Sponsoring a spouse who is working in the US with H1B for PR

[hi316hi]

Hello everyone, I am new to the forum and was wondering if I could some insights into how to go about sponsoring a spouse for Canadian permanent residency when she is currently working in the US with H1B.

Here's my backstory:

I am a Canadian citizen who is currently working in the US with my TN visa as a dentist. I met my wife (South Korean, also working as a dentist with her new H1B which will be valid until 2020) here and got married last year in the city hall in Boston (so I have a valid marriage certificate from June 2016). We are both licensed to practice dentistry in the US, and are yet to take Canadian licensure exam which is going to happen in 2018. Our wish is eventually to go back to Canada to settle and practice dentistry there.

So my question is: Is there anything I could do to kick-start her application for Canadian PR so that when we do decide to move back in 1-2 years, there's not going to be any delays in the immigration which would prevent her from working right away? I understand that I also have to apply to be a legal sponsor for her PR application. What steps will I have to take, and are those steps the ones I can take now while in the US rather than later?

I would really appreciate any inputs/ideas regarding this matter, and I apologize in advance if this thread is not appropriate for this specific forum (If it is, please direct me to the right one, thanks!)

Thank you!

 

[bafonso]

This is very common. Yes you can start the process as Outland but you cannot simply apply without showing clear intent of returning within 1 year or so given that you need to show proof of wanting to return.

You should get ready to accept that you cannot time your spouse life based on getting pr since you cannot control how long it will take. Seems like apps are getting done before one year but delays can happen if you do not have a clear job offer or other ways of convincing cic you have a plan to return. The bottom line is that it's very likely she will be in Canada not working while waiting for the process to finish or you can wait it out in us while convincing cic that you will come to Canada.

 

[hi316hi]

Thank you so much for your reply!

Is it still possible for her to come to Canada first and initiate PR application then as long as I (Canadian) can prove to cic is that I have a job in Canada and can support her financially until she gets her PR and work permit? OR can I initiate the application now (while in the US) but you are saying she needs to first have a job offer from Canada to do so?

The part I am not sure is “it’s very likely she will be in Canada not working while waiting for the process to finish.” What status will she be in while waiting for Her PR process to finish? Is it even legal for her to come to Canada as a visitor and initiate PR app process? (Because the visitor visa is usually 6 months long but the application usually takes at least a year). She would rather get PR first to be in Canada AND then look for a position while she is physically in the country if there is no other option...

I am so sorry for the lengthy post, and appreciate in advance for any answers.

Thank you!!

 

[Rob_TO]

Thank you so much for your reply!

Is it still possible for her to come to Canada first and initiate PR application then as long as I (Canadian) can prove to cic is that I have a job in Canada and can support her financially until she gets her PR and work permit? OR can I initiate the application now (while in the US) but you are saying she needs to first have a job offer from Canada to do so?

The part I am not sure is “it’s very likely she will be in Canada not working while waiting for the process to finish.” What status will she be in while waiting for Her PR process to finish? Is it even legal for her to come to Canada as a visitor and initiate PR app process? (Because the visitor visa is usually 6 months long but the application usually takes at least a year). She would rather get PR first to be in Canada AND then look for a position while she is physically in the country if there is no other option...

I am so sorry for the lengthy post, and appreciate in advance for any answers.

Thank you!!

You can initiate the PR process while you are both living in USA. However the main hurdle in this case is the Canadian sponsor living abroad (you) must submit proof of your intention to relocate back to Canada as soon as the PR app is approved. The applicant (her) would not need to provide any such proof or have any job secured.

Typically this proof for sponsor will consist of job search or actual job offer in Canada, search for homes/rentals, letters from family that may be lending you temporary housing, etc etc. So if you apply too early (like several years before you're actually ready to move), obviously this will be impossible to provide and the app may be denied.

So you want to start the OUTLAND PR process within 1 year of actually intending to make the permanent move to Canada. This will hopefully allow you to gather some evidence that you actually intend to move to Canada.

Alternatively, if you make the move to Canada and she comes under visitor status (for usually 6 months to start), it's perfectly fine to start the PR process at that time also. In this case obviously no proof is required of intent to move, since you will already be here. If you submitted an INLAND PR app when she's actually here, then you can also apply for her Open Work Permit which she would get after 3-4 months, to work while waiting for PR app to complete. She would be legally allowed to stay in Canada until decision is made on her PR app, so no need to extend her visitor status while here.

 

[hi316hi]

Thank you very much ROB!! I really appreciate your answer!

It's great to know that there's such thing as Open Work Permit which she could apply before she gets her PR. Just because I am not too familiar with these work permits/visas in Canada...Is it ok for her to apply for Open Work Permit while being there as a visitor?? If it is, wow, because in the US right now even with the right working visa, they could stop you from entering the country...Thank you!!!

 

[Rob_TO]

.Is it ok for her to apply for Open Work Permit while being there as a visitor?? If it is, wow, because in the US right now even with the right working visa, they could stop you from entering the country...Thank you!!!

Yes, but only in combination with an INLAND PR app.

So she would need to enter as just a visitor, and then once in Canada you need to submit the INLAND PR app to sponsor her, together with the OWP app. The OWP is linked to the INLAND PR app, so can't be applied for without it.

This also means you can't start the PR process until she's already inside Canada.

 

[hi316hi]

Sounds good! Now things are becoming clearer! :-D

Thank you soooo much!!!