American family of 6 wants to move to Canada permanently

[mmh83]

Background: We are natives of Texas, and are looking to move to Canada, preferably Ontario. I only have an AS, but my husband has an AA and a Bachelors degree in Management Information Systems (MIS), along with over 10 years of experience in IT (including for St. Luke's Hospital), a few years' experience in project management, and several certifications (I don't remember most of the acronyms, but one is ITIL). We have 2 kids in elementary and 2 in middle school. None of us have ever been in any kind of legal trouble, no history of drug, tobacco, or alcohol use, etc., nothing that would prevent us from being granted entry. I speak/read/write basic French and basic Spanish; my husband is English-only.

My husband is looking at jobs in Canada with the hope of obtaining a job offer there. My question is: if we're looking to immigrate there permanently, are we able to do that with employment under NAFTA? Or if you move to Canada under NAFTA, are you pinned as a temporary resident only and can't apply for permanent residency? I think we're eligible under NAFTA, but the goal is to stay, not to just move there for a little while. What's the best route for us to go in order to make that happen?

 

[scylla]

You'll need to dedicate time (read hours) to researching Canada's various immigration programs to understand the requirements and what you'll need to do to qualify. Detailed information can be found here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

There's really no short-cut to research - apart from spending several thousand to get the assistance of a good immigration lawyer. I would recommend you start by researching the Express Entry program which is a points-based economic immigration program. Points-based means those with the most points are selected or selected first. You'll need to do a few things before you can even apply - namely at least one of you will have to take a language test (preferably both to get more points) and you'll also need to have your education officially assessed.

Having a job here under NAFTA doesn't prevent you from applying for permanent residency - at the same time, it doesn't guarantee you'll get PR either.

Again, I would spend time researching the Express Entry program to start.

Good luck.

 

[mmh83]

Thank you Scylla. We have done some reading and definitely intend to do more (and most certainly don't plan to shell out a few grand for an immigration lawyer if we can avoid it!). From what we know so far, we're most interested in the Express Entry program, but if that doesn't work then NAFTA seems like our best bet. I just wanted to make sure we didn't waste time pursuing that as an option if it would ultimately be a dead end in terms of permanent residency. We both plan to take the language test in the next couple of months. But how do we go about having our education assessed?

 

[scylla]

All of the information about education assessments and everything else related to the EE program is on the CIC site. Once again, no short-cut to research. This is a very basic question. Link here:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=681&top=29

 

[mmh83]

Ok, gotcha, thanks.

 

[Rob_TO]

Thank you Scylla. We have done some reading and definitely intend to do more (and most certainly don't plan to shell out a few grand for an immigration lawyer if we can avoid it!). From what we know so far, we're most interested in the Express Entry program, but if that doesn't work then NAFTA seems like our best bet. I just wanted to make sure we didn't waste time pursuing that as an option if it would ultimately be a dead end in terms of permanent residency. We both plan to take the language test in the next couple of months. But how do we go about having our education assessed?

Getting a job in Canada that qualifies under NAFTA is a temporary way to work in Canada. At any time the work permit could end due to being let go by the employer, or if NAFTA rules were to change (which may happen).

Working in Canada under a NAFTA work permit in no way ensures you can later apply for PR, no matter how long you work here. You will still need to eventually qualify for and apply through one of the existing PR immigration streams. However working for a Canadian employer in a qualifying field will definitely help to qualify you by adding more points.

 

[scylla]

However working for a Canadian employer in a qualifying field will definitely help to qualify you by adding more points.

Technically this isn't quite true. There are specific requirements that need to be met in order for a job to qualify as a "job offer" for immigration purposes and grant an applicant additional points. Not all jobs meet these requirements and individuals sometimes have difficulty meeting all of the conditions to get the additional points (especially the last one). Typically the job has to be supported by an LMIA (although there are exceptions), typically the job has to be NOC A/B/0 - also, the employer must provide a written statement that indicates they are willing to continue employing the applicant in that role for at least one year after that individual becomes a PR.

 

[Rob_TO]

Technically this isn't quite true. There are specific requirements that need to be met in order for a job to qualify as a "job offer" for immigration purposes and grant an applicant additional points. Not all jobs meet these requirements and individuals sometimes have difficulty meeting all of the conditions to get the additional points (especially the last one). Typically the job has to be supported by an LMIA (although there are exceptions), typically the job has to be NOC A/B/0 - also, the employer must provide a written statement that indicates they are willing to continue employing the applicant in that role for at least one year after that individual becomes a PR.

Interesting an LMIA could be required to get additional points, even if one was working there currently under a NAFTA work permit.

And yes definitely need to ensure the NAFTA job qualifies under the right NOC code to eventually apply for PR later.

 

[scylla]

Interesting an LMIA could be required to get additional points, even if one was working there currently under a NAFTA work permit.

And yes definitely need to ensure the NAFTA job qualifies under the right NOC code to eventually apply for PR later.

