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Should I apply for PR in Canada or Australia.

jmm1979

Full Member
Mar 8, 2012
49
1
I have been in Canada for 5 years and my work visa runs out on April 9th. Work is trying to get LMO approved to extend my work visa but there is a high possibility it won't go through. For my PR, I have done my English test (score8) and my police clearance should arrive this week. I have been told if I apply in Australia then I will get it quicker than here in Canada. If this is the case then should I send the paperwork in now and then if I do have to leave the country request my file to be transferred to Sydney. Any advice would be great on timelines and processes. Thanks.
 

Leon

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Jun 13, 2008
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Under what immigration class are you applying? If you apply under CEC, people who have worked a skilled job in Canada for at least 2 years, it should take around 15 months, see http://www.cic.gc.ca/english/information/times/perm-ec.asp

If you apply under the federal skilled worker program, you can obviously request to be processed in your home country. If you are at that point legally in Canada on a work permit, you would also have the option to pick Buffalo. Australia might be faster for FSW, see http://www.cic.gc.ca/english/information/times/perm/skilled-fed.asp#west but they don't have the timelines yet for applications after June 2010.

You can see some real timelines at trackitt.com too.
 

martindv

Newbie
Mar 13, 2012
8
0
Leon: , can you plz advice me ..I am in a relation with my partner she is divorced with kids and on social assistance and she is by herself and has no relatives or parents bit tough life for her what will be the best option for me to be with her?? I visited canada several times on visits unfortunately I cant even sponsor her back in Australia due to her kids custody with her ex. What will be the best visa or category i can apply?? I am a Australian Citizen well settled with a good job but only other thing comes to my mind is extreme cold weather in Canada but I have no other choice if I want to be with her. Many Thanks.
 

Leon

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Jun 13, 2008
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martindv said:
Leon: , can you plz advice me ..I am in a relation with my partner she is divorced with kids and on social assistance and she is by herself and has no relatives or parents bit tough life for her what will be the best option for me to be with her?? I visited canada several times on visits unfortunately I cant even sponsor her back in Australia due to her kids custody with her ex. What will be the best visa or category i can apply?? I am a Australian Citizen well settled with a good job but only other thing comes to my mind is extreme cold weather in Canada but I have no other choice if I want to be with her. Many Thanks.
If she is on social assistance, she can not sponsor you. If she can find a way to get off social assitance, she could. That would really be the best way. Othewise if she can through friends or contacts try to secure you a job offer, that would help you either to immigrate right away or get a work permit and move on to immigration later. You should go to http://www.cic.gc.ca/english/index.asp for now, read all you can about different immigration classes and work permits to familiarize yourself with the process. Still, it is not easy unless you get a job offer.

One more option because you are Australian would be the working holiday program. That is if you are under 30. You can look at that here: https://www.whpcanada.org.au/ It would only allow you an open work permit for 2 years but you can use that time to get your foot in the door with an employer and work on a regular work permit or immigration.
 

martindv

Newbie
Mar 13, 2012
8
0
Thanks Leon, If I have any type of job offer I would be able to apply ?? or is that I need LMO / Work Permit I need to organize accordingly and go through the application process... I am bit confused and not sure about it I am a Passenger Service Officer (Passport n Visas) at the Australian Airport. What is the possibility of applying for job or extending my visa or for any partner application during my visit?? I am planning to stay there for nearly 2 months or more on my next visit.. also note I am not under 30 yrs and donot qualify for WHP visa..If i get a job I will get her off the social assistance as I dont want her to have any financial problems coz of me as she has dependent kids...that will be the last option i want to think of if nothing works out... Many thanks
 

Leon

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Jun 13, 2008
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martindv said:
Thanks Leon, If I have any type of job offer I would be able to apply ?? or is that I need LMO / Work Permit I need to organize accordingly and go through the application process... I am bit confused and not sure about it I am a Passenger Service Officer (Passport n Visas) at the Australian Airport. What is the possibility of applying for job or extending my visa or for any partner application during my visit?? I am planning to stay there for nearly 2 months or more on my next visit.. also note I am not under 30 yrs and donot qualify for WHP visa..If i get a job I will get her off the social assistance as I dont want her to have any financial problems coz of me as she has dependent kids...that will be the last option i want to think of if nothing works out... Many thanks
If you can get an LMO, you can apply for a work permit, go to Canada, move in with her and get her off welfare and she can sponsor you for PR then. You can not do any partner application right now while she is on welfare, besides, you also have to either be married or have lived together for a year for her to even qualify to sponsor you. Immigration is a long term project but the fastest way for you to be in Canada working would be to get a work permit. Getting an LMO can be hard though.
 

martindv

Newbie
Mar 13, 2012
8
0
How about if i get married to her during my visit and apply for partner visa still it will be a problem or same conditions apply?? as my relationship is genuine as we need to be together?? Thanks for your time Leon...
 

