Questions about Common Law & more!

[Measure]

I'm currently a US Citizen who travels to Canada every three months to be with my fiance. We are really growing tired of the costs and the distance, roughly 3,300 kilometers between us. We want to close distance and I've really been trying to find out ALL my options. I've been on the CIC website for around a year now snooping, but I'd really like to speak to someone about this to put myself at ease. I'm very stressed about the situation. I'll give some information to maybe help out.

I am 20 years old and a high school graduate who has postponed college for two years in order to pursue this, my relationship, and working. My fiance is interested in a common law sponsorship, however we want more options. She is currently in Alberta, which is my goal area to reside in. I would like to avoid marriage until I'm actually living there in Canada for the emotional sake. I'm not trained in any skilled trades either.

I'm very curious about my options and the methods I can go about achieving them. I want to be there as soon as possible, but I am very patient. Help is appreciated as you are really helping my relationship and putting me at ease.

 

[Rob_TO]

I'm currently a US Citizen who travels to Canada every three months to be with my fiance. We are really growing tired of the costs and the distance, roughly 3,300 kilometers between us. We want to close distance and I've really been trying to find out ALL my options. I've been on the CIC website for around a year now snooping, but I'd really like to speak to someone about this to put myself at ease. I'm very stressed about the situation. I'll give some information to maybe help out.

I am 20 years old and a high school graduate who has postponed college for two years in order to pursue this, my relationship, and working. My fiance is interested in a common law sponsorship, however we want more options. She is currently in Alberta, which is my goal area to reside in. I would like to avoid marriage until I'm actually living there in Canada for the emotional sake. I'm not trained in any skilled trades either.

I'm very curious about my options and the methods I can go about achieving them. I want to be there as soon as possible, but I am very patient. Help is appreciated as you are really helping my relationship and putting me at ease.

Common-law means you have lived together for 12 consecutive months. There are no exceptions to this. The cohabitation can be in either USA or Canada and over different addresses, it doesn't matter. It just must be continuous so any break where you would be apart, would cause the counter to reset back to zero.

You will need to establish a common-law relationship first (or get married) before you can be sponsored for PR.

If you come to Alberta to stay as a visitor for the 12 months, as a visitor you wouldn't be able to work during that entire time.

If you wanted to work in Canada, you'd need to obtain a work permit. With no university education/skills I doubt you'd qualify for anything under an LMIA closed work permit, or under NAFTA. Not sure if you would qualify for SWAP to get a 1 year open work permit but might be worth looking into: http://www.swap.ca/in_eng/

 

[Measure]

Common-law means you have lived together for 12 consecutive months. There are no exceptions to this. The cohabitation can be in either USA or Canada and over different addresses, it doesn't matter. It just must be continuous so any break where you would be apart, would cause the counter to reset back to zero.

You will need to establish a common-law relationship first (or get married) before you can be sponsored for PR.

If you come to Alberta to stay as a visitor for the 12 months, as a visitor you wouldn't be able to work during that entire time.

If you wanted to work in Canada, you'd need to obtain a work permit. With no university education/skills I doubt you'd qualify for anything under an LMIA closed work permit, or under NAFTA. Not sure if you would qualify for SWAP to get a 1 year open work permit but might be worth looking into

Someome mentioned to me something about a TN Visa? Can I qualify for that? I'll also look into everything you've sent.

 

[scylla]

Someome mentioned to me something about a TN Visa? Can I qualify for that? I'll also look into everything you've sent.

A TN Visa is a US visa (work permit). It doesn't apply to Canada.

 

[Measure]

Oh my, thank you. I'm just really trying to find all my options.

 

[scylla]

Some additional info that might be helpful...

Forget about SWAP. You don't qualify since you haven't attended college or university.

To qualify for a work permit under NAFTA, you first need to find an employer in Canada who is willing to offer you a full time job. If that job falls under NAFTA, you can obtain a work permit. If it doesn't, your employer will additionally need to obtain an approved LMIA (very long and expensive process) before you can qualify to apply for a work permit.

So if you want to go the work permit route, your first step is to find an employer and job in Canada. You can't do anything until you have that.

Good luck.

