Work permit help.Please!!!

[sponsoring]

Hi,

I'm Canadian citizen and my story or question is:
I live with my boyfriend and maybe soon I will purchase a business and it will be under my name.I would like to sponsor him but I guess it takes between 6 months to a year and I don't really want to wait for that timing since he is under tourist visa status.So I thought that maybe having my own business , he can apply for his work permit so we can plan a better wedding. Do you think if its faster to change his status?
Thank you for your help and time.

 

[eletyl]

technically it is illegal to apply for a work permit with intent of eventual immigration. if I remember correctly, when I got my work permit, I had to attest that I planned to leave after my work permit would expire. (at the time, it was the truth.. THEN I met my future husband here)

so if he "lies" and they catch him later during the immigration process, it could really backfire. also, as an employer, you would need to submit an LMO (labour market opinion), basically proving to the Canadian government that you could not find a Canadian to fill his job. I would not suggest lying or having alterior motives via this route.

if you and your boyfriend have been living together at least a year, you can file as common-law INLAND, and that would entitle him to an open work permit while he waits... but the wait will be longer than outland would have been. (and there are other drawbacks, like no right to appeal)

 

[scylla]

also, as an employer, you would need to submit an LMO (labour market opinion), basically proving to the Canadian government that you could not find a Canadian to fill his job.

She won't qualify to submit an LMO. Her business is too new and won't meet requirements.

This plan will only work if he can obtain a work permit without an LMO. To do that, he would have to qualify under NAFTA.

At least that's the only option I see...

 

[TIREDOFITALL]

I opened my business in 2008 and my husband has been out of status since and has been assisting me at the place of business.....is this an offence/violation ? I dont pay him.

 

[scylla]

I opened my business in 2008 and my husband has been out of status since and has been assisting me at the place of business.....is this an offence/violation ? I dont pay him.

Yes - that sounds like a violation of the rules.

Volunteering is only allowed if it's not a job you would pay someone to do. Helping with a business is a job you would pay someone to do.

 

[sponsoring]

Thanks for the replies but the business will not be new, it is an established and profitable business.
I would rather give the work for my future husband or giving it to a canadian? I guess in this situation , you choose your family member and I guess immigration is ok for that.
Hmmm the answers are really interesting

 

[scylla]

Thanks for the replies but the business will not be new, it is an established and profitable business.
I would rather give the work for my future husband or giving it to a canadian? I guess in this situation , you choose your family member and I guess immigration is ok for that.
Hmmm the answers are really interesting

Sorry - I misunderstood. I thought you were starting a new business.

Then you may be able to obtain an LMO for your husband (you need to obtain an approved LMO before he can apply for a work permit unless he falls into one of the NAFTA categories). Before you can submit the LMO for approval, you will first have to post the job on Canadian job boards for at least two weeks and prove that you could not find a Canadian to hire for the role.

More details about the LMO are available here:

http://www.cic.gc.ca/English/work/employers/lmo-basics.asp

I hope this information is helpful and good luck.

 

[eletyl]

I don't think it's "ok" to choose your future husband over a Canadian. it's cheating the LMO, which you will require. even if you don't get caught now, I am fairly certain you are risking getting caught later (when he does apply for permanent residence, they will investigate your history together).

 

[rjessome]

Immigration is NOT ok with that. And it is not "immigration" that decides whether or not you can hire a foreign worker. It is Service Canada. Their mandate is to protect the Canadian labour market. You CAN'T choose your future husband over a Canadian citizen or permanent resident. Nor can you "tailor" the job so that it will only fit your husband. That's not how the LMO process works nor it's intent. An LMO is intended to allow employers to hire foreign workers when NO Canadian citizen or permanent residents are willing and qualified to take the position. Even if you managed to get the LMO, your fiance would have to apply for a WP and show that he is qualified for the job. And yes, as someone pointed out, a WP is a temporary permit and the intention must be to leave Canada after it is finished.

Your fiance can apply to extend his visitor status and once you are married, you can apply to sponsor him. Or, if you have already lived together for 12 consecutive months, you can apply to sponsor him as a common-law partner.