Leon

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martindv said:
How about if i get married to her during my visit and apply for partner visa still it will be a problem or same conditions apply?? as my relationship is genuine as we need to be together?? Thanks for your time Leon...
You can get married to her during your visit but the only partner visa you can get in Canada if your partner is a Canadian citizen or PR is if they sponsor you for PR. In order to do that, she must go off social assistance.

Why is she on social assistance if I may ask? Is she staying home to take care of the kids? Would she be able to work if you took care of the kids? You see, you would not be allowed to work unless you either manage to get an LMO and a work permit or until you get PR so unless you get an LMO and a work permit, you can not work to help her get off social assistance and she can not get off it unless she has other income.
 

martindv

Newbie
Mar 13, 2012
8
0
She is looking after 4 kids she was a victim of domestic violence and abuse and was rescued by some organization. Her ex husband made her life miserable and treated like slave ... with the help of some organization she was able to get divorced and started life again !!! She has no source of income i do help her financially as well whenever possible, seems we are in difficult position in terms to qualify for immigration. She has no relative in Canada and I want to help her and support her life and be with her. I wish to work and support her if possible during my process of application if I get work permit I have no problem as well to look after kids but it is better for me to work and she can look after kids. Leon your help or guidance will be really appreciated to make my way to Canada and the other thing easy was for me to bring her to Australia is not possible due to custody of kids with her ex!!! I am in complex situation..
 

Leon

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Jun 13, 2008
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Right. It is a complex situation. It is not easy to get an LMO but you can try. If you get the LMO and a work permit, you work, you support her, she goes off social assistance and sponsors you for PR or you can see if your employer can help you get PR through PNP or something like that.

If you can't get an LMO, you can't work and she can not sponsor you because of the social assistance so if that is the case, although you say it would be better if you work and support her and she stays with the kids, that would not be an option so the only other option I would see is if she works and you stay home and take care of the kids. That is if you want to stay together.

Of course there is one other option and that is if you go and marry her now and then you go back home, work like a dog, take a 2nd job if you have to so you can send her enough money that she can get off social assistance in order to sponsor you. That way, she stays in Canada and you in Australia until your PR comes through.
 

martindv

Newbie
Mar 13, 2012
8
0
Thanks your soo much Leon I will do my best first to get LMO(work permit) looks like I need to sacrifice something if I want to be with her!! Its really not easy... incase if you come up with anything good way please do let me know . Hopefully we are going to workout something good for our future to be together.
 

indian2.

Member
May 30, 2012
19
0
martindv said:
She is looking after 4 kids she was a victim of domestic violence and abuse and was rescued by some organization. Her ex husband made her life miserable and treated like slave ... with the help of some organization she was able to get divorced and started life again !!! She has no source of income i do help her financially as well whenever possible, seems we are in difficult position in terms to qualify for immigration. She has no relative in Canada and I want to help her and support her life and be with her. I wish to work and support her if possible during my process of application if I get work permit I have no problem as well to look after kids but it is better for me to work and she can look after kids. Leon your help or guidance will be really appreciated to make my way to Canada and the other thing easy was for me to bring her to Australia is not possible due to custody of kids with her ex!!! I am in complex situation..
ggod work
 

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i am australian citizen. and i want to go yo canada... under what category i can apply for pr
 

nurseL

Newbie
Aug 3, 2015
5
0
We are an Australian/Canadian couple living together in Toronto for 18 months, dated back in Australia for a year.

We are engaged and planning to marry in summer of 2016 in Canada. However my fiance's open work permit visa expires in Feb 2016. So we are looking at applying for spousal sponsorship.

Should he apply to the Sydney, Aus office?

We were just looking at wait times - if he applied to Sydney would he be considered "person to be sponsored lives outside of Canada"? The wait time would be 13months vs. 26months if he applied inland. Am I interpreting the wait times correctly?
 

Leon

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Jun 13, 2008
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nurseL said:
We are an Australian/Canadian couple living together in Toronto for 18 months, dated back in Australia for a year.

We are engaged and planning to marry in summer of 2016 in Canada. However my fiance's open work permit visa expires in Feb 2016. So we are looking at applying for spousal sponsorship.

Should he apply to the Sydney, Aus office?

We were just looking at wait times - if he applied to Sydney would he be considered "person to be sponsored lives outside of Canada"? The wait time would be 13months vs. 26months if he applied inland. Am I interpreting the wait times correctly?
If you use the application forms for "my spouse lives outside of Canada", it's referred to as an outland application but that does not necessarily mean he can't be in Canada during some or all of the application processing times as long as he has some visa whether a work permit or on visitor status. It would however not give him the right to apply for a work permit based on the application so he would not be able to work.

On the other hand, if you apply inland, using the forms for "my spouse lives in Canada", you can apply for an open work permit with the application and it is issued relatively fast. So yes, the processing time is longer but he can stay with you. With inland however, he must stay in Canada. As he is visa exempt, the risk of leaving for a short time and coming back is not too high but if he were to leave Canada for a longer time during the processing time or were for some reason unable to get back, you would lose your application and have to apply again outland.