Sponsorship/Work Permit

[farrelly]

I am US and my wife and two boys are Canadian; they are 4 months old and she stays home with them. We live in NYC. I have been looking for work in the Toronto area and may have found a job. I have read elsewhere on this board of people getting a work permit once the first stage of review is completed, and also that that stage tends to be completed quite expeditiously, less than a month, it seems. Can I rely on that happening in a reasonable time and receiving a work permit once the first stage is completed? I'd appreciate any thoughts on this.

Tim

[Boncuk]

Are you doing an inland sponsorship or an outland sponsorship?  From your post it's not clear if you have started or just beginning? If you clarify things we can help you out.

[farrelly]

I would like to do an inland application, as my understanding from the forum is you can only get an open work permit with an inland application. We have not started the process yet. We are both in NYC. I am close to receiving a job offer in Toronto for a job that I don't think will pass a labor review so I'm trying to figure out my options. So, here are my questions, breaking this all down:

1. I have seen people say it takes as long as 6 months for the first stage to be complete, but looking at the CIC website, it says the first stage is completed in Mississauga in 38 days. Am I confusing two different initial stages?

2. Is a work permit automatically issued at the end of the first stage if an application for one is filed at the time the sponsorhsip/PR is filed?

3. can I file an inland application if we remain in NYC, or would we have to be living in Canada?

 I searched the forum and found some information that was helpful but I havent' seen these items addressed directly.

Thanks!

[Leon]

If your wife sponsors you for PR, you can choose inland or outland sponsorship.  If you are still living in the US and she sponsors you for outland, the part that takes about a month is approving her as a sponsor.  That does not mean you get a work permit.  That means that your file will be sent to the US and continues to be processed there for a few more months, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#west  If you are lucky, you can have your PR in under 6 months and then you can work in Canada all you want, no work permit needed.

If you move to Canada first and then apply for inland, you could have first stage approval and work permit in 5-6 months but PR much later.

You could look into a NAFTA visa if your occupation is on their list, see http://www.canadavisa.com/nafta-temporary-work-permit-canada.html and it's supposed to be easy to get.

1. You are confusing the outland approval of sponsor with inland first stage, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res

2. If you apply inland, you would have to send a work permit application with your file.

3. You can not file for inland unless you are living in Canada.

However, inland is not really faster than outland and it does have drawbacks like you are not advised to leave Canada while it's in process and it can take you 1-2 years to get PR.  If something goes wrong with this application, you also don't have appeal rights although you could then apply outland.

[farrelly]

Thanks, that cleared things up for me.

Tim

[farrelly]

Thanks a million for the suggestion to the check the NAFTA list, Leon - I am a lawyer so there's no labor market opinion needed, I just apply for the permit! thanks very much!