Hey Canadians! SWAP Program?

[Riyko]

Okay last question I swear, since you seem knowledgable on the subject seeing as you've immigrated and also lived in Canada. Since you said those circumstances don't apply to me, do you think there is a better (even if only vaguely) chance of being able to work for an employer and have them end up sponsoring me on? Does this happen? I'd like to look for a job in my field when I'm there, even if it's outside of Toronto directly. I just don't know how common an occurrence this is. Also, can Visa's generally be extended? If so, what are the criteria? I have looked up the information myself of course, but there's so much of it it gets jumbled in my head sometimes!

Any questions you have feel free to ask them, i'm more then willing to answer them. There is a small chance a company will really like you enough to want to sponsor you to work up in Canada after the SWAP work permit expires and you'll get a new work permit from the company, but it all really depends on what the company knows about your work permit outside of looking at the permit itself (the permit will show when it was issued and when it expires, then they'll most likely put a note at the bottom of the permit that says what the permit is for so in your case it'll probably say SWAP work permit). Occasionally companies will sponsor someone they want to keep, it's one of those they do happen, but once in a blue moon type situation.

Visa's can be extended, you just need to do all the paperwork and send in the fees before your initial visa expires, with the SWAP work permit and what i've read about SWAP it doesn't sound like a permit you can extend, but you could always email CIC and ask about before your SWAP permit expires if you can switch it over to a regular work permit, they might allow you to change your status (for me the process was study permit > study and work permit > Post graduate work permit (you can only get this permit if you graduated for a college/uni in canada) > Permanent Residency visa > Citizenship, they require 5 years living in canada before applying for citizenship, but i got lucky and because my grandpa and mom are both canadian citizens they let me apply for citizenship early)

[Secrecy]

SWAP will issue you a Certificate of Participation for the Work in Canada program. Upon arrival at a Canadian port of entry (planes, trains or automobiles) you will present this certificate to Canadian Immigration along with valid identification (your American passport ideally or birth certificate with photo ID). The Canadian immigration officer will then issue your Canadian Work permit. This permit is called an Open Employment Authorization which is valid for up to 12 months and allows you to work and travel anywhere in Canada (except in the fields of childcare, healthcare and education of children).

Thank you so much for that! It helps in doing the research for the kind of Visa I'll exactly be holding through SWAP.

I was going along the lines of what silvermoonfairy3 was saying about just trying to find a job in canada before moving up there, if you go through SWAP you'll get a work permit and a temp SIN so it wouldn't apply for you at all. What I was saying just means that if you don't have a degree you'd need to find a company in Canada who'd be willing to sponsor you and most won't as it's too much of a hassle to go through the visa process for the company, plus in Canada they have to prove that there is absolutely no other candidate they've interviewed who has applied for the job that is qualified for the same job a foreigner has (if you have a work permit this doesn't apply, it's just for those who don't).

Okay last question I swear, since you seem knowledgable on the subject seeing as you've immigrated and also lived in Canada. Since you said those circumstances don't apply to me, do you think there is a better (even if only vaguely) chance of being able to work for an employer and have them end up sponsoring me on? Does this happen? I'd like to look for a job in my field when I'm there, even if it's outside of Toronto directly. I just don't know how common an occurrence this is. Also, can Visa's generally be extended? If so, what are the criteria? I have looked up the information myself of course, but there's so much of it it gets jumbled in my head sometimes!

[Riyko]

Riyko, from what I understand, you do get a SIN when you apply for SWAP - it's one of the things that makes you eligible to work in the country. Since you've been through the whole shebang, what do you mean most companies wouldn't be willing to sponsor you to work for them if you already have authorization to work in Canada? Do you mean to say that if I arrive for that year to work in Canada, that it's highly unlikely of me to find a company that is like: "We like you - we want to extend your visa/have you apply for a work visa so you can permanently work with us?" Again, I'm less familiar with how that would work as I have done less extensive research on work visas, but it was more of my priority to go up there for the year and actually look for a job that might be willing to sponsor me and hire me on (as a second option if common-law doesn't work out, which because of what BabyGund said, looks like it may not). But because of what you're saying, that won't be likely possible because of the circumstances I fall into? I like other people's experiences about this kind of thing.

