Best Way To Sponsor Spouse

[BoomerangCanuck]

I am a Canadian citizen and both my children are also citizens via my citizenship. My spouse is an American Citizen but does not currently have status in Canada. Our family wants to move to Toronto for work and school for the kids. My spouse is an Occupational Therapist with over 10 years work experience and a masters degree (Class A profession). We'd like to move to move in July to Canada for school purposes for my kids.

What is the best way to sponsor my spouse for this move?

1. Should I move to Canada and then apply for internal spousal sponsorship?
2. Should I apply for spousal sponsorship before we move to Canada?
3. Should I apply for Express Entry for my spouse?
4. Other?

 

[k.h.p.]

All are valid options but don't address some of the complications.

Option 1 is just fine if you don't need your spouse to work for six to eight months, which is the timeframe for a US spousal visa.

Option 2 may be best, although your spouse would not be able to work in Canada until the visa was approved, and may face challenges traveling between the US and Canada though if driving across probably would not, though you'd need to plan in case your spouse was denied entry.

Option 3 could work thougg you'd first need an employer willing to go through LMIA and processing time. Both are challenge - the employer the hardest, the processing time the second hardest. I don't know if occupational therapy is a NAFTA job that, with an offer, would get a work permit issued at the border.

So:

• Do you need your spouse to work from day one in Canada?
• Will your spouse be immediately joining you, or remain in the US a few months to finish up obligations?
• Does your spouse have a job offer?

 

[BoomerangCanuck]

My wife does not have a job. Unfortunately Occupational Therapists must recertify in Canada by doing the Canadian board exams. The earliest she can complete those is November after which she would have to find a job. So I am expecting that she will not work until the end of the year. My spouse will be joining the rest of the family and moving in July 2019.

So its sounds like the best option is Option 1 where we arrive and then apply since that will take away risk of denied entry?

Also any suggestions on finding an immigration lawyer to advise on this?

 

[k.h.p.]

My wife does not have a job. Unfortunately Occupational Therapists must recertify in Canada by doing the Canadian board exams. The earliest she can complete those is November after which she would have to find a job. So I am expecting that she will not work until the end of the year. My spouse will be joining the rest of the family and moving in July 2019.

So its sounds like the best option is Option 1 where we arrive and then apply since that will take away risk of denied entry?

Also any suggestions on finding an immigration lawyer to advise on this?

This forum is hosted by an immigration law firm - maybe try there first

 

[canuck_in_uk]

I am a Canadian citizen and both my children are also citizens via my citizenship. My spouse is an American Citizen but does not currently have status in Canada. Our family wants to move to Toronto for work and school for the kids. My spouse is an Occupational Therapist with over 10 years work experience and a masters degree (Class A profession). We'd like to move to move in July to Canada for school purposes for my kids.

What is the best way to sponsor my spouse for this move?

1. Should I move to Canada and then apply for internal spousal sponsorship?
2. Should I apply for spousal sponsorship before we move to Canada?
3. Should I apply for Express Entry for my spouse?
4. Other?

If you are going to apply for sponsorship, apply outland ASAP. American outland apps generally average around 6 months, so if you apply ASAP, she should be a PR by the end of the year. If you wait and apply inland in July, it will be 3-4 months for the OWP to be issued and a year for the PR app to be processed, so next summer.

She would need to see if she qualifies under EE. Note that she would need to have her education assessed and take a language test. It takes at least 440-445 points right now to be selected.

Also any suggestions on finding an immigration lawyer to advise on this?

Unless you have red flags you haven't mentioned, you have one of the most absolute straightforward apps possible. Seriously, don't waste your money on a lawyer.

 

[canuck_in_uk]

All are valid options but don't address some of the complications.

Option 1 is just fine if you don't need your spouse to work for six to eight months, which is the timeframe for a US spousal visa.

Option 2 may be best, although your spouse would not be able to work in Canada until the visa was approved, and may face challenges traveling between the US and Canada though if driving across probably would not, though you'd need to plan in case your spouse was denied entry.

Option 3 could work thougg you'd first need an employer willing to go through LMIA and processing time. Both are challenge - the employer the hardest, the processing time the second hardest. I don't know if occupational therapy is a NAFTA job that, with an offer, would get a work permit issued at the border.

So:

• Do you need your spouse to work from day one in Canada?
• Will your spouse be immediately joining you, or remain in the US a few months to finish up obligations?
• Does your spouse have a job offer?

In regards to EE, she doesn't need a job offer with an LMIA to qualify.

 

[k.h.p.]

In regards to EE, she doesn't need a job offer with an LMIA to qualify.

True, she can have the available funds and the points and the ITA.

 

[BoomerangCanuck]

If you are going to apply for sponsorship, apply outland ASAP. American outland apps generally average around 6 months, so if you apply ASAP, she should be a PR by the end of the year. If you wait and apply inland in July, it will be 3-4 months for the OWP to be issued and a year for the PR app to be processed, so next summer.

@canuck_in_uk If I apply outland don't I run the risk that she will not be allowed into Canada before her application has completed processing? We are depended on being able to move as a family in July 2019.

 

[canuck_in_uk]

@canuck_in_uk If I apply outland don't I run the risk that she will not be allowed into Canada before her application has completed processing? We are depended on being able to move as a family in July 2019.

Less risk than trying to enter without applying outland first. If she has a PR app in process, it shows CBSA that she is following the proper procedure to live in Canada legally. As long as she acts like a true visitor, meaning she doesn't show up with the U-Haul and say that she is moving to Canada, she should be fine.

If she doesn't have a PR app in process and it looks like she is trying to move to Canada as a visitor, that is something CBSA often does take issue with.

Understand that she does not yet have the legal right to move to Canada either way. She will enter as a visitor.