Please Help - Belgian Working Holiday Expiring Soon

[AnthonyB23]

Hello,

I just want to understand what are my options.

My girlfriend has been on a Belgium—Working Holiday for the past year and it will expire by May 31st 2019.

We were advised that we should try to extend her IEC (ironically enough by a paralegal), but I’m just finding out that Belgium only allows One 12 months IEC per lifetime.


It is my understanding that it would be impossible to extend her IEC. Given the situation, what can we do to help her extend her stay and ultimately achieve the goal of Permanent Residency?

As caution, she intends to apply for a Visitor’s Visa. My understanding is that this will prohibit her from working a Type 0, A, and B job. But how about a waitressing job which qualifies on Type C and D? Would she be allowed to at least do that in the meanwhile?


What then can we do to hopefully get her permanent residency?

Would the only option be to move in together and apply for Sponsorship via Common Law Spouse/Marriage?

 

[canuck_in_uk]

Hello,

I just want to understand what are my options.

My girlfriend has been on a Belgium—Working Holiday for the past year and it will expire by May 31st 2019.

We were advised that we should try to extend her IEC (ironically enough by a paralegal), but I’m just finding out that Belgium only allows One 12 months IEC per lifetime.


It is my understanding that it would be impossible to extend her IEC. Given the situation, what can we do to help her extend her stay and ultimately achieve the goal of Permanent Residency?

As caution, she intends to apply for a Visitor’s Visa. My understanding is that this will prohibit her from working a Type 0, A, and B job. But how about a waitressing job which qualifies on Type C and D? Would she be allowed to at least do that in the meanwhile?


What then can we do to hopefully get her permanent residency?

Would the only option be to move in together and apply for Sponsorship via Common Law Spouse/Marriage?

Hi

No, she cannot work at ANY job while here as a visitor.

She needs to see if she qualifies for PR.

It is an option but not knowing anything about her, no one here can say if that is her only option.

 

[AnthonyB23]

Hi

No, she cannot work at ANY job while here as a visitor.

She needs to see if she qualifies for PR.

It is an option but not knowing anything about her, no one here can say if that is her only option.

She is fully a Belgian citizen.


She completed her post-secondary masters back in Belgium.


She has been living in Canada under the Belgian – Working Holiday IEC for the past 9 months.


She has been working in Canada for those 9 months, but on different waitressing jobs as she has struggled to find any job that qualifies under the NOC / Skill level Type 0, A, B. We are still actively looking in hopes of landing her a job offer.


She has been subletting for the past 9 months, we haven’t once lived together but we are contemplating moving in together under the hopes that we can declare as common law partners after a year of her being here, if possible (at least that’s my understanding of the requirements?)

Based on lack of work experience in the Skill level Type 0, A, and B, it seems like she wouldn't qualify for the PR at the moment.

 

[scylla]

She is fully a Belgian citizen.


She completed her post-secondary masters back in Belgium.


She has been living in Canada under the Belgian – Working Holiday IEC for the past 9 months.


She has been working in Canada for those 9 months, but on different waitressing jobs as she has struggled to find any job that qualifies under the NOC / Skill level Type 0, A, B. We are still actively looking in hopes of landing her a job offer.


She has been subletting for the past 9 months, we haven’t once lived together but we are contemplating moving in together under the hopes that we can declare as common law partners after a year of her being here, if possible (at least that’s my understanding of the requirements?)

Based on lack of work experience in the Skill level Type 0, A, and B, it seems like she wouldn't qualify for the PR at the moment.

Without NOC A, B or 0 work experience, it's highly unlikely she will qualify for PR.

As said above, right now her only option is to change her status to visitor and stop working entirely. If she is able to secure a job offer and an approved LMIA from an employer then she can apply for a closed work permit. However this tends to be next to impossible to do since most employers aren't willing to go through the LMIA process.

Yes - once you have physically lived together for a full year continuously, you'll be common law.

 

[AnthonyB23]

Without NOC A, B or 0 work experience, it's highly unlikely she will qualify for PR.

As said above, right now her only option is to change her status to visitor and stop working entirely. If she is able to secure a job offer and an approved LMIA from an employer then she can apply for a closed work permit. However this tends to be next to impossible to do since most employers aren't willing to go through the LMIA process.

Yes - once you have physically lived together for a full year continuously, you'll be common law.

What if we do decide to take the big leap and get married before her IEC expires? My understanding is she would still have to change her status to visitor to at least give her some time here, in the meanwhile would it be possible for us to then apply for an Open Work Permit and Spouse Sponsorship once married?

 

[scylla]

What if we do decide to take the big leap and get married before her IEC expires? My understanding is she would still have to change her status to visitor to at least give her some time here, in the meanwhile would it be possible for us to then apply for an Open Work Permit and Spouse Sponsorship once married?

Yes - she would still need to change her status to visitor and stop working. Yes - once you are married you can apply to sponsor her inland and include an open work permit (you have to submit this as a package). The work permit will be approved approx. 4 months after the complete application package is received. She would be able to start working again once the OWP is approved.

 

[AnthonyB23]

An update on the situation and some feedback would be appreciated!


We’ve spoken and had a lengthy discussion with fellow friends. She will be trying to apply for a student visa by enrolling into a DLI which also offers PGWP. It is very costly but we’re working on being able to secure the necessary payments so that she can be fully admitted to a school.


As she’s going to school (assuming the student permit is approved), we plan on moving in together as soon as possible so that she’s able to do at least 1 full year of school which we’re hoping will give us the chance to also ultimately qualify as common law by the time she’s done her studies upon having lived together for a full year. Her PGWP will then permit her to work for an additional full year *hoping for a type A, O, or B job opportunity.

May that then give her a stronger case to qualify for a PR?
-- of course with all the necessary proof that we're common law partners such as joint bank accounts/credit cards/financial expenses/lease and such

Oh right, I am a full Canadian Citizen. In case i failed to mention it earlier.


I previously saw this recommendation by a user before they deleted their post, I presented it to my GF she is on board with this idea.

 

[canuck_in_uk]

An update on the situation and some feedback would be appreciated!


We’ve spoken and had a lengthy discussion with fellow friends. She will be trying to apply for a student visa by enrolling into a DLI which also offers PGWP. It is very costly but we’re working on being able to secure the necessary payments so that she can be fully admitted to a school.


As she’s going to school (assuming the student permit is approved), we plan on moving in together as soon as possible so that she’s able to do at least 1 full year of school which we’re hoping will give us the chance to also ultimately qualify as common law by the time she’s done her studies upon having lived together for a full year. Her PGWP will then permit her to work for an additional full year *hoping for a type A, O, or B job opportunity.

May that then give her a stronger case to qualify for a PR?
-- of course with all the necessary proof that we're common law partners such as joint bank accounts/credit cards/financial expenses/lease and such

Oh right, I am a full Canadian Citizen. In case i failed to mention it earlier.


I previously saw this recommendation by a user before they deleted their post, I presented it to my GF she is on board with this idea.

She will need to be able to show around $25,000 in funds for a study permit.

The skill level of her job will be irrelevant to a sponsorship app.