# What are our options ?



## GRETZKY427 (Jan 5, 2013)

Hello my wife (27) and I (31) are from Australia and would like to work and live in Canada.

I have applied for the WHV and was approved (expire date 28th Feb 2014-the day i have to be out of Australia otherwise my WHV is not vaild after) but due personal reasons we will not be able to leave Australia by then.

I understand that if i do not leave Australia by then this that was my last chance, over the age requirement. But as my wife is only 27 and can apply for a WHV is there any options i can apply for besides a visitor visa to accompany her on her 2yrs in Canada ?

I have emailed some immigration lawyers to see what our options are, still to hear back.

My wife works in the Finance Sector (Creditor/Accounting) with 8yrs experience while im in the IT Sector (Deployment Engineer) with 4yrs experience along with 8.5yrs experience in the Retail Sector, are there any semi skilled or federal skilled visas we both could or one of us could apply for...even if one of us got through the other can be put down as the spouse anyway.

Any help would be most appreciated.


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## GRETZKY427 (Jan 5, 2013)

Touch base on this, as my wife will go over on a IEC WHV and myself on a visitor visa but extend every 6mths.

But also is there any issue in applying for work prior to leaving for Canada and if any respective job agencies want to interview me after my wife and i arriving in Canada possibly landing in a job is this allowed ?

I also have confirmatied via the CIC that while taking supporting documentation of our legal status over in Australia, proof of marriage, living arrangements, etc that i may still be able to accompany my wife on her IEC WHV even though i do not meet the age requirement.


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## thinkering (Apr 24, 2013)

GRETZKY427 said:


> Hello my wife (27) and I (31) are from Australia and would like to work and live in Canada.
> 
> I have emailed some immigration lawyers to see what our options are, still to hear back.


Usually indicative of no easy solution, or in the absence of a paid retainer agreement, the fact that most immigration lawyers and consultants who know their field never work for free.

From what you have described I'd estimate at least one hour of research and then another hour or two explaining all the potential options, risks, and possible pitfalls.

That's 3 hours work, for a reputable lawyer or consultant with a billable rate of at least 150 CAD, so the simple questions posed in an email has an actual cost of 450 CAD.

Most professional immigration representatives also know that inquiries like this are unlikely to pay for this without asking for some guarantee of visa approval. Guarantees are not ethical or realistic. This makes it not worthwhile to respond, usually.

So the response given to this email often comes from either immigration 'advisors' who may not be properly licensed or Ghost consultants, or inexperienced lawyers or consultants who say 'just do this, not a problem', putting your life plans at risk.

I appreciate I'm not giving you an answer here, just wanted to respond to why maybe you haven't heard back, and to be careful if you do.

Simple answer is chances are high visitor permission will not be approved for 2 year period, you may get work permit if your partner has qualifying job offer and pay stub and ongoing employment. As to how to maximize your chances of success, case specific factors, regulatory changes from this month affecting your situation, and an action plan and back up plan you can actually use, spend the money.


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## GRETZKY427 (Jan 5, 2013)

What if i can find a job that fits my occupation and/or my wife occupation on the NOC List then could we apply this way?


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## thinkering (Apr 24, 2013)

Short answer is no benefit without LMO unless your partner has high skilled work.

Long answer can only be provided if facts are known to the following...

Which NOC list: FSW LMO exempt NOCs, NOC level 0, A, B, or lower than NOC B? Province of destination, your partner's NOC, free trade agreement LMO exemptions, or LMO/work permit exempt positions all have an impact on the answer.

There is no easy answer...


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## GRETZKY427 (Jan 5, 2013)

Both her and my occupations come under NOC B on the Noc List.


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## thinkering (Apr 24, 2013)

If she secures a B level job, you may apply for PR status under a provincial nominee program with employer support. This may solve the problem permanently.

You can then also get an open work permit after nomination. And bridging open work permits to tie both of you over from IEC expiry until PR issuance. 

The options initially can seem endless, as well as the criteria and complications. One small detail and any option can be of the table.

It's highly specific, even the employer's history can affect your chances.

Best bet is to try find an employer willing to do the PNP nomination. If employer is not willing to so the paperwork, find an immigration representative who can do it on behalf of the employer, as long as employer is willing to sign.

Other option is CEC with 52 weeks level B at 30 hours per week.

There's more options, but these may get you started. Depending on budget, you can also study in Canada, giving your partner and you the chance for post graduate work permits after IEC expires and more chances for PR.


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## GRETZKY427 (Jan 5, 2013)

I did think of the study permit route but this would put us back budget wise so we have ruled this out.

I think ill just get my wife to apply for the IEC WHV and ill go over with her and just hope in that time she can secure worth within 6mths otherwsie ill come back home or extend my stay by another 6mths (visitor visa). I suppose the my honest option.

Although that im an Australian citizen i dont need to apply for a vistor visa (tourist).


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## Angou (Sep 24, 2013)

GRETZKY427 said:


> I did think of the study permit route but this would put us back budget wise so we have ruled this out.
> 
> I think ill just get my wife to apply for the IEC WHV and ill go over with her and just hope in that time she can secure worth within 6mths otherwsie ill come back home or extend my stay by another 6mths (visitor visa). I suppose the my honest option.
> 
> Although that im an Australian citizen i dont need to apply for a vistor visa (tourist).


Be careful. Although you are from a visa exempt country Canada requires visitors to have strong ties with their home country and to go back at the end of their visit. Going over with a wife who is staying for two years could raise red flags and its completely at the discretion of whichever border agent processes you as to whether you will be allowed in or not. Visa exempt doesn't mean its a free pass. 

The easiest course of action is for you to fly over just before the end of February, do your landing to activate your IEC visa, then go home until you are ready to go. You only need to get 52 weeks of working in to be potentially eligible to apply for Canadian Experience Class so losing part of your two years shouldn't be an issue.


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## GRETZKY427 (Jan 5, 2013)

Im in Australia its not like im in a European country or the US for that matter...a ticket from Australia to Canada (Toronto) is like $2500 plus accomodation just to activate my IEC WHV.

I understand what you are saying, if i was in alot closer country then i would be seems a waste of money to fly there, come back in a couple of days to just activate it. Its alot of money IMO.

I mean i still have 5mths till i have to go so if i can save up money by then see what happens.


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## Angou (Sep 24, 2013)

GRETZKY427 said:


> Im in Australia its not like im in a European country or the US for that matter...a ticket from Australia to Canada (Toronto) is like $2500 plus accomodation just to activate my IEC WHV.
> 
> I understand what you are saying, if i was in alot closer country then i would be seems a waste of money to fly there, come back in a couple of days to just activate it. Its alot of money IMO.
> 
> I mean i still have 5mths till i have to go so if i can save up money by then see what happens.


It is a lot of money but it would protect your ability to work and to stay. Moving to Canada, even on an IEC visa, isn't a cheap exercise and the minimum savings you need to show on arrival can easily disappear just in getting into an apartment. Health insurance is another expense you need to factor in before going. 

Whatever you choose to do, good luck. I hope it works out for you.


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## GRETZKY427 (Jan 5, 2013)

Will do Angou, ill certainly let you know how i went with this - you still be on this forum in 15-18mths time ? thats when we will be going over


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