Again, I know common-law isn't just about living together - it's about living together in a committed relationship and essentially living together as if you are married. We just wanted to be able to live together in a committed relationship while the subject of actually legally tying the knot and getting the certificate and maybe having a big florally wedding and the whole nine yards happens more naturally, not across borders. (No offense to anyone who did it this way, because that's totally cool! We just preferred it this way.) But now I'm not entirely sure if anything BUT that is possible - I suppose if nothing else, living together straight for a whole year (since I still do plan to do the SWAP program) will be a good way to testing waters while we breach the subject of that.

I was going along the lines of what silvermoonfairy3 was saying about just trying to find a job in canada before moving up there, if you go through SWAP you'll get a work permit and a temp SIN so it wouldn't apply for you at all. What I was saying just means that if you don't have a degree you'd need to find a company in Canada who'd be willing to sponsor you and most won't as it's too much of a hassle to go through the visa process for the company, plus in Canada they have to prove that there is absolutely no other candidate they've interviewed who has applied for the job that is qualified for the same job a foreigner has (if you have a work permit this doesn't apply, it's just for those who don't).

[BabyGund]

Also, somewhat related to the subject, does anyone know exactly what Visa is issued when going through the SWAP program? I can't recall if I've ever seen it listed anywhere. Sorry for the overabundance of questions, but I'm just trying to get all my ducks in order and see what my options are.

SWAP will issue you a Certificate of Participation for the Work in Canada program. Upon arrival at a Canadian port of entry (planes, trains or automobiles) you will present this certificate to Canadian Immigration along with valid identification (your American passport ideally or birth certificate with photo ID). The Canadian immigration officer will then issue your Canadian Work permit. This permit is called an Open Employment Authorization which is valid for up to 12 months and allows you to work and travel anywhere in Canada (except in the fields of childcare, healthcare and education of children).

[BabyGund]

Out of curiosity, I know that your SO had too many job ties to Canada to up and leave, but let's say theoretically if he had been able to, how would he have planned to legally come down for the year?

Sorry, I didn't explain that better. He's an engineer, Ph.D -- he could get a consulting gig very easily here. However, it would mean him giving up a lot of benefits as he's been with his company 25 years. He'll be retiring in 5 years (well 4 now, since 2014 is almost here) and at that point, we'll have a lot more options. We could live 6 months here and 6 months there.

[Secrecy]

I'm sorry if I took it the wrong way. I was going by how I was advised.

I don't think if you have to live in a common law state here in order for it to be recognized in Canada. If you just live together here for a year, that would be enough to qualify. We weren't planning to live in a common law state and the attorney offered it as a possibility.

Oh no, I meant as for HIM immigrating to the USA instead of the me immigrating to Canada, common law doesn't work the same. I verified that by doing a bit of research.

Out of curiosity, I know that your SO had too many job ties to Canada to up and leave, but let's say theoretically if he had been able to, how would he have planned to legally come down for the year? Again my boyfriend has no schooling behind him (besides highschool obviously), so he can't come down on any fancy programs like SWAP or anything like I want to do going up there - I would imagine that would make it increasingly hard for him to find any job to sponsor him down here too, because from what I understand, in the States, you essentially need a job offer right off the bat before you can even think of being able to legally come and work/reside here. Job offer or married, one or the other, even for SWAP. (There's a Canada-to-USA SWAP program much like what I want to take, but obviously you need to be in school and also in order to get the work Visa, it looks like you need to have a job/internship/studies lined up before you can come down here, whereas me going to Canada, I can just get the Visa and go up there and THEN begin looking for a job. It's why I want to go up to Canada as, from what I can tell, their immigration/temporary work policies are more lax than here in the States.)

