She was married legally so I don't think that we could be recognized as common law until after that which was July last year. So technically we have only been common law since after then which means my first tax return I'd file as a common law would be next year.
Tough situation
- Thread starter aambrose
- Start date
It doesn't matter, you can be common-law while still married on paper but separated from a previous spouse. You are technically/legally common-law as of living together for 12 consecutive months.aambrose said:
Multiple options were provided on previous page. You can certainly stay here legally with a visitor extension, but it will not allow you to work anytime soon.aambrose said:
As mentioned on previous page, your employer would need to go through LMIA process and have it approved in order to secure a closed work permit for you. This process will cost the employer money (I believe in the $1000 range) and take many months to do, with no guarantee of success in the end. However they can definitely try if they really want you to stay employed there.
Yes - but you're out of time and no matter what you do you'll have to stop working for a period of time (expect several months).aambrose said:
The LMIA process is long and expensive with no guarantee of approval. However an approved LMIA is needed to obtain a close work permit. So if that's the route you want to go, your employer needs to kick off the process asap.
The first step is for your employer to advertise your job for at least a month following the LMIA guidelines for advertising to prove no Canadian could be found for the role. The employer must then submit the LMIA paperwork along with the $1K fee for processing. Processing can take anywhere from a few weeks (very unusual) to several months (typical). If the LMIA is approved (not all are) - you can then apply for a close work permit tied to that specific employer.
Detailed info for your employer about the LMIA process can be found here: https://www.canada.ca/en/employment-social-development/services/foreign-workers/hire/median-wage/high.html
So trying to figure out what I'm going to do. My girlfriend and I are leaning towards changing my Visa status to Visitor from open work permit. to either me going to Australia and sending my Express Entry profile in while I wait to be selected. So I have two more questions I guess:
1. If I send my express entry profile in from Australia, once it's in am I able to come back here on a Vistor visa to wait to see if i am selected or will it be better for me to stay there?
2. does anyone know a min and a max on how long it takes to be selected if you are?
3. Why the hell did they change it so much? When I came here four years ago there was no express entry, it was if you spent enough time here and you if the criteria you can apply.. now it seems like its much harder to come here even if you've already been here. They've even changed the international experience canada for australians before that was just an application, now it's the same thing. You have to be picked from pools.
4. I also cannot find a checklist for your PR status application.. everytime I search I only get results for PR Card, not PR status. I thought if i know what they are i can start getting them ready.
1. If I send my express entry profile in from Australia, once it's in am I able to come back here on a Vistor visa to wait to see if i am selected or will it be better for me to stay there?
2. does anyone know a min and a max on how long it takes to be selected if you are?
3. Why the hell did they change it so much? When I came here four years ago there was no express entry, it was if you spent enough time here and you if the criteria you can apply.. now it seems like its much harder to come here even if you've already been here. They've even changed the international experience canada for australians before that was just an application, now it's the same thing. You have to be picked from pools.
4. I also cannot find a checklist for your PR status application.. everytime I search I only get results for PR Card, not PR status. I thought if i know what they are i can start getting them ready.
1. You can visit Canada. No issues.
2. There's no min or max really. It all depends on how many points you have. The higher your points, the greater the chance you will be selected. If you have 490+ points, I would expect selection within two weeks for example.
3. Because people hated the old system and complained about it non-stop, processing took far too long (people were waiting years), there were caps (first come, first serve approach), etc., etc., etc.
4. Depends on how you are applying for PR. Canada has a number of different streams. For Express Entry, you will receive an electronic checklist one you are selected. Information is also available here: http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp. Additionally, there are many very active discussions you can read through in the Express Entry section of the forum, especially the first three that are pinned: http://www.canadavisa.com/canada-immigration-discussion-board/express-entry-expression-of-interest-b54.0/
2. There's no min or max really. It all depends on how many points you have. The higher your points, the greater the chance you will be selected. If you have 490+ points, I would expect selection within two weeks for example.
3. Because people hated the old system and complained about it non-stop, processing took far too long (people were waiting years), there were caps (first come, first serve approach), etc., etc., etc.
4. Depends on how you are applying for PR. Canada has a number of different streams. For Express Entry, you will receive an electronic checklist one you are selected. Information is also available here: http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp. Additionally, there are many very active discussions you can read through in the Express Entry section of the forum, especially the first three that are pinned: http://www.canadavisa.com/canada-immigration-discussion-board/express-entry-expression-of-interest-b54.0/
Just to add - if you haven't done so already, calculate how many Express Entry (CSR) points you think you have using this tool:
http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
If you tell us how many points you have we can guess if / when you may be selected under EE.
***EDIT: Make sure you select "no" as your answer to the question about whether you have a job offer in Canada since you don't have an LMIA.***
http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
If you tell us how many points you have we can guess if / when you may be selected under EE.
***EDIT: Make sure you select "no" as your answer to the question about whether you have a job offer in Canada since you don't have an LMIA.***
You can't claim any points for your common law partner's English, study or work experience since she is Canadian. You would only be able to claim points if she was immigrating with you.aambrose said:
486 is a decent score (obviously you'll need to take IELTS and get the results before you can apply - as well as have your education officially assessed if it was completed outside of Canada). With that score, you should be selected within 1-2 months of submitting your profile. Assuming processing will take 8-10 months.
Hopefully you're aware of the proof of funds requirement. Make sure you meet that as well.