Would our relationship be valid?

[Kahisys]

Hello everyone.

I am a french citizen wishing to make a new life in Canada. I've been trying to find as many solutions as I could, but being a college drop-out with only a low-pay self-employment work as background experiences hasn't been of much help in that way.
As so, I wanted to know if my relationship would be a valid element to apply for the Family Class Sponsorship.

My partner and I met online in November 2013 and we've been together since August 2014. We do not have any legal affiliation so to say, he is...well, just my boyfriend. We've lived together since I arrived in Canada, in August 2015.
With an enough amount of proofs (easy to get since a year of our relationship was online), would it be a valid element for application?

Thank you very much for your help.
Have a nice day!

 

[sashali78]

Hello everyone.

I am a french citizen wishing to make a new life in Canada. I've been trying to find as many solutions as I could, but being a college drop-out with only a low-pay self-employment work as background experiences hasn't been of much help in that way.
As so, I wanted to know if my relationship would be a valid element to apply for the Family Class Sponsorship.

My partner and I met online in November 2013 and we've been together since August 2014. We do not have any legal affiliation so to say, he is...well, just my boyfriend. We've lived together since I arrived in Canada, in August 2015.
With an enough amount of proofs (easy to get since a year of our relationship was online), would it be a valid element for application?

Thank you very much for your help.
Have a nice day!

You have to live together for a full year to be considered common-law for the spousal application. Alternatively you two can get married and apply as a married couple.

 

[Kahisys]

That's not really doable, considering I only have right now a touristic visa that lasts until February 2016, and the processing time to extend it exceeds this limit date.
And frankly I refuse to marry him for immigration. It's just not morally okay for me to do so.

There's also the fact that I need a job, I can't live off of my boyfriend's back like this. My family has been supporting me so far but it can't last this long. And since all I can do are retail jobs, I won't be given a work permit (I'm in NB and the economic situation doesn't allow foreigners to get retail jobs).

I'm...not really sure what to do at this point. I'm really running out of options.

 

[elokuu]

Unfortunately those are the only options you have. I think you should be able to stay in the country on "implied status" if you apply to extend your visitor status, even if the application isn't processed before your current status expires, but don't quote me on it. Another option (although obviously more demanding financially than just staying at home and not working) is going back to school in Canada - you'd be able to stay in the country on a study permit, and work 20 hours a week during semesters plus full time during scheduled breaks.

 

[SamHom]

Well, do you love him and want to be with forever and ever? If that's the case, you're no marrying him for immigration, even if that's possibly the reason that you're getting married now rather than in a few years from now.

Once you're married or have been living together for a year you can send in the sponsorship application. As long as you apply for a work permit or extended visitor visa at the same time, you're allowed to stay in the country while its being processed. You don't need to have your work permit or visitor visa before your current status expires - you'll be on "implied status".

There is currently a program, OWP, which means you would most likely be able to start work here just a couple of months after sending in the application.

 

[scylla]

That's not really doable, considering I only have right now a touristic visa that lasts until February 2016, and the processing time to extend it exceeds this limit date.

It's totally doable. You would just apply to extend your visitor status in Canada explaining that you are working on becoming common law. You will have implied status (i.e. can legally remain in Canada until a decision on the extension is made) provided you submit the extension application before your current stay expires. There are more forum members than we can count who have done just this. It's very common.

Anyway - if you want to be sponsored through family class, getting married or living together for a full and continuous year to become common law are your only two options.

If you're not willing to do either of those, you'll need to look into the options for immigrating on your own through an economic class such as Express Entry.

What you do is your choice.

 

[Kahisys]

Thank you all for your answers, first of all. I deeply appreciate to finally get answers somewhere, I can't say I've been lucky with it so far.
For example, this "implied status" situation. I spent weeks on official websites and never saw that. It's already a huge relief.

And no, studying here is not possible. It costs way too much, there's no way I can afford to study here. Back in France I already couldn't afford anything of that nature (thank you French government for making college 5€ a year), so it's even less possible here...