 

[Rob_TO]

To qualify for a work permit under NAFTA, you first need to find an employer in Canada who is willing to offer you a full time job. If that job falls under NAFTA, you can obtain a work permit. If it doesn't, your employer will additionally need to obtain an approved LMIA (very long and expensive process) before you can qualify to apply for a work permit.

So if you want to go the work permit route, your first step is to find an employer and job in Canada. You can't do anything until you have that.

Unfortunately even a NAFTA-qualified job would probably not help without the secondary education behind it. One of the requirements to get a work permit via NAFTA is:
3.4 What documentation must a professional present to support an application?
- evidence that the person has at least the Minimum Education Requirements and Alternative Credentials listed in Appendix 1603.D.1 (copies of degrees, diplomas, professional licences, accreditation or registration, etc).
http://www.cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

So OP would need some further education at a minimum. Plus the chance of finding an employer to hire you under a skilled position falling under NAFTA, without the necessary degree or accreditation behind it, is practically none.

 

[Measure]

Some additional info that might be helpful...

Forget about SWAP. You don't qualify since you haven't attended college or university.

To qualify for a work permit under NAFTA, you first need to find an employer in Canada who is willing to offer you a full time job. If that job falls under NAFTA, you can obtain a work permit. If it doesn't, your employer will additionally need to obtain an approved LMIA (very long and expensive process) before you can qualify to apply for a work permit.

So if you want to go the work permit route, your first step is to find an employer and job in Canada. You can't do anything until you have that.

Good luck.

But I'd need to find an employer that is willing to go through with LMIA, right?

 

[Measure]

Unfortunately even a NAFTA-qualified job would probably not help without the secondary education behind it. One of the requirements to get a work permit via NAFTA is:
3.4 What documentation must a professional present to support an application?
- evidence that the person has at least the Minimum Education Requirements and Alternative Credentials listed in Appendix 1603.D.1 (copies of degrees, diplomas, professional licences, accreditation or registration, etc).

So OP would need some further education at a minimum. Plus the chance of finding an employer to hire you under a skilled position falling under NAFTA, without the necessary degree or accreditation behind it, is practically none.

This is honestly so frustrating. I just want to take the simplest route and move there. Would I be able to find a business and assist them in paying for the LMIA fees?

 

[scylla]

This is honestly so frustrating. I just want to take the simplest route and move there. Would I be able to find a business and assist them in paying for the LMIA fees?

The experience would be no different if you were trying to go to another country - or if you were a Canadian trying to go to the US. Work permit and immigration programs are focused on skilled / experienced individuals. That's the reality.

The simplest route for you is to get married and be sponsored through spousal sponsorship.

You could also consider continuing your studies in Canada (college or university) through a study permit. To be approved, you would need to show a bank balance of at least $25K (possibly more depending on your tuition) to cover first year fees and living expenses. It's also too late to apply for the January term. You would be looking at May. The first step would be to apply and be accepted into a program in Canada.

If you do want to pursue the work permit route, then yes - you need to find an employer willing to go through the LMIA process and the $1K fee isn't the only challenge (note that the employer is really the one who should pay this). The employer will also have to advertise the job for at least a month to prove no Canadian could be hired for the role which will cost at least several hundred dollars more. Even if the employer submits the LMIA application, it's very possible it could still be refused if the government believes they should have had no issues finding a Canadian for the job. It tends to be easier to obtain LMIAs for jobs that require specific expience, training, and skills - and much more difficult for jobs anyone can do (because it's obviously much more difficult to prove no Canadian could be found). You would fall into the latter bucket - so most employers will probably be extremely reluctant to go through the process since the chances of approval may be close to nil.

 

[Measure]

Could we go through common law instead? Rent a place, I travel for 6 months, apply for an extension, and go that route? So that we live together for a year?

 

[scylla]

Could we go through common law instead? Rent a place, I travel for 6 months, apply for an extension, and go that route? So that we live together for a year?

Yes - Rob_TO already explained that option above.

You would come to Canada as a visitor for six months and then extend your visit to stay a full year and become common law. Keep in mind that you would not be allowed to work or attend school as a visitor - and you also won't qualify for health care coverage (so you would need to purchase private insurance).