NAFTA should allow them to bypass the LMIA requirement and still get job points. But it will not let them bypass the requirement to get a letter from the employer committing to giving the applicant a job for a year after they become a PR. This is often the difficult bit and it seems some employers aren't willing to provide this letter.

 

[vensak]

Go for the first most obvious, which are your points for Express entry. From what you have written I would estimate you both to be somewhere close or around 40 years old (or maybe older). That alone means some points will be deducted from you.

1. NAFTA - your husband or you first have to hit a job offer that is considered for NAFTA treaty (not all offers and all jobs are). Such offer must be a permanent offer and you have to work in that job for 1 year or more. That would give you some extra points for Express entry (50 or 200 points depending on the position). Also good thing about Nafta is that your husband will get a work permit without LMIA process. However this will be limited to the company that has hired him
2. If the job offer would not be suitable for NAFTA, he would need an LMIA (a lengthy process that companies do not like to do). Get it with the same conditions and you will get 50 or 200 points (for just getting it approved)
3. In both cases you would get opened WP that will be temporary and matching the WP of your husband.
4. Your children will also get long term visa until they are 21 (this is a little bit more technical when you check the details, so just for simplification).
5. However certain rights will be limited - cost for education will be the same as for any other foreigner. You would have only your temporary SIN number and of course whoever of you got the visa first - if he or she will loose it (for example being fired), the whole family will loose it too.

EE.
1. At any time you can apply for EE and it you will get ITA (invitation to apply) you can apply for PR. However if you enter the country on your temporary work and stay permits, you need to show ties to your home country and intention to return once the assignment is over. Why? because of the temporary nature of those permits.
2. Now EE have 2 types of score - first is the entering cut (67 out of 100 points) and second is the CRS score where people are waiting if they will get ITA.
3. 67 out o 100 is a bit more in favor for people with lot of experience, but somewhere after the age of 40 it can become easily eliminative (of course depends on the level of the languages skill and on the education as well and then connections to Canada). So that alone might be the first obstacle.
4. Once in the pool you will soon find out, that the competition is fierce and younger people (21-29) do have age points advantage. (there are plenty of people with the age 40 to 45 that below the minimum invited CRS score because of the age points penalization. And yes they do have perfect English and their Master degree as well).
5. You will also find out that lot of years of experience is of no use unless it was acquired inside Canada. (3 years will give you maximum points for the work experience transferability).
6. You will also find out that immigration can be a lengthy process (1 year at very least). Yes there are some that are quick, but for most it is a round of getting the documentation ready, then discovering what are their chances, that lot of work to improve their points and then somewhere later to maybe get ITA

Also getting any job offer from outside Canada is very difficult. Simple reason is, that any opening on internet is spammed with lot of resume and many of them from all over the world. As a result they tend to ignore anybody that has contacts from outside Canada.

Also after immigrating you will be partially restarting your life. With that said you might temporarily go down in your career life. And also with the age of your children it might be at very least considerable to check how would they react to such idea (especially the older ones might not be that happy to change the country and leave all the friends behind).

And also your salaries will most likely go down (average Canadian salary is lower than average USA salary).

So to close the whole thing. Think long long if you want to immigrate and maybe visit Canada first. It is a good advice as the grass sometimes just looks greener from the other side of he fence, but it is not always so much better.

 

[mike2236]

I would suggest you go to the following website and to "Find out of you can apply" and you will know a bit more if you have not already:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

You can also look at the provinces directly as well. I believe that Ontario has or had a program for French-speaking individuals. I am not sure of the requirement so you can look into that as another option.

I am a US citizen who is older (40s) and now has 950 points as I went through the EE PNP program. I am only waiting for the next draw for an ITA and see what happens.

I am also on NAFTA intra-company work permit as a senior manager in Canada. As was said previously, the NAFTA rules only allow temporary work for some jobs. It simplifies the process a bit since an LMIA is not required. However, the company still has to provide a job offer and other documents.

 

[jonnclk22]

Background: We are natives of Texas, and are looking to move to Canada, preferably Ontario. I only have an AS, but my husband has an AA and a Bachelors degree in Management Information Systems (MIS), along with over 10 years of experience in IT (including for St. Luke's Hospital), a few years' experience in project management, and several certifications (I don't remember most of the acronyms, but one is ITIL). We have 2 kids in elementary and 2 in middle school. None of us have ever been in any kind of legal trouble, no history of drug, tobacco, or alcohol use, etc., nothing that would prevent us from being granted entry. I speak/read/write basic French and basic Spanish; my husband is English-only.

My husband is looking at jobs in Canada with the hope of obtaining a job offer there. My question is: if we're looking to immigrate there permanently, are we able to do that with employment under NAFTA? Or if you move to Canada under NAFTA, are you pinned as a temporary resident only and can't apply for permanent residency? I think we're eligible under NAFTA, but the goal is to stay, not to just move there for a little while. What's the best route for us to go in order to make that happen?

You have multiple options. You can apply directly under federal skilled worker (FSW) in Express entry without any job offer. OR You can get a job under NAFTA and subsequently apply under Canadian Experience Class (CEC) down the line.