Also, somewhat related to the subject, does anyone know exactly what Visa is issued when going through the SWAP program? I can't recall if I've ever seen it listed anywhere. Sorry for the overabundance of questions, but I'm just trying to get all my ducks in order and see what my options are.

[BabyGund]

I'm sorry if I took it the wrong way. I was going by how I was advised.

I don't think if you have to live in a common law state here in order for it to be recognized in Canada. If you just live together here for a year, that would be enough to qualify. We weren't planning to live in a common law state and the attorney offered it as a possibility.

[Secrecy]

I'm sorry if it did come off as snarky I was just trying to be clear that it doesn't actually exist in Canada and that it's term people use colloquially. But in reality common law partnerships do not have the same rights as married spouses. I was just trying to clarify as it may make your search easier as well.

In the United States, "common law marriage" is used to define what is considered a common law relationship. Is it possible for you too have your So move out to you?

Yes and no. Only nine states out of the fifty recognize common law relationships in the United States. That being said, I AM lucky enough to be living next to two states (only about ten minutes away from one, actually) where common law relationships exist. However, I am not sure the leverage of using that as a means to be able to immigrate though... The laws on it are kind of... Wishy-washy? It's been hard for me to find definitive answers on it online, and to be honest, I haven't done a ton of extensive research on it because, from my understanding, it may as well not exist here.

[digitalfever]

Right! I knew you could sponsor from outside of Canada, but that is - and pardon me if I am being daft - where I am getting a little bit confused. So you say if I go up to Toronto, which is my original plan, I would need to live together for at least three years per provincial jurisdiction. If HE comes down HERE, because that three-year rule doesn't apply, he could live in the states for a year, as the law says, and be able to sponsor me when he moves back to Toronto? I mean that's an option (if I am understanding it correctly), though my boyfriend has no schooling behind his belt or anything so I'm not sure how he'd be able to live down here for a year legally, anyways.

Also, I don't think digitalfever was trying to be snarky or anything in her use of "common law partnerships" versus "common law marriages." I think she was just trying to keep it clear for me by essentially saying that aside from in BC, I believe, common law partnerships do not, 100%, side by side, have equal rights as marriage does, so they are not definitively the same. (such as I cannot live with my boyfriend for however long I need to and suddenly I am married. I am in a common law relationship, not the same.) I mean I think the term is interchangeable though, as I see it used that way in my research, so I can understand where you're coming from!

I'm sorry if it did come off as snarky I was just trying to be clear that it doesn't actually exist in Canada and that it's term people use colloquially. But in reality common law partnerships do not have the same rights as married spouses. I was just trying to clarify as it may make your search easier as well.

In the United States, "common law marriage" is used to define what is considered a common law relationship. Is it possible for you too have your So move out to you?

[Secrecy]

Because you can incur the one year anywhere, not just in Canada. One of the options the attorney offered was my SO moving here and us living here in the States for one year, and then he could sponsor me as common law marriage (the term the attorney used - maybe he was making it easier for the dumb American to understand). But my SO has a very good job with union benefits that he couldn't just up and leave to move to the States.

Right! I knew you could sponsor from outside of Canada, but that is - and pardon me if I am being daft - where I am getting a little bit confused. So you say if I go up to Toronto, which is my original plan, I would need to live together for at least three years per provincial jurisdiction. If HE comes down HERE, because that three-year rule doesn't apply, he could live in the states for a year, as the law says, and be able to sponsor me when he moves back to Toronto? I mean that's an option (if I am understanding it correctly), though my boyfriend has no schooling behind his belt or anything so I'm not sure how he'd be able to live down here for a year legally, anyways.

Also, I don't think digitalfever was trying to be snarky or anything in her use of "common law partnerships" versus "common law marriages." I think she was just trying to keep it clear for me by essentially saying that aside from in BC, I believe, common law partnerships do not, 100%, side by side, have equal rights as marriage does, so they are not definitively the same. (such as I cannot live with my boyfriend for however long I need to and suddenly I am married. I am in a common law relationship, not the same.) I mean I think the term is interchangeable though, as I see it used that way in my research, so I can understand where you're coming from!

