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hermes.trismegistus

Joined: 08 Sep 2005
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Posted: Sat Aug 05, 2006 7:17 am Post subject: American needs work permit or permanent residence in Canada |
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Hey all! Not sure if this is the right spot to post...thought I'd give it a go!
I am Canadian, my fiance is American. We are currently teaching English here in South Korea, and want to organize his work permit, or his sponsorhip for coming to Canada.
I've checked the government websites, and they show that he can only get a work permit if he has a job offer in Canada. Also, organizing his sponsorship for permanent residence from Korea is problematic since we are coming to Canada in 6 months, and it seems to take MUCH longer to process... I KNOW that there must be some sort of alternatives for American citizens coming to work and live in Canada. I was thinking of getting a working holiday visa (since he is under 35), yet the gov't website didn't seem to have much info.
Does anyone have any advice??!!
Thanks a million  |
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K-in-C

Joined: 27 Mar 2003 Location: Heading somewhere
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Posted: Sat Aug 05, 2006 7:37 am Post subject: Adios |
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Well, maybe he could apply as a refugee or you both can seek advice on him coming over as a draft dodger. This is not meant as a sarcastic statement just a possible option. I of course am not an authority on immigration proceedures nor is it likely that anyone else on this forum is; however, someone else may have had the same experience.
Many Canadians would not want to give up one of our choice jobs for someone from another country. This might lead to yet another university educated Canadian having to fly over and put in some time on the ROK.
I hope it all comes together for you.
K |
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europe2seoul
Joined: 12 Sep 2005 Location: Seoul, Korea
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Posted: Sat Aug 05, 2006 7:44 am Post subject: Re: American needs work permit or permanent residence in Can |
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hermes.trismegistus wrote: |
Hey all! Not sure if this is the right spot to post...thought I'd give it a go!
I am Canadian, my fiance is American. We are currently teaching English here in South Korea, and want to organize his work permit, or his sponsorhip for coming to Canada.
I've checked the government websites, and they show that he can only get a work permit if he has a job offer in Canada. Also, organizing his sponsorship for permanent residence from Korea is problematic since we are coming to Canada in 6 months, and it seems to take MUCH longer to process... I KNOW that there must be some sort of alternatives for American citizens coming to work and live in Canada. I was thinking of getting a working holiday visa (since he is under 35), yet the gov't website didn't seem to have much info.
Does anyone have any advice??!!
Thanks a million  |
As far as I know according to NAFTA (North Atlantic Fair Trade Agreement) a Canadian citizen can work in USA but should apply and re-apply for a work authorization every year. Since its a two-way agreement I am sure opposite is true as well (American working in Canada). |
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ajgeddes

Joined: 28 Apr 2004 Location: Yongsan
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Posted: Sat Aug 05, 2006 8:20 am Post subject: Re: American needs work permit or permanent residence in Can |
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europe2seoul wrote: |
hermes.trismegistus wrote: |
Hey all! Not sure if this is the right spot to post...thought I'd give it a go!
I am Canadian, my fiance is American. We are currently teaching English here in South Korea, and want to organize his work permit, or his sponsorhip for coming to Canada.
I've checked the government websites, and they show that he can only get a work permit if he has a job offer in Canada. Also, organizing his sponsorship for permanent residence from Korea is problematic since we are coming to Canada in 6 months, and it seems to take MUCH longer to process... I KNOW that there must be some sort of alternatives for American citizens coming to work and live in Canada. I was thinking of getting a working holiday visa (since he is under 35), yet the gov't website didn't seem to have much info.
Does anyone have any advice??!!
Thanks a million  |
As far as I know according to NAFTA (North Atlantic Fair Trade Agreement) a Canadian citizen can work in USA but should apply and re-apply for a work authorization every year. Since its a two-way agreement I am sure opposite is true as well (American working in Canada). |
The problem is that it is not always easy to get that work permit. My friend who went to university in the USA had a terrible time getting a work VISA even though he had a job offer. They ended up passing on him because of it and just hired an American. The situation sucks sometimes and can often be long and drawn out. |
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poker player

