Options for keeping UK Boyfriend in Canada

[JCWH]

Hello,

I need help figuring out the best way to proceed in keeping my boyfriend (who is from the UK) in Canada.

We have been together for over 4 years now and the costs of flights (for both of us) going back and forth as well as his visa expenses is just too demanding and exhausting to keep doing indefinitely.

He is 24 and has come to Canada as a visitor before and also with a 1 year working holdiday visa and currently a 1 year work visa. Both work visas were applied for through BUNAC. His current Visa is set to expire in a few weeks and we have been going crazy the past several months trying to figure out this whole immigration process. Our goal is for him to live here permanently and legally.

He currently works for a fast food restaurant and if at all possible would like for him to be able to continue working. I have not applied to sponsor him as a common law partner as it is my understanding that we must have been living together for a complete calender year to be considered under that status. He has always resided with me each time he has been in Canada just never a complete year. He has always returned home in the required time after coming as either a visitor or visa holder. This time however we do not want him to go back and so here we are.

Should I:

wait until the day his visa is expiring and he has been here the full year and apply to sponsor him as a common law partner or;

Have him apply for a visitor visa or;

Have him apply for some kind of work permit or;

a combination of applications are needed?

I do not think he qualifies as a skilled worker. I do know his job is willing to keep him on and even train him as a manager if he can stay however they don't think they can get him an LMO because essentially any Canadian citizen could do his job. His accumulated time with them is over a year now if that makes any difference and I believe I read on the CIC site it says that

"People in the following categories need a work permit but do not need an LMO from HRSDC.

Participants in exchange programs
People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs."

I could be wrong but I think the BUNAC program is a youth exchange program for people 18-35.

So I'm wondering if he can extend his work visa without the LMO or what?

I apologize for the somewhat jumbled thoughts. As I mentioned trying to figure this out has been crazy and confusing.

Advice on how to proceed would be greatly appreaciated and much needed. It feels like everytime he call immigration we can't get a person to talk to, questions aren't really answered etc.

 

[Leon]

You can not extend a BUNAC visa but sometimes it is possible to apply again. However, with a year on each visa, he may have exhausted that already.

Even though he only works in a fast food place, it still might be possible for his employer to get an LMO for him. It depends on the employment situation in your area.

 

[canuck_in_uk]

I believe I read on the CIC site it says that

"People in the following categories need a work permit but do not need an LMO from HRSDC.

Participants in exchange programs
People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs."

I could be wrong but I think the BUNAC program is a youth exchange program for people 18-35.

This refers to direct exchange programs, ie. a UK school and a Canadian school swap history teachers for 8 months or 4 Canadian teens go live with families in Brazil for a month and 4 Brazilian teens come here to Canada for the month.

wait until the day his visa is expiring and he has been here the full year and apply to sponsor him as a common law partner or;

Have him apply for a visitor visa or;

Have him apply for some kind of work permit or

He can try but it's doubtful he'll get an LMO for a non-management position in a fast food place.

If you really want him to stay, sponsorship is the way to go. If you only meet the 1 year common-law requirement on the day his current permit expires in a few weeks, the first thing to do ASAP is have him apply to extend his stay and change his status to a visitor so that he can remain in Canada. You cannot sponsor him with even 1 day less than a full year.

After that, it depends on whether you guys apply inland or outland.

Inland, he would be on implied status if he includes an Open Work Permit with the PR app and wouldn't need to extend his visitor status. The OWP doesn't start until sponsor approval at 6 months.

Outland through London, there's no implied status or OWP. He would need to apply to extend his visitor status until PR approval.

 

[JCWH]

Thanks for the responses!

What happens while his application to change status is being processed? Can he continue working until his status officially changes or does he have to stop on the day his permit expires?

 

[canuck_in_uk]

Thanks for the responses!

What happens while his application to change status is being processed? Can he continue working until his status officially changes or does he have to stop on the day his permit expires?

No, he can't continue working past the permit expiry.