[BabyGund]

I guess I just don't understand why the CIC wouldn't better include that it differs for each province. I mean maybe it does and I wasn't looking in the right place, but every documentation I read constantly stated: "At least a year, at least a year, at least a year." Are they implying by saying "at least" that it will be no less than a year and possibly greater, due to provincial differences? Bleh, I wish I had taken the chance to study in Canada when I was thinking about it.

Because you can incur the one year anywhere, not just in Canada. One of the options the attorney offered was my SO moving here and us living here in the States for one year, and then he could sponsor me as common law marriage (the term the attorney used - maybe he was making it easier for the dumb American to understand). But my SO has a very good job with union benefits that he couldn't just up and leave to move to the States.

[Secrecy]

"Common law marriages" do not exist in Canada they are called common law relationships or common law partnerships. In Ontario, she would need to be living with her partner for three continuous years and the relationship will have to meet the 7 factors.

I don't think this visa is a "good" idea on its own. I think setting up a mutual back account, having financial records in both of your names, regular visits and the like combined with this visa is a better idea.

Right, this is exactly what I thought via my research on the subject. I mean they are not marriages - aside from I think maybe in British Columbia, they are not exactly the same concept. This is why we preferred one over the other. When you say "this visa," do you mean common law partnership or the SWAP program? Regardless of which you meant, we still planned on combining some of our assets together while I am living there just to make things more convincing just in case some holy miracle happened and I was legally able to stay in Toronto for three years or something.

I guess I just don't understand why the CIC wouldn't better include that it differs for each province. I mean maybe it does and I wasn't looking in the right place, but every documentation I read constantly stated: "At least a year, at least a year, at least a year." Are they implying by saying "at least" that it will be no less than a year and possibly greater, due to provincial differences? Bleh, I wish I had taken the chance to study in Canada when I was thinking about it.

[BabyGund]

"Common law marriages" do not exist in Canada they are called common law relationships or common law partnerships. In Ontario, she would need to be living with her partner for three continuous years and the relationship will have to meet the 7 factors.

Semantics. Really? Gonna quabble over "marriage" vs "relationship"? They have the same rights and responsibilities, except for property division when the couple breaks up or "divorces".

[digitalfever]

In Ontario, it does exist...I consulted with an immigration attorney during my visit with SO. And yes, the provinces have different reqirements. In Saskatchewan, you can be legally married to one and common law married to another. You could have two spouses, technically.

I think the SWAP program is great -- you'll be able to see your SO and also see if immigrating to Canada is for you. But you'll have to leave at the end of the 12 months and come back. I don't know how long you would have to wait to come back though.

"Common law marriages" do not exist in Canada they are called common law relationships or common law partnerships. In Ontario, she would need to be living with her partner for three continuous years and the relationship will have to meet the 7 factors.

I don't think this visa is a "good" idea on its own. I think setting up a mutual back account, having financial records in both of your names, regular visits and the like combined with this visa is a better idea.

[BabyGund]

In Ontario (provinces have different laws) common law doesn't actually exist while in provinces such as BC couples have the same rights as married couples after they meet certain requirements. This is because common law relationships fall under provincial jurisdiction and therefore each province decides what defines a common law relationship. So you really need to do your research before you try to go this route as the rules differ from jurisdiction to jurisdiction.

In Ontario, it does exist...I consulted with an immigration attorney during my visit with SO. And yes, the provinces have different reqirements. In Saskatchewan, you can be legally married to one and common law married to another. You could have two spouses, technically.

I think the SWAP program is great -- you'll be able to see your SO and also see if immigrating to Canada is for you. But you'll have to leave at the end of the 12 months and come back. I don't know how long you would have to wait to come back though.