Joined: 27 Sep 2004 Location: On the river
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Posted: Sat Aug 05, 2006 11:14 am Post subject: |
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The good news is that an American getting into Canda is a lot easier than a Canadian going to the US. In general, I know Americans can apply for landed immigrant status without a job but the waiting period is about 1 year. But you must apply for the LIS outside the country. However you need a visa to work in Canada without LIS and you need to get a job offer to get that.
So it looks as though the steps would be to apply for the LIS, come to Canada on a tourist visa, look for a job, get an offer which you need to get a visa which is for a period of time and then once the LIS comes through no visa is required.
But you need to go to the Canadian embassy in Seoul and get their advice and get the ball rolling.
Finally,marriage is a much quicker route but I'm sure you already have thought about that  |
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mindmetoo
Joined: 02 Feb 2004
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Posted: Sat Aug 05, 2006 4:07 pm Post subject: Re: American needs work permit or permanent residence in Can |
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europe2seoul wrote: |
As far as I know according to NAFTA (North Atlantic Fair Trade Agreement) a Canadian citizen can work in USA but should apply and re-apply for a work authorization every year. Since its a two-way agreement I am sure opposite is true as well (American working in Canada). |
That's terribly simplified. There's a TN visa (Treaty NAFTA) that allows for cross border work based on a limited number of professional occupations. One does have to have the job offer and the paper work has to be solid in most instances (insofar as trying to work south of the border... maybe Canadian immigration is more lenient). Further the TN visa does not allow one to apply for any kind of permanent resident status (duel intent). The one year nature of the visa implies one has an intent to work temporarily in the country. |
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cathenry
Joined: 28 Jul 2006
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Posted: Sat Aug 05, 2006 4:44 pm Post subject: |
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We're in the process of doing the same thing. The only the thing I can think of for you to do is to sponsor him yourself but like you said you will be going to Canada in 6 months and that wouldn't be enough time.
I know someone who received their Canadian permanent residency within 8 months. Maybe you could just stay in Korea a bit longer until it comes through since it might happen faster than you think or you could go ahead and he can join you when he receives his residency. Obviously not ideal situations but what can you do????
Also... make sure you have ALL the documents before you send off your package and start now. It's a huge pain. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sat Aug 05, 2006 7:23 pm Post subject: Re: American needs work permit or permanent residence in Can |
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hermes.trismegistus wrote: |
Hey all! Not sure if this is the right spot to post...thought I'd give it a go!
I am Canadian, my fiance is American. We are currently teaching English here in South Korea, and want to organize his work permit, or his sponsorhip for coming to Canada.
I've checked the government websites, and they show that he can only get a work permit if he has a job offer in Canada. Also, organizing his sponsorship for permanent residence from Korea is problematic since we are coming to Canada in 6 months, and it seems to take MUCH longer to process... I KNOW that there must be some sort of alternatives for American citizens coming to work and live in Canada. I was thinking of getting a working holiday visa (since he is under 35), yet the gov't website didn't seem to have much info.
Does anyone have any advice??!!
Thanks a million  |
Since he is American you have several options but need a couple answers.
Are you living together (common-law)? This is not meant to be too personal but does change the sponsorship rules. There is NO fiance visa to Canada. He will have to be in either the family class (married or common-law) or the skilled worker class.
If you have been living together for more than one year you can apply for family class sponsorship as a common-law couple. The processing time for this is about 4-6 months.
If you have NOT been living together for more than one year, he can go with you and complete the 1 year together then apply for landed status from within Canada.
If the application is made from within Canada AND once he has his AIP (approval in prinicpal) he can apply for a work permit (without restriction) and his SIN number. He can then live and work in Canada while waiting for his landed status to be formally approved. This takes about 3-6 months.
If you are NOT sure about a long term commitment (you are financially liable for him for 3 years after his landed status is approved) then just have him come with you as a reverse "snowbird". He can stay in Canada for up to 183 days per calendar year without restriction.
That gives you another 6 months to consider all things important. You can apply for his landed status anytime within that 6 months. He can also get an extension to his stay "visitor status" as your "common-law" while awaiting the pending application.
http://groups.yahoo.com/group/canadian_immigration/
http://www.geocities.com/canadian_immigration_club/
are GREAT resources for anyone looking to immigrate your SO (significant other) to Canada. They also can give you better answers than you are likely to get here. |
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hermes.trismegistus

