Moving to Canada from the UK

[Zylann]

Hello, I was looking for some advice in regards to the best method for my application / what to actually apply for.

I am a British Citizen with a passport issued in England, and plan to move to Ontario to be with my girlfriend (Common-Law) and have a Permanent Job Offer working as a Security Guard.

However I do not have much Work Experience in the UK (Barely a year). I think I need to apply for a TFW (For Common-Law) Permit for the Job Offer, however I'm not sure what I should apply for in regards to actually staying in Canada. I am aware that I can Visit up to 6 Months, would it be best to simply do that and apply for an extension / more permanent Visa later, or apply for something else? I am facing becoming homeless in the next few months in the UK so the sooner I can move the better.

 

[Leon]

Have you been living in a common law partnership with your girlfriend for 12 months or longer? If you have, then you are common law partners in regards to immigration. If not, then you will not count as common law partners until you reach those 12 months. Or you get married.

If you do count as common law partners, the next question is what is the status of your girlfriend in Canada? If she is a citizen or a PR, you can not get a work permit based on the relationship. She would however be able to sponsor you for PR. If she is a TFW on a skilled permit or an international student, you would be able to apply for a work permit based on the relationship.

If you do not count as common law partners and you don't want to get married or you do but she is a citizen or a PR which means she can sponsor you for PR which will take several months, you could look into applying for a regular work permit. Your prospective employer would have to apply for an LMO (labour market opinion) proving that they advertised the job and found no suitable candidates. If they get it, then you can apply for a work permit.

It is ok for you to come visit now and apply for the permit later. Just don't overstay your 6 months if you haven't applied for anything. If it comes to that, you can apply to extend your visit visa or you can leave and come back.

 

[Zylann]

Thanks for your help, one thing I was curious about was how long does it take for the 6 months visit time to 'reset'?

 

[canuck_in_uk]

If you want to stay beyond 6 months, apply online from within Canada to extend your stay. Leaving and re-entering is generally seen as riskier.

 

[Zylann]

I do plan on applying online to extend the stay, I was just curious

 

[canuck_in_uk]

I do plan on applying online to extend the stay, I was just curious

Ah. Well, there is no set time. Some people have come back in within days and had no issue. Others have tried to come back quickly and not only been refused entry but received a 1 year Exclusion Order for trying to live in Canada. Basically, it depends on the border officer and what they think of your situation.

Generally, if you have a PR app submitted, you would have no issues re-entering.

 

[Zylann]

I think I read if the PR App. is submitted you have assumed right to stay until a decision is reached on it? That would make sense with what you are saying anyway

 

[Rob_TO]

Hello, I was looking for some advice in regards to the best method for my application / what to actually apply for.

I am a British Citizen with a passport issued in England, and plan to move to Ontario to be with my girlfriend (Common-Law) and have a Permanent Job Offer working as a Security Guard.

However I do not have much Work Experience in the UK (Barely a year). I think I need to apply for a TFW (For Common-Law) Permit for the Job Offer, however I'm not sure what I should apply for in regards to actually staying in Canada. I am aware that I can Visit up to 6 Months, would it be best to simply do that and apply for an extension / more permanent Visa later, or apply for something else? I am facing becoming homeless in the next few months in the UK so the sooner I can move the better.

You need to clarify:
- What status does your gf in Ontario have? i.e. is she a foreign worker, PR or Citizen?
- Have you actually lived together in the same home continuously for 12 months to be officially common-law?

 

[canuck_in_uk]

I think I read if the PR App. is submitted you have assumed right to stay until a decision is reached on it? That would make sense with what you are saying anyway

No, a PR app does not give any status in Canada. You must maintain your status separately.

As the others have said, you need to clarify your situation and answer their questions to get proper advice.

 

[taffy7]

As others have said we need to know what the status of your girlfriend is first . On a separate note before we start do you have a clean police record ... i'm thinking yes as you have a job as a security guard.

 

[Zylann]

Must have misread the thing about PR Apps. in that case.

My girlfriend is a Citizen, we actually just worked out that we have lived together for 10 Months continuously, and yes I have a clean record ^^

 

[Rob_TO]

Must have misread the thing about PR Apps. in that case.

My girlfriend is a Citizen, we actually just worked out that we have lived together for 10 Months continuously, and yes I have a clean record ^^

You need full 12 continuous months with no breaks, else you are not common-law. Also you need proof/evidence of those 12 months (like shared lease, bills, bank account, etc).

So if you are currently living together and have done so 10 months... then keep doing so for 2 more months and then you can apply for PR... if you have necessary proofs.

 

[canuck_in_uk]

Must have misread the thing about PR Apps. in that case.

My girlfriend is a Citizen, we actually just worked out that we have lived together for 10 Months continuously, and yes I have a clean record ^^

Are you currently living together? Any separation of more than 3-4 weeks could be seen as a break in the 1 year count. You would need to start the year all over again.

 

[Zylann]

Unfortunately she had to return to Canada a while ago, breaking the run of living together

 

[taffy7]

I have another idea since you can not apply as common law .It depends how old you are but you could try an apply for a student working visa .Spend the year here in Canada then apply as common law. You don't have many choices .
1) common Law
2) get married
3) get the company to do a LMO and employ you
4) Student visa if under 25 .