Trying to be with my S.O. Questions about what to do

[aiross13]

Hi all, just found this forum after many days and nights of searching for answers to my questions. As I have found out there is a lot that goes in to immigration to Canada and Ive found it a bit overwhelming at times trying to figure out the best way to do this.

A little background: I am currently in the United States, and will have to be here until mid October for work. My S.O. is a Canadian citizen who recently moved back, and the plan is for me to join her in October when Im done.

We arent married yet, but lived together for 2.5 years and can provide plenty of proof. So from what Ive read she can sponsor me for a permanent resident visa under common-law partnership, or if we get married as her spouse. I know I can enter Canada with my US passport without having to obtain a visa to do so, and stay for up to 6 months I believe.

Now for the stuff Im unclear about. Any information, guidance, or advice you can offer would be greatly appreciated.

Should I submit my application for a Permanent Resident Visa as a common-law partnership before entering? The timeline I find for processing the application is 13 months, so does having an application in process extend the amount of time I have to stay in Canada?

Does the fact that she is a citizen have any bearing on the amount of time I can stay?

How does this change, if at all, if we are married vs common-law partners? If i have already submitted the application, and then later get married is there a way to change the classification to spouse?

If none of this extends the amount of time I can stay, then I will have to apply for a Temporary Resident Visa, correct? About how long does this allow me to stay?

Do I need to do any of this before I enter Canada? If the temporary resident visa is my only way of staying longer than 6 months then I plan on completing and submitting the application within the next couple weeks.

How would I be able to work? Do I still need to apply for a work permit if married and the application for PR is still being processed? From what Ive read, i need to have gone to school and recieved a degree or certificate in a skilled trade to apply. The work I currently do is listed under the skilled trades, but i didnt go to school for it. If granted PR, am I then able to look for work freely, or do I still need a work permit since Im not a citizen?

Do I need to find an employer first before applying for a work permit, or can I obtain one and then find work?

I hope this was clear enough, I have been looking into this for a few weeks and it seems the more I read the more confusing it gets. I really just need someone to ask questions of and have it explained. Basically, I want to be with my s.o. and am looking to be in Canada in mid October. I dont want to have to leave again after Ive entered and weve reunited, these few months apart right now are hard enough. I dont know if we have to get married to give us the best chance or not. And Im not clear on whether Ill be able to work before the application is processed.


Thank you for any help you can offer!!

 

[opmama]

I can start you off until more experienced folks arrive.

In your shoes, I'd look at applying outland as soon as you can, based on common-law relationship. 2.5 years is plenty, assuming you have things like shared leases and bank accounts and utility bills for documentation. You could apply while you're still in the US. Times are running 8-10 months right now for that process, it looks like, and you could be a couple of months into that already when you go up there in October.

You can enter as a visitor (just be sure to say you're visiting while you wait for your PR, not moving), and you can extend your visitor status from inside Canada, or by leaving and re-entering. Common law or spouse shouldn't change this.

You can't work on visitor status. Once you have PR status, you're free to work without permits or anything else. (If you apply inland, you can get a work permit partway through the process, but lots of people have been waiting 8-9 months for that right now, so outland seems like a faster choice). You might be able to get a work permit in a skilled trade category, but that's outside what I know, sorry

 

[aiross13]

Thank you so much!

You said I could extend my visitor status from within Canada. Or by re-entering. First, how do I extend my visitor status? And second, as I understand it, as a visitor I can stay up to 6 months in a calendar year. If I left, I would have to wait another 6 months before returning. Is this not the case? Can I just leave for a couple days and go back? Is there a minimum amount of time I would have to stay in the US before returning?

Again, thank you.

 

[canuck_in_uk]

Lots of questions

- Simply because of the waiting times, I suggest you submit outland common-law as soon as you can. Having the outland app submitted has no bearing on your status in Canada or how long you are allowed to stay but it does seem to make it easier on a person entering Canada when they can show the border officer that they already have the PR app in process

- Her being a citizen doesn't matter

- Not much difference between married and common-law, except married don't have to have lived together for a year. You guys already qualify as common-law, so it doesn't really make a difference for you. If you submit a common-law app, it stays common-law. You cannot change it to married

- You cannot apply for a TRV, as you are visa-exempt. You can however extend your visitor status while in Canada. There are people on the forum who have been "visiting" Canada for several years.

- As said above, you can't get a TRV so you don't need to do anything before you enter Canada

- Yes, you would still need a work permit to work before you get PR no matter what. Once you are a PR, you have the right to live and work in the country

- You would need a job offer first to get a work permit


Think I hit everything . Have a look to see if you qualify under NAFTA to work.

 

[opmama]

You said I could extend my visitor status from within Canada. Or by re-entering. First, how do I extend my visitor status? And second, as I understand it, as a visitor I can stay up to 6 months in a calendar year. If I left, I would have to wait another 6 months before returning. Is this not the case? Can I just leave for a couple days and go back? Is there a minimum amount of time I would have to stay in the US before returning?

There are two separate issues. One is how long can you visit in terms of immigration. The other is residency for tax purposes, which is where the up to 6 months in a calendar year thing comes from - longer than that and Canada will want you for taxes (which isn't much of an issue if you aren't working).

For immigration purposes, you can go up in October as a visitor. You'll likely get passed through no problem, so long as you don't show up with all your possessions and say you're moving (just say that you're going to visit your girlfriend, you've applied for PR, and you want to visit her while you wait). They might give you a 12 month visitor stamp, but if not, you're good for 6 months. At the 5 month mark or so, you just apply for an extension (sorry, not sure where that link is at the moment, but it's been posted in this forum frequently). So you could stay in Canada the whole time the application is processing, so long as you extend your visitor status as needed. Or you can leave at the six month mark, "flagpole" (literally cross the border and then turn around and come back 3 minutes later) and re-enter as a visitor, re-setting your 6 month clock.

So basically, for Canadian-American couples with good proof of relationship, it's not hard to be together during the wait, so long as you can get by without working (or get a work permit).

 

[aiross13]

Awesome .. guys thank you so much for the advice. I can't tell you how nervous I've been, being unclear as to what I can or can't do. You have been a huge help!