Joined: 08 Sep 2005
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Posted: Mon Aug 07, 2006 5:18 pm Post subject: |
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Thanks for the info!
We have been living common-law for over a year.
Since we don't seem to have enough time to process his Permanent Residence from Korea, it seems it would be best to apply for it once we are back in Canada. What are our best options for getting him a work permit until his Permanent Residence goes through?
(I'm from Vancouver, and it's a DAMNED expensive, but beautiful place to live! we'll both need to be working so as not to piss all our savings in Korea away!) |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Aug 07, 2006 7:03 pm Post subject: |
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hermes.trismegistus wrote: |
Thanks for the info!
We have been living common-law for over a year.
Since we don't seem to have enough time to process his Permanent Residence from Korea, it seems it would be best to apply for it once we are back in Canada. What are our best options for getting him a work permit until his Permanent Residence goes through?
(I'm from Vancouver, and it's a DAMNED expensive, but beautiful place to live! we'll both need to be working so as not to piss all our savings in Korea away!) |
You can both go to Canada.
When you are there, you can apply for his sponsorship - takes about 30 days. Then they will process his IN-COUNTRY application as a landed immigrant.
You should get his AIP (approval in principle) in 30 -90 days after your sponsorship approval. When he has his AIP he can apply for his work permit and SIN card. This will allow him to work while waiting for his landed status (which can take up to 2 years for an in-country application).
In the Yahoo group that I mentioned above, you will get LOTS and LOTS of good advice about in-country processing for US citizens coming to Canada as family class migrants.
Note here:
+Out of country applications are considered PRIORITY in order to re-unite families. Wait times are between 3-6 months for processing.
+In-country applications are NOT prioritized and take AGES to complete (which is why they allow a work permit) while the applicant is waiting. He will have to go to the immigration office and mantain a "visitor status" stamp in his passport during the processing time. He MUST have legal status in Canada when it is time for him to become "LANDED". |
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europe2seoul
Joined: 12 Sep 2005 Location: Seoul, Korea
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Posted: Mon Aug 07, 2006 8:59 pm Post subject: |
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But, this person is your fiance. Why don't you just marry each other and speed up the process and all complications with it?
You are living together for a year now anyway. Simply do not get it why would you guys do it the hard way when there is an easier way. |
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canuckistan Mod Team


Joined: 17 Jun 2003 Location: Training future GS competitors.....
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Posted: Mon Aug 07, 2006 9:06 pm Post subject: |
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europe2seoul wrote: |
But, this person is your fiance. Why don't you just marry each other and speed up the process and all complications with it?
You are living together for a year now anyway. Simply do not get it why would you guys do it the hard way when there is an easier way. |
I say the same thing...given that the paperwork to emigrate as a spouse is just as much of a pain in the butt. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Aug 08, 2006 12:42 am Post subject: |
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europe2seoul wrote: |
But, this person is your fiance. Why don't you just marry each other and speed up the process and all complications with it?
You are living together for a year now anyway. Simply do not get it why would you guys do it the hard way when there is an easier way. |
The paperwork is identical if you are:
-common-law / living together for more than one year or
-if you are married.
In terms of a foreigner going to Canada with a Canadian partner there is NO difference between commonlaw and married.
There is also NO difference in the timeline for married or commonlaw.
The only difference is:
-if the application is made abroad (priority is given here to keep the family unit together or shorten the separation) or
-made when both are in Canada (longer wait and not high priority because they are already in Canada and together). |
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hermes.trismegistus

Joined: 08 Sep 2005
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Posted: Tue Aug 08, 2006 5:18 pm Post subject: |
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This all leads me to 2 questions.
1) If I apply for his sponsorship for his Permanent Residence once we get to Canada, what about if he wants to go to University (to complete his Master's)? Would he be allowed to study if he is approved in principle, before the PR goes through?
2) If we arrange a working holiday visa for him, so he can work right away in Vancouver, will that affect my sponsorpship of his PR? (so that he doesn't have to wait 3-6 months to work legally?)
3) If i apply for his Permanent Residence from Korea, do we have to stay in Korea until it is finished? Or can we head on into Canada and arrange for his interview in the USA (Seattle preferrably!)?
Thanks a million!!!! |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Aug 08, 2006 7:22 pm Post subject: |
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hermes.trismegistus wrote: |
This all leads me to 2 questions.
1) If I apply for his sponsorship for his Permanent Residence once we get to Canada, what about if he wants to go to University (to complete his Master's)? Would he be allowed to study if he is approved in principle, before the PR goes through?
2) If we arrange a working holiday visa for him, so he can work right away in Vancouver, will that affect my sponsorpship of his PR? (so that he doesn't have to wait 3-6 months to work legally?)
3) If i apply for his Permanent Residence from Korea, do we have to stay in Korea until it is finished? Or can we head on into Canada and arrange for his interview in the USA (Seattle preferrably!)?
Thanks a million!!!! |
1) yes, he can apply for a student permit once he is accepted to a program. He will pay tuition as a "foreign student". The cost will be about triple compared to waiting until he has his PR status.
2) There are only 10,000 working holiday visas issued each year. The competition opens in November, results announced in January and they are valid from March - March for entry. It would be faster to make your application for family class from here. He would have PR status before Valentines day.
Additionally, if you get him there on a working holiday visa and immediatly apply for PR on his arrival you will have committed visa fraud (using the TR visa for entry with the intention of short-cutting the requirements for in-country applications for family class.) This MAY cause problems with your family class application.
3) If you apply from here you will have to wait here until the application is complete (3-6 months). |
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