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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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Situation: I am a Canadian citizen, living in Canada. My boyfriend

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Situation: I am a Canadian citizen, living in Canada. My boyfriend is a Jamaican citizen, living in Jamaica. We lived together in Jamaica for 1 year. His application for a temporary (visitor visa) has been refused twice.
Question: If we get married in Jamaica, and then I sponsor him and we apply for him to become a Canadian permanent resident, when can he come to Canada?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

He can come when his PR status is approved.

That will take between 1.5 - 2 years unfortunately.

If he could get a job offer and a temporary work permit that would be faster.


What has to happen is this:

Your boyfriend's potential employer has to apply to the government for what is called a Labour Market Opinion (LMO). What this entails is the government reviewing the job market to ensure that there is a shortage of Canadians to fill your job. Your boyfriend cannot take a job away from a Canadian. So, he has to have a skill, or work experience, in an area where Canada needs workers and there aren't enough Canadians who have that skill or work experience.

If that's the case then the government will give the employer a positive LMO.

Then he can apply for the work permit.

He will need to prove your credentials and also need to undergo background, medical and criminal checks.

Here's the webpage that has all the information you will need including the forms and information about the fees:

http://www.cic.gc.ca/english/work/index.asp
Customer: replied 10 months ago.

Thank you for your answer. Just to clarify, does that mean that once we are married and we have submitted the sponsorship & PR application, he cannot apply for a temporary visa to visit me in Canada, even if he does not work here?

Expert:  Legal Ease replied 10 months ago.
They will not likely let him if they haven't so far because they just won't believe he is going to leave and they cannot allow him in permanently until he has his PR status.
Customer: replied 10 months ago.

Thanks Debra!


Just to confirm, even if we are married, he would only be able to come Canada once his PR application is completed in 1.5 - 2 years. The only other way he could come here sooner is by applying for a work permit - correct?

Expert:  Legal Ease replied 10 months ago.
That's probably the case simply because the law is that he cannot enter with the intention of remaining and it will be hard to convince CIC that he will go back to Jamaica if he can't do that now.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85425
Experience: Lawyer
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