions are:

1. is it a bad thing that our common-law-application was transfered to a local immigration office?

2. will the immigration allow me to stay as a tourist for the reason that i want to support and help my girlfriend since she is pregnant with our child?

3. i believe that i only have 90 days more to stay, look for a job, or fix my status otherwise i would need to go home, is it really 90 days?

4. what about if i still have something on process, are they still gonna send me home or they will give me some time to finish it and wait from there?

please help and thank you for your responses

rye

 

[Leon]

1. Yes, might be a bad thing. Might be questioning that you managed to qualify as common law partners while she is a live-in caregiver. You can go to your local CIC office and ask about your case or at least ask them what their caseload is like, if they will take a long time to look at it.

2. They will let you stay as a tourist if they believe you will leave at the end of your tourist visa.

3. If you are already out of status, you have 90 days to apply for restoration of status. Actually, you should have applied to change your status to visitor as soon as your work permit had 30 days to expire so June 12. Now you are actually illegal so you should file for restoration of status as soon as possible. You can read about it here: http://www.cic.gc.ca/english/information/applications/guides/5551E3.asp or find the form here: http://www.cic.gc.ca/english/information/applications/extend-worker.asp

4. After you apply for restoration of status, you will have 110 days while they process it, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#temp_res That means implied status so don't leave Canada. Then they will come back and tell you yes or no. If you have an LMO or work permit in process at that time, I don't know.

 

[ryetams]

can i apply for restoration even if i dont have a work permit?

 

[ryetams]

one more thing will it be a ground for rejection for my girlfriend's WP because we applied for common-law-partner? thanks again Leon

 

[ryetams]

and what's even funnier Leon is that we hired an immigration consultant for this. she told us i can actually use my girlfriends WP to be able to stay if our common-law-partner application is granted. she didnt tell us of any problems it will cause. must be for the money dont you think? are we both in a bad situation here? please help Leon thanks again

 

[Leon]

You can apply for a restoration of status but from worker to visitor. You don't have grounds to get a new work permit without an LMO.

Your girlfriend should be approved to work as a live-in caregiver. Did she just list you as a common law or did you actually try to apply for an open work permit for you based on her work permit? Anybody here could have told you that would not be approved. Only spouses of students or skilled workers can get a spouse work permit. Live-in caregiver is not considered skilled.

Your consultant may just be ignorant on the matter or just too willing to take your money, I don't know which.

 

[ryetams]

can i wait for the result of this LMO as a cook that im trying to process before i apply for a restoration? or i really need to apply for a restoration asap to avoid any legal actions from the immigration or i should be ok? actually she just included me in her application as a common-law and its like she's requesting the immigration to let me stay to support her and our child. do you think its possible? thanks again Leon

 

[Leon]

I think you should call CIC and ask them. You can still apply for restoration of status up to 90 days after you become illegal but the fact is you are right now illegal.

A live-in caregiver has no right to get a visa for her spouse or common-law to stay in Canada and support her and her child. If you want to stay, you have to qualify on your own.