American in Canada Looking into PR via Fiancee as Sponsor...Need Insight/Help!

[tdcush]

Hello Everyone,

You may have seen my other posting on the Skilled Worker forum regarding how to easily start work here:

http://www.canadavisa.com/canada-immigration-discussion-board/american-visiting-canada-looking-for-workneed-insighthelp-t12146.0.html

But, aside from my inquiries into how to work here easily, I am looking into a last resort of simply stopping my job search and applying for PR in-country using my fiancee as my sponsor. My fiancee and I moved up to Toronto in August of this year so that she could attend a school up here for 2 years. She is both American and Canadian citizenship by the way.

My questions are as such:

Can I even apply from with Canada, as one other person on this forum (I can't find the post right now, ugh) noted that in-county applications are only allowed for people that have been in Canada for more than a year?

If we can apply for me from within country, can I still go across the border while in the application process? I ask as I have heard conflicting view from people saying you cannot leave the country while in process, to others (oddly enough someone at the CIC call centre) who said "you can come and go, but it is up to the border person if they let you back in to Canada".

Can anyone shine some light on how long the process would take until I can start working with a work permit/visa in Canada?

And, other than a PR, really, I am just looking to be able to continue living with my fiancee for the next 2 years while she is in Toronto...is there any simpler way to do this than a PR or Work Visa? Extend my visit maybe?

Any help would greatly be appreciated.

Thank you to everyone,

Tyler

 

[Leon]

Can I even apply from with Canada, as one other person on this forum (I can't find the post right now, ugh) noted that in-county applications are only allowed for people that have been in Canada for more than a year?

The one other person is probably refering to a person in Canada being able to apply for skilled worker from within Canada vs. native country and actually in those cases, they don't have to have been in Canada for a year, they just have to be on at least a one year visa. There is no limit for spousal sponsorship how long you have to have been in Canada to apply inland.

If we can apply for me from within country, can I still go across the border while in the application process? I ask as I have heard conflicting view from people saying you cannot leave the country while in process, to others (oddly enough someone at the CIC call centre) who said "you can come and go, but it is up to the border person if they let you back in to Canada".

You can but it's not advised since if for whatever reason you are not let back in, your application is gone. You also have the choice of applying through the US in which case you can go back and forth.

Can anyone shine some light on how long the process would take until I can start working with a work permit/visa in Canada?

If you do inland application and apply for a work permit at the same time, if all goes well, you could have a work permit in 6 months and PR in 12 to 18 months. If you do outland application (through the US), it would first take 7 weeks for sponsorship approval, then another average 5 months processsing in the US before you get your PR.

And, other than a PR, really, I am just looking to be able to continue living with my fiancee for the next 2 years while she is in Toronto...is there any simpler way to do this than a PR or Work Visa? Extend my visit maybe?

You can find the form to extend your visit at http://www.cic.gc.ca/english/information/applications/visitor.asp but that would not allow you to work.

 

[RobsLuv]

Hi Tyler - basically you don't really have the option of continuing to extend your visit for up to two years, and you wouldn't really be able to have a life here in Canada that way anyway as you wouldn't be allowed to work or go to school. So, you need permanent status and the most expedient way to get that is to be sponsored for PR by your fiancee. There is a caveat to that, though . . . in order for you to qualify to be sponsored by her the two of you have to either be married, or you have to have established a common-law partnership by having co-habitated for at least one continuous year. If/when you can meet that qualification, the two of you should file an application for her to sponsor you for PR.

There is a lot of confusion about filing an "in-country" vs "outland" application. I hardly ever recommend that a US citizen apply for PR via the inland application - it's not necessary, even if you are staying in Canada with your partner/spouse, and there are some significant disadvantages to the process. For one, as you asked, you risk the inland ap if you leave Canada during the process because you are required to be resident in Canada with your partner in order to be approved, as the entire process happens within Canada (hence, "inland"). So, if you were to leave during processing and you were not allowed to re-enter Canada, the application is forfeited. And yes, US citizens have been refused entry to Canada for all manner of reasons - I've been there! Secondly, there is no right of appeal to an inland application, and the processing takes from 12-18 months to finalize. There is the advantage of a work permit option about 5-6 months into the process BUT if you file an outland application, and there are no complications, it's likely you'd have a finalized PR visa by 6 months and you'd be able to work anyway! The outland application allows you to travel because approval is not dependent on your residence - you could still be refused re-entry if you left Canada, but it wouldn't affect the processing of the outland ap. And there is a right of appeal. The one "disadvantage", if you're in Canada during processing, is that you'd have to attend any required interview at the visa office in the States - but there is a way to minimize that inconvenience, too, and I can give you more info on that when you're ready.

If you stay in Canada during processing it's important that you continue to apply to extend your temporary status, before expiration of the status you received on entry - until your PR is finalized. Applying to extend your status is important, and as long as the extension application is received by CIC BEFORE your current status expires, you will have "implied status" to remain in Canada legally until they make a decision on the extension - but, as Leon mentioned, you can only apply to extend as a visitor. You cannot work or go to school without a separate permit - and those permits normally take longer to get than PR will . . . depending on whether you are actually qualified to apply as a sponsored partner now.

Check out the US2Canada website for more US spousal/partner specific information on applying for PR.

 

[akimont88]

"The one "disadvantage", if you're in Canada during processing, is that you'd have to attend any required interview at the visa office in the States - but there is a way to minimize that inconvenience, too, and I can give you more info on that when you're ready."

Hi, I'm an American debating over the inland vs. outland spouse application process. My Canadian wife and I have a 19 month old son, and we have another child we are expecting in April. I was curious what you meant RobsLuv by this last statement here. After searching the forums, it seems better to do the outward process, even though I am in Canada right now as a visitor and I really need to be working ASAP. Any help in speeding up the process would be appreciated.

 

[Leon]

To the last two posters: You are replying to a post that is almost 4 years old. I hope that the original poster has solved their problem by now but they are not on here anymore. If you click on their username, you see they were last active on November 26, 2008.