Tried Express Entry, Investigated Conjugal, What Next?

[TrailRunner]

Hi, I'm hoping you guys will be able to help us out and point me in the right direction.

Background:
I'm British living in the UK, my girlfriend is Candian living in BC. We met when I was on holiday in Canada, we've been in a relationship for about 20 months. I want to move to Canada so we can live together. I'm 38, I work in an IT management job. We don't have any children and we are not married.

What we've tried so far:
I've made 2 applications for Express Entry but both times I fall short of minimum criteria, only by a few points I believe. I sat the IELTS test twice and achieved a perfect score of 9 the second time around, this still didn't help with my second Express Entry application. My education qualifications are all professional (Microsoft) so not eligible for an educational credential assessment, this is why I fall short of the minimum criteria for Express Entry. This seems to be a dead end option.

We have looked into conjugal sponsorship, while there are some blockers to me not being able to spend 12 months living in Canada to achieve common-law they are related to me not being able to work in that time if I have an extended tourist visa, so financial reasons etc. There is no legal or cultural reason why we couldn't get married, we just don't want to be forced to marry sooner than we normally would have just to make a case for my immigration, so conjugal sponsorship or family class after getting married doesn't seem like it will work for us either.

Where do we go from here?
I'm happy to move to Canada, we both are in a committed relationship, we are happy to live together for a year to gain common-law status. We don't want to rush into getting married. I could get an extended visa and stay for a year as a tourist, but I would rather work and support myself, I don't want to be hanging around not being productive for a year. I'm not sure we could afford to do this anyway, living on one wage. All the holiday working visa options seem to be for younger people.

Are there any options we've not explored? Is there a way I could get a working visa or work permit? My job role is on the list or careers Canada wants right now. It seems every option we look at is another dead end.

 

[scylla]

If you haven't done so already, look into the Provincial Nominee program for the province your girlfriend lives in and see if you might qualify for that.

Another option would be to secure a full time job offer in Canada along with an approved LMIA from an employer so that you can move here on a closed work permit. Although this tends to be extremely difficult to do since the majority of employers aren't willing to go through the LMIA process. Additionally, it will probably be very difficult to prove that a Canadian couldn't be found for an open IT role (this is required to get the LMIA approved). However there's certainly nothing stopping you from trying to find an employer willing to get a job offer and able to get an approved LMIA.

Based on the information you've provided, your most realistic options are to either get married or live together with your girlfriend for a full year so that she can sponsor you for PR. BTW: You're right - you're too old for a working holiday visa and don't qualify for conjugal sponsorship.

 

[TrailRunner]

I've looked at all the different categories in the BC Provincial Nominee program. More dead ends unfortunately. I either need to already meet the federal Express Entry criteria, or have a valid job offer. I've been looking for jobs and have put in a few applications, I'm not holding out much hope for this approach as I know if it were me sifting the resumes I would pass over the one from a foreigner not already in the country, it would likely cause me a pile of paperwork I didn't need! So Provincial Nominee is a no go. I'll keep looking for jobs and applying, but won't pin my hopes on it.

Are there a few good job sites you know of where prospective employers are more open to the LMIA process in the staff they are looking for?

We're happy to live together, its just the work restriction I'm going to struggle with. Living costs money, I don't have piles of cash to draw from and would much rather be working and paying my way. Are there any other option for a work permit, perhaps if I get an extended tourist visa can I also apply for a work permit? I'm interested in doing some study to get into the fitness industry, I believe a study permit can also have an element to it that allows work to be undertaken alongside studying, to help support one's studies, any ground here worth investigating?

 

[scylla]

There aren't any specific websites that cater to employers who are more open to the LMIA process. You have to go through the regular job sites such as indeed, linkedin, monster, etc.

No - an extended visa does not allow you to apply for an open work permit. Again, you need a job offer and approved LMIA to qualify for a closed work permit. What you read about is the allowance for open work permits for those who are on TRPs. A TRP is a very special class of permit for those who are inadmissible to Canada typically due to a crime. You don't qualify for one. It's not for regular visitors.

If you take up full time studies in Canada under a study permit, then you would be able to work off campus for up to 20 hours per week. You must be attending a recognized school and program to qualify (a simple fitness course won't qualify). Also, to get the study permit approved, what you plan to study in Canada must make sense in light of your previous experience and education - so you would need to go with a diploma or degree in IT. Studying as an international student in Canada is very expensive. What you make working part time won't cover your tuition. So if money is a concern, the study permit option will cost more money than it saves.

 

[Buletruck]

Are there any opportunities for you to work remotely for a UK company? If you could do that you could travel as a visitor, work remotely in Canada (no Canadian income) and apply for an extension at 6 months. You would have your 1 year common law at that time and she could sponsor you as a PR.

 

[scylla]

Are there any opportunities for you to work remotely for a UK company? If you could do that you could travel as a visitor, work remotely in Canada (no Canadian income) and apply for an extension at 6 months. You would have your 1 year common law at that time and she could sponsor you as a PR.

Also - none of the customers / clients can be Canadian.

 

[TrailRunner]

It's looking like a remote working job for a British company might be the way to go. I'll look into this in a bit more detail and see what I can find.

Hypothetically, if I did meet the criteria to apply for a temporary resident permit, is this a fairly complex and likely to end in a dead end process or are most TRPs approved? A few skeletons in the closet could possibly make this an option. A TRP would give me the opportunity to work in Canada in the first year, but is there a limit on the number of work permits issued in this category? That's what I took from your previous post.

 

[scylla]

TRPs are certainly not all approved. You need to have a pressing need to be in Canada (e.g. terminally ill parent in Canada) - which you don't really have. If you need a TRP, this means you're inadmissible to Canada. Being inadmissible creates a number of challenges and will complicate the process of moving to Canada (you would then likely need to go through the rehab process before you can re-enter Canada which can take quite some time to complete).

Have you already obtained an ETA? If so, you don't have inadmissibility issues and don't qualify for a TRP.

 

[Rob_TO]

Agreed, you will not be eligible for a TRP as that is for very unique situations which don't apply to you.

Common-law seems to be your best route, considering you don't want to get married at this point. You are correct that a conjugal app also does not apply to you so should not even be considered.

If you can get a job that you can work remotely from, that would be ideal since no work permit is required as long as payments are coming from a source outside Canada and you have no direct Canadian clients. Else you can go the LMIA route with a Canadian employer.

Alternatively you don't need to spend the entire 12 months in Canada to qualify as common-law. You can live in any number of places in the world, so long as the time cohabiting is continuous. So you could spend 6 months living in Canada, and then both move to UK to live another 6 months to qualify as common-law. Or you could qualify entirely by living in UK. Of course this would be up to her situation and employment as well.

If you are unable to go the LMIA or remote work route, your partner is not able to move to the UK, and you can't stay in Canada over 1 year without working to qualify as common-law... then really the only option left is to get married and apply for PR that way.

 

[TrailRunner]

I do have a valid ETA, but its good to get your advice on all areas. Thank you guys for all your help. I think the way ahead is significantly clearer than it has been to date! There is a lot of conflicting and incomplete information online, its good to get some clarity on what is and is not an option for us.