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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97935
Experience:  Lawyer
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I looking to move to Canada to be with my girlfriend but i`m

Customer Question

i looking to move to Canada to be with my girlfriend but i`m finding it hard to get a job offer with a LMIA , i`m an experienced general sales manager but i`m finding because i finished school early and have built a career for my self this is now effecting me getting into Canada , id like to know my options as we want to be together
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ontario
JA: Have you talked to a lawyer yet?
Customer: no not yet i have only just start the whole process 4 weeks ago and to be honest it is daunting
JA: Anything else you think the lawyer should know?
Customer: no my girlfriend is Canadian from birth
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Are you getting married to you girlfriend?

Have you lived together as common law spouses and if so for how long?

Customer: replied 8 months ago.
unfortunately she is still married and just started a divorce , and we have not lived together yet as i know it has to be 12 months together but that would be a tough ask without being able to work plus only a 6 month visitor visa
Expert:  Debra replied 8 months ago.

You are going to be in a bind for now. If you are not a skilled worker and if you cannot get a temporary work permit the only way you could come to Canada aside from being a visitor is if you came on a study permit. That would mean you would need an offer of enrolment from a school and then would have to attend full-time and could not work off campus for the first six months and even then only part-time. As well international student fees are very, very expensive.

It may mean that you have to wait until she is divorced and then marry and then she can sponsor you as her spouse.

Do you wee what i mean?

Customer: replied 8 months ago.
yeah so even though i`m an experienced manager in sales / retail / motor trade for over 23 yrs this gets me no wear !!! plus i want to work not sit around a do nothing
how long does a divorce in Canada take ?? if we decide to marry what does that allow me to do
Customer: replied 8 months ago.
also is the only way to get a temporary work permit by way of a LMIA
Expert:  Debra replied 8 months ago.

It really comes down to what Canada needs for employees.

If there are more than enough Canadians to do the job international workers are not going to be allowed to take those jobs away from Canadians.

If you get married and are in Canada waiting for the application to be processed then you can get an open work permit and work anywhere.

If she has been separated for a year she could potentially get the divorce in a couple of months.

If she can move to live with you and then you live together for a year that would work too.

Customer: replied 8 months ago.
unfortunately id need a job to be able to keep a house i have savings but we have spoke about me moving in with her but she only split 1 month ago after an mentally and verbally abusive relationship , so i guess we just have to stay apart for now until 1 i get a job offer which seems unlikely or until she is divorced so we can marryalso wont it be frowned upon if i just come over and marry and stay for sponsorship
Expert:  Debra replied 8 months ago.

I was suggesting she move to live with you so you could keep working.

If you are married she has a legal right to sponsor her spouse.

But getting into Canada to get married will be another issue as you cannot enter Canada with the intention of remaining there.

But once in Canada you can remain during the sponsorship even if you are here without legal status and even get the open work permit as Canada Immigration treats spousal sponsorship specially.

Customer: replied 8 months ago.
i don`t want to take her out of Canada she has a really good career , and i want to come to Canada as i love the country
so if i entered on a eta as i`m a UK citizen your saying we can marry and i get to stay straight away ?? how long after we are married can she sponsor me ?? , also if we have a child does that change things as she may be pregnant
Expert:  Debra replied 8 months ago.

As soon as you get married you can start the sponsorship application.

If you have a child together this will help. It will make you look more bona fide in terms of the marriage and as well you will get a full permanent residency status as opposed to a conditional one that would be conditional until you were a PR for two years.

Customer: replied 8 months ago.
is it true what i`ve read about all the pictures of us together we have to provide which in our case wont be many due to the shortness of our time together and live so far apart ?? also will they take a dim view if i`ve come in on a eta and got marriedthe last thing i want to do is go through this to find out i may have to leave my new wife and child !!!!
Expert:  Debra replied 8 months ago.

They won't. As I've said this is totally legitimate and they allow it all the time. She has a right to sponsor you.

Customer: replied 8 months ago.
Ok seems we only really have 1 choice , which is crazy i`m just nervous of doing it to get rejected that`s all
so how long does it take for me to get a work permit after we apply also what do we need in terms of paperwork etc
Expert:  Debra replied 8 months ago.

It will take a couple of months.

Customer: replied 8 months ago.
Ok is there anything else we need to know or do before we make any decisions regarding this as it is a massive decision so quick into our young relationship
Expert:  Debra replied 8 months ago.

Perhaps your girlfriend can consult with an immigration lawyer face to face first?

Customer: replied 8 months ago.
Expert:  Debra replied 8 months ago.
Have a fully answered your question?
Customer: replied 8 months ago.
i think so , although the process seems floored and just encourages people to manipulate the system
Expert:  Debra replied 8 months ago.
The system is not great. But, in your case you should be able to be fine once you become spouses.

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