As for marrying him, I know beggars can't be choosers, but...if we gotta get married I want it to be a normal wedding. I don't want to do it so soon, not for this. I don't want to give an extended essay on the context of our relationship but it's just not an option, for me and for him.

I did look into the economic class options but they all require to be a skilled worker. All I ever did was helping the family business as a cashier and worked for over 4 years as an online independant video-maker. Can't say these experiences will be of any help.

 

[scylla]

You're right, based on the information you have provided, you don't meet the criteria for any of the economic classes.

If you don't want to get married yet - then that only leaves common law. You'll have to apply to extend your visit and remain here until August 2016 before you will be in a position to submit the sponsorship application.

As for working, you need a full time job offer and approved LMIA to apply for a work permit. And as you've already figured out, those are very difficult to obtain.

An option you should explore is the working holiday visa (IEC) program (assuming you are the right age). This allows you to work and live in Canada for a year or two without first obtaining an LMIA or finding an employer. Bad news is that it's closed for this year and won't reopen again until sometime around March next year. Other bad news is that spots are snapped up extremely quickly (within minutes of the program opening) and there's no guarantee you'll get one even if you want to apply. Info here: http://www.cic.gc.ca/english/work/iec/index.asp?country=fr&cat=wh

 

[Kahisys]

I actually did explore this possibility as many people directed me in this direction, however the website states as follow:

As of April 21, 2015, at 10:01 Eastern Daylight Time (EDT) (16:01 Paris time), the Working Holiday category (round three) category is closed to French citizens.

So yeah. Can't do that either. Nor can I afford to wait until March for a job, needless to say.

I've been looking for a full time job everywhere since I got here, but an association member mentioned that since the Province I'm currently in, New Brunswick, has a high rate of unemployment, they refuse work permits for retail jobs, as they prefer to leave those to Canadian citizens only.
They said that they'd only accept for a job that "only I can do, and no one else". The thing is, I don't see what a college drop-out can do that no one else can.

 

[scylla]

What you've been told about the LMIA process is correct. Before an employer can even apply for an LMIA, they must first advertise the job for a month to prove no Canadian could be found for the role (it's not just Canadian citizens - it's permanent residents as well). Once the employer has met this requirement, they submit the LMIA application along with a $1K fee for processing. Processing typically takes a few months. If the LMIA is approved, you can then obtain a work permit. However not all LMIAs are in fact approved, if the employment statistics for the region suggest the employer should have been able to find a Canadian for the role, the LMIA will generally be refused. It's generally easier to obtain LMIAs for highly skilled / specialized positions. Generally more difficult for lower skilled positions.

If you cannot afford to stay here without working, then it may make sense to return to France sooner rather than later and spend the next few months working and saving money there while waiting for the IEC program to reopen. Assuming you're able to secure a working holiday visa, you can work on becoming common law then (you'll have to start counting the 12 months again from scratch).

 

[Kahisys]

This really is my worst-case scenario.

I couldn't find any work in France either (many circumstances out of my reach made it impossible), and being separated from my partner for months is not a thing I think I can bare.
I don't think I can come back as soon as March if I go back to France. I'm not even sure when I could ever come back (those plane tickets are terribly expensive).

I appreciate everyone's answers. Seriously, I've been looking everywhere since August for answers, contacted immigration agents without getting any response, and an hour on a forum was all it took to get the information.
I think the money-related issues are a problem only I can solve.

Thank you everyone, and have a nice day.

 

[scylla]

Since money is an issue, be aware that you must show a bank balance of at least $2,500 to qualify for the working holiday visa / IEC.

 

[Kahisys]

Oh, alright. I'll keep that in mind (I'm just gonna keep everything in a note just in case).

Thank you again!

 

[SamHom]

Tell your man to come over to France! I love Canada but would probably take France over New Brunswick.

 

[Kahisys]

Tell your man to come over to France! I love Canada but would probably take France over New Brunswick.

Ahah! Nah, there is no way he'd want to live in France, and neither do I. New Brunswick isn't the best economically but France is just not an option.
I wanted to live in Canada even before meeting my boyfriend.