CanEhDian85
New Member
Hello all! I need some legal answers quickly. I have been given the run around by my own government and Im sick of it. 
If any of you can give me some straight answers, it would be much appreciated.
Here is the situation:
My finance moved here (Ontario Canada) from California a little while ago. He is still within the 6 months that would classify him as a tourist. He has been searching for a job so he can get his work permit, and then move onto temporary resident status, in which would be the time we planned on getting married. He recieved an offer and his possible employer (to avoid confusion, the employer is Luke and my fiance is Graham) filled out all the paperwork and sent the application in. A week later, the HRSDC called and said the application was denied because " he (Luke) didnt do enough to hire a Canadian". Luke was outraged by this because he didnt want anyone else for the job. My fiance had the perfect availability for the job (a full time cell phone sales rep) in a city where university students dominate the job market and can only work part time. To this DAY Luke has NOT found anyone else for the job and told Graham that " the job will be open for you if you find another way". I have called my MP and asked if there is an appeal process for this. She said no but that Graham could get Luke to reapply and "re-evaluate" what he wrote on the first application to make it more likely that the HRSDC officer would approve the application. The three major credentials they look for are
1) why the employer wants an American over a Canadian and if the job is being taken away from any Canadians. Answer here is obviously no, since they are to this day looking for someone to fill that spot.
2) If the skills learned on the job can be passed on to Canadians by the American. Yes to this, seeing as he would be in a full time spot and would be training other Canadians on the new job.
3) If the job will solve a labour dispute. No, there is none.
So as you see in brief, my fiance should be able to get this permit!! Its distressing that he has been turned down, especially since I had faith in the NAFTA agreement, which says that citizens of the 3 member countries would be able to find a job easier in the other member countries than anywhere else in the world! This has NOT been easy for him by any means!!! He is trying to do this in a clean, legal way and they are rejecting him for bs reasons. He will try to apply again but is there ANY help you can offer?
If he is declined again, our last option is to get married here. I need to know what the steps are, step by painful step. I would like to know costs, documents, licenses so on so forth that are required. Times for processing would be an asset to know as well.
If we do not find an answer soon, he will have to go back to California at the end of October. Please help!
If any of you can give me some straight answers, it would be much appreciated.Here is the situation:
My finance moved here (Ontario Canada) from California a little while ago. He is still within the 6 months that would classify him as a tourist. He has been searching for a job so he can get his work permit, and then move onto temporary resident status, in which would be the time we planned on getting married. He recieved an offer and his possible employer (to avoid confusion, the employer is Luke and my fiance is Graham) filled out all the paperwork and sent the application in. A week later, the HRSDC called and said the application was denied because " he (Luke) didnt do enough to hire a Canadian". Luke was outraged by this because he didnt want anyone else for the job. My fiance had the perfect availability for the job (a full time cell phone sales rep) in a city where university students dominate the job market and can only work part time. To this DAY Luke has NOT found anyone else for the job and told Graham that " the job will be open for you if you find another way". I have called my MP and asked if there is an appeal process for this. She said no but that Graham could get Luke to reapply and "re-evaluate" what he wrote on the first application to make it more likely that the HRSDC officer would approve the application. The three major credentials they look for are
1) why the employer wants an American over a Canadian and if the job is being taken away from any Canadians. Answer here is obviously no, since they are to this day looking for someone to fill that spot.
2) If the skills learned on the job can be passed on to Canadians by the American. Yes to this, seeing as he would be in a full time spot and would be training other Canadians on the new job.
3) If the job will solve a labour dispute. No, there is none.
So as you see in brief, my fiance should be able to get this permit!! Its distressing that he has been turned down, especially since I had faith in the NAFTA agreement, which says that citizens of the 3 member countries would be able to find a job easier in the other member countries than anywhere else in the world! This has NOT been easy for him by any means!!! He is trying to do this in a clean, legal way and they are rejecting him for bs reasons. He will try to apply again but is there ANY help you can offer?
If he is declined again, our last option is to get married here. I need to know what the steps are, step by painful step. I would like to know costs, documents, licenses so on so forth that are required. Times for processing would be an asset to know as well.
If we do not find an answer soon, he will have to go back to California at the end of October. Please help!
