Immegration Question

[bg1987]

Hi everyone, I have a question about immigration to Canada
My situation is, im 26 y/o male, from Israel
I finished my bachelors degree in computer science
I have worked part time in the past two years, and have worked full time for a year and have 3 years of experience from my army service

My girlfriend is a Canadian citizen, whom Iv'e met while she was on exchange in Israel two years ago.
For the past 5 months we have been living together in Israel (shes on her second exchange), but she must soon leave the country again otherwise she will be drafted as shes also an Israeli citizen, I want to move in with her in Canada.

From what I read, I have two options either applying for a work permit on basis of a skilled worker, or it is possible for my girlfriend to sponsor me as a common law (or maybe conjugal?) partner.

Is it possible to apply to both? What do you think the best course of action is?

Thanks ahead for the advice,
Benny.

 

[scylla]

You won't qualify as a conjugal couple since you face no barriers to married or becoming common law. To be classied as a common law couple you must first live together for one full year. If you get married now, then she can sponsor you.

A work permit would be another option. To qualify to apply for a work permit, you must first find an employer in Canada who is willing to offer you a job and then that employer must obtain an approved Labour Market Opinion.

 

[bg1987]

Thanks for the reply.
But isn't the fact she can't stay in the country for too long (up to 4 months per year) before she will be drafted to the army a valid reason?

also, what exactly is the Labour Market Opinion?

 

[scylla]

Thanks for the reply.
But isn't the fact she can't stay in the country for too long (up to 4 months per year) before she will be drafted to the army a valid reason?

also, what exactly is the Labour Market Opinion?

No - this won't be seen as a valid reason. There's also nothing stopping you from getting married.

Information on LMOs can be found below. The employer will need to advertise the job first for a full month to prove no Canadians could be hired for the position. After that, the employer will have to submit paperwork and fees to request permission to hire a foreign worker (you).

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

 

[Gogia]

work permit chances r very low...reason...local computer jobs r not much...my friend studied from here...still out of job...no permanent job.available...to local...for foreigner its more difficult.....high unemployment rate in canada...

 

[Leon]

If you are not ready to get married, you can still come with her to Canada and stay up to 6 months as a visitor. By that time, you will have 11 months towards your 12 months to qualify as common law.

Before you reach your 6 months in Canada, you can apply to extend your visitor status. Since it takes a while to process, especially if you send the application on paper instead of online, you will have implied status, that is, you may stay until you get an answer. Even if they say no and tell you to go home, you will still have bought enough time to qualify for common law. You can write as a reason for your extension request that you are qualifying as common law and intending to apply for sponsorship.

If your extension request is approved, you can stay, if they tell you to leave, you have to go. However, with 12 months of living together, your girlfriend would be able to sponsor you for PR whether you end up having to leave or not.

During the time you are on a visit visa, you can not work. During the processing of your PR application, if you stay, you also can't work so you would have to rely on your girlfriend or your savings to support yourself. That is unless you can work online for a company outside Canada.

 

[bg1987]

Wow Leon, you literally read my mind.
I wanted to ask about my options as a visitors visa which would extend to common-law.

Just to make sure, if I apply to extend my visitors visa, I can stay until I get the final answer?
How long does this application usually take?

About the last part, Is it possible for me to work as a consultant/freelancer for Canadian companies (if I have a registered company in Israel) while on my visitors visa?
Or I'm not allowed to do any work with Canadian companies at all?

 

[Leon]

Wow Leon, you literally read my mind.
I wanted to ask about my options as a visitors visa which would extend to common-law.

Just to make sure, if I apply to extend my visitors visa, I can stay until I get the final answer?
How long does this application usually take?

About the last part, Is it possible for me to work as a consultant/freelancer for Canadian companies (if I have a registered company in Israel) while on my visitors visa?
Or I'm not allowed to do any work with Canadian companies at all?

You are supposed to apply to extend 30 days before your status expires but that is not too bad if you leave it a bit later as long as they receive your application before your status expires.

You can see the processing times here: http://www.cic.gc.ca/ENGLISH/INFORMATION/times/temp.asp Currently 34 days if you apply online, 75 days if you apply on paper. If they refuse and ask you to leave, they will give you an additional 30 days to leave so you would in any case not have a problem staying 7 months.

Implied status is what you have after your status has expired but you have applied to extend before it expires and are waiting for an answer. As long as you don't leave Canada in the meantime, you stay under implied status until you hear back.

You are not allowed to do freelance work for Canadian employers while on visitor status.

If you find an employer who wants to hire you, you would have no special status being common law or married to a Canadian. The employer would have to apply for an LMO (labour market opinion), showing they have advertised and found no qualified Canadian for the job and if they get it, you can use it to apply for a work permit. The work permit would be closed, that is, it is only good for the position, location and employer it is issued for.