My boyfriend was denied re entry what should we do!?

[Deyonce]

Not for an OWP but for a sponsored to live here permanently.

QUOTE="scylla, post: 6676952, member: 51365"]There's no option that allows him to get an open work permit through his uncles. As Rob_TO explained, open work permits are only granted under very specific circumstances. Based on the information you've provided so far, he doesn't meet any of these requirements.

Assuming he doesn't qualify for an OWP, then he would need to apply for a closed work permit. To get a closed work permit, he either needs to have a job that qualifies under NAFTA (only very specific occupations qualify) - or he needs a job offer and approved LMIA from his employer. LMIAs are expensive and difficult to get - it also takes a long time (plan on 4-6 months with no guarantee of approval). The first step is for the employer to advertise the job in at least thee locations that meet the LMIA requirements for a month to prove no Canadian could be hire for the role. Next the employer has to pay a $1,000 fee and submit a bunch of paperwork - then wait a number of months for the LMIA to be processed.

What occupation does your boyfriend hold?[/QUOTE]
Not

 

[scylla]

His uncles cannot sponsor him for PR based on being family members. He may get additional points for having family in Canada (depending on how he applies for PR) - however he has to qualify on his own through having the required work experience, education, language test scores, funds to settle himself in Canada - and possibly an LMIA approved job offer.

If his uncles can give him a job offer that's accompanied by an approved LMIA - that would certainly help. Again, this is a long and involved process. If they haven't already, they should start now by ensuring they meet the advertising requirements. They'll also need to ensure the wage they advertise for and plan to pay him meets or exceed the median wage for that occupation in that province - otherwise the LMIA will be refused.

 

[scylla]

To add to my note above... If he hasn't already taken an approved English language test and had his education officially evaluated - he needs to get on that now. The language test is mandatory (having his education assessed may or may not be required) - and this can take a number of months to get done. Make sure he studies and understands how points are awarded to achieve a high score.

 

[Deyonce]

You’ve been a lot of help thank you so much!

To sum it all up.

He should remain out of the country for a few months work and be able to show ties to going back home. He should look for an employer that is willing to do an LMIA assessment for him to stay in the country.
?

 

[Deyonce]

Where do you access this language test?

To add to my note above... If he hasn't already taken an approved English language test and had his education officially evaluated - he needs to get on that now. The language test is mandatory (having his education assessed may or may not be required) - and this can take a number of months to get done. Make sure he studies and understands how points are awarded to achieve a high score.

 

[scylla]

Where do you access this language test?

Everything is on the CIC web site. I think he needs to dedicate quite a bit of time to researching Canada's immigration programs to understand what this actually involves. Language test details here:

https://www.canada.ca/en/immigratio...y/language-requirements/language-testing.html

Language tests can only be taken in person. They are often booked out months in advance.

 

[scylla]

You’ve been a lot of help thank you so much!

To sum it all up.

He should remain out of the country for a few months work and be able to show ties to going back home. He should look for an employer that is willing to do an LMIA assessment for him to stay in the country.
?

That's what I would recommend. I would also strongly recommend he keep his first trip back to Canada short (week or less).

Understand that none of us here can tell you what will happen the next time he tries to enter. He might have problems or he might not. This will be entirely up to CBSA. Working without authorization is a pretty big deal.

 

[canuck78]

Also you should call around and see how expensive medical tests are in Canada. Don't think they are less expensive if you add in the cost of travel unless he was driving.

 

[scylla]

Agree with the above. I also wouldn't rush and take the medical now. They expire after a year. If he hasn't even figured out how he's going to apply for PR - it makes no sense to take the medical now. He should wait until he's actually ready to apply - otherwise it's quite possible he may end up having to take the medical twice (i.e. spend the money twice). I think his priority should be researching Canada's immigration programs to actually understand what it takes to qualify and apply. It doesn't sound like he's done that yet and is going on a bunch of false assumptions about how things work.

 

[Rob_TO]

He should remain out of the country for a few months work and be able to show ties to going back home. He should look for an employer that is willing to do an LMIA assessment for him to stay in the country.
?

The only chance he has to be sponsored for PR to Canada, is after you get married or become common-law (having lived together for 12 consecutive months) you can then sponsor him for PR with a family class app.

What is his profession? In order to find an employer willing to go through the hassle and expense of the lengthy LMIA process to hire him with a closed work permit, he will need to have education/skills that are in high demand. Majority of employers won't bother to even consider a foreigner when it's so much easier to simply hire a Canadian/PR.