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Would love some advice (new zealand)

Jacq

Newbie
Dec 1, 2009
2
0
Hello!
I am a Canadian citizen. My fiancée came to Canada from New Zealand on a Working Holiday program. When he applied for an extension to his visa, it was refused (I think he didn't provide all the information necessary? The refusal letter was confusing.) The letter said that his prospective employer needed to submit a document to Human Resources, but that doesn't make sense, as he's been employed for over 6 months through an English company, on contract. A gentlemen on the phone at 1-800-OCANADA told him he needed to apply for visitor status, and treat his job as a business trip. We're very confused... Because his work permit was refused, he has 90 days to apply for restoration of status (as of Nov 26th), but we're not sure what to do.
- What status would he be restoring? If they didn't renew his work visa, he can't restore his status as a worker, can he?
- If he needs to apply for a new visitor permit, that is an initial permit, isn't it? Because he was on the working holiday program before.
- Do we need to submit a common law decleration?
- Can you apply to restore your status AND apply for the new visa at the same time (same form) or do you have to apply to restore and then wait for an answer before applying for a new visa?
- If after this whole process if finished he is forced to go back to New Zealand, will this badly effect his future chances of coming back to Canada to live?
- Is there any way to contact a case worker or somebody at the government to walk you through this extension process step-by-step?
- The letter said to apply for restoration required a $350 fee. The money isn't the problem, but since a visitor permit is only $75, not $150 (working permit), do we need to pay the whole $350? The website says the fee is $200, but the letter says $350.

Additional information
- I am a Canadian citizen and full-time university student. I don't have the assets to sponsor him. In fact, HE is the one who has been paying the bills and supporting us both while I'm in school. If he is forced to leave, I will be unable to meet my living expenses.
- He is an animator that is contracted with a company in England since around March last year. But he pays income tax in Canada. The forms say "It is illegal to work without arequired work permit". But the person on the phone said that he is allowed to work for England as a visitor. How?
- We were not considered common law partners when he first applied to extend his visa, because the limit is 1 year of living together. However, we are considered Common-law now, because it has been over one year that we've been living together. We signed a 1 year lease in April to rent a house, does this prove our status as common law? He came to live with me from the moment he stepped off the airplane.

Any advice, opinions, options, or ideas, or ANYTHING you guys could offer would help a lot. We are really confused by this whole process and am having problems even knowing what questions to ask the people on the phone.
 

helios

Star Member
Oct 30, 2009
103
5
The work permit is denied since his current employer is not in Canada (unless I've misunderstood you). He does not require a work permit if the work is done for a foreign company and the company does not in turn provide the work to a Canadian customer base.

He may apply to extend his visitor visa status based on the grounds that you two have been living together.
 

Jacq

Newbie
Dec 1, 2009
2
0
Thanks so much for your help!

Is it worth beginning the process to sponsor him as a PR instead of a visitor visa? Or does he need the visitor visa in addition to the PR application while he stays in Canada?