canadian citizen with american bf, can he get PR status but still work in US?

[RisaLK]

Hi,
-- I am canadian my boyfriend is american.
-- we live an hour apart, him on the Washington State side, me on the British Columbia side.
--We've been seeing each other for 5 years, he moved from Seattle to Blaine, WA to be closer for visits.
--He has been working at a food processing plant for almost a year. We will be having a baby in Nov.
--He would like to get PR status in BC , and we are thinking 2 options:



Live in BC and commute to his WA, state job only an hr away.
or
get which ever work visa fits for food processing / Recruiter which he has 5 yrs experience (HR NOC 1223 category?) or / Stagehand Union and look for a job in BC.

1) what is the process for him to get PR status but not needing work visa since he will keep his job in WA state. what is the timeline, can he live with me while its being processed (or at what point in the process can he move here). is it the same $1000+ fees?
a) seen other people panic about throwing away their non refundable processing fees when their application got rejected. can you do the application fee, get a response , THEN pay PR fee so you dont lose it?

2) is it possible to get work visa with no job offer, so he can legally look for work, as the people I have talked to say he needs his visa to get a SIN # before they will even look at his job application for a BC job.

other questions;
does Recruiter or Stagehand Union fit into the Skilled Worker program? (bc or federal)
does it matter which country we get married in, will being married in BC help vs WA state?
would the application process go faster if we waited until our baby was born? or does that matter/help at all?

Basically we are looking for the fastest route. the quickest way he can move in while waiting for it to be processed.

 

[AnaMaria]

You will have to get married to him in order for you to sponsor him, as you do not satisfy common-law requirements. He is not qualified for FSW. You may look into NAFTA or PNP for him to be qualified. He can come and look for a job without work permit but the chance will be very slim.

You do not need to wait to have a baby as you seem to have long relationship and it does not process any faster. As soon as you get married and get all the paper, you can apply outland. It does not matter if you get married in Canada or in US.

While waiting, he may be able to cross the boarder but if he does it every single day, the CBSA may give him a hard time and may even reject his entry to Canada. You might want to wait for the clarification from senior members with American experience on this point.

 

[RisaLK]

Thanks AnaMaria, but issue isn't common law vs spousal .

I guess my #1 question to others is, what does he need to live in BC that doesnt mean waiting for LMO or work permit since he would keep commuting to his job in WA state?

and he can't look for a job without a work permit, because #1 no employers will even talk to me about apps without him already having legal work status = SIN #

and #2 you would create another flag with border crossing if you said you wanted to start looking.
(trust me, 5 years of driving back n forth every weekend sometimes more , we already know what some flags are)

would a Temporary Residence app help him move in temporarily for the next 6 months or year (depending how easy it is to extend)
but as an american i thought USA don't need a visitor visa? (the site says processing time for temp visitor visa in Seattle is 35 days)

Basically we want something that works the best, which gets him here the earliest. to bolster finances either now, or end of the year to help with baby management....yanno like sleep

 

[canuck_in_uk]

Thanks AnaMaria, but issue isn't common law vs spousal .

I guess my #1 question to others is, what does he need to live in BC that doesnt mean waiting for LMO or work permit since he would keep commuting to his job in WA state?

As said by AnaMaria, you would have to sponsor him for PR as your spouse. Without an LMO or a job offer under NAFTA, he can't get a work permit and there is no other way for him to legally live in BC.

and he can't look for a job without a work permit, because #1 no employers will even talk to me about apps without him already having legal work status = SIN #

and #2 you would create another flag with border crossing if you said you wanted to start looking.
(trust me, 5 years of driving back n forth every weekend sometimes more , we already know what some flags are)

No, most employers don't want to hear from someone who has no legal status to work in the country, and yes, it is a red flag for border officers.

would a Temporary Residence app help him move in temporarily for the next 6 months or year (depending how easy it is to extend)
but as an american i thought USA don't need a visitor visa? (the site says processing time for temp visitor visa in Seattle is 35 days)

There is no such thing as a Temporary Resident Visa for Americans, it is only for non visa-exempt countries. Yes, he can come into the country without a visa as a visitor for 6 months and extend that for even longer. But he would not be living in Canada, just visiting; no working here, no SIN, nothing like that. And being in Canada as a visitor but commuting across the border to work everyday will prob cause trouble for him not too far down the line with border officers.

If he wants to keep his US job but live in BC, then it pretty much comes down to sponsoring him for PR and as you don't qualify for common-law, you would have to get married to be able to sponsor him.

 

[RisaLK]

Is there another thread here about the work permit process? Because its a catch 22 that ppl so far won't look at his job skills until he has a work permit, and he can't get a work permit without a job offer.

and

If he wants to keep his US job but live in BC, then it pretty much comes down to sponsoring him for PR and as you don't qualify for common-law, you would have to get married to be able to sponsor him.

and CanuckUK you said common law, is the process faster or easier for common law vs spousal?

As canadian born native american I am able to move to the States, and was commuting to my job across the border every day. But I've since moved locations and don't want to do that anymore...its his turn! lol But Jay Treaty makes that alot easier for me, we were just wondering if there was a way to get him PR status that wasn't as expensive as the full deal ( since he doesn't need legal work status since he's keeping his job in WA state)

 

[AnaMaria]

and CanuckUK you said common law, is the process faster or easier for common law vs spousal?

As canadian born native american I am able to move to the States, and was commuting to my job across the border every day. But I've since moved locations and don't want to do that anymore...its his turn! lol But Jay Treaty makes that alot easier for me, we were just wondering if there was a way to get him PR status that wasn't as expensive as the full deal ( since he doesn't need legal work status since he's keeping his job in WA state)

You can start your boyfriend's application as soon as you get married as spousal application. If you wan to go thru common-law, you have to first live with him for 12 months. As you are a Canadian, you can live outside of Canada while application is in process. The processing time for spouse and common-law is exactly the same. The fastest, it seems, is to get married and apply and you stay with him in the US (just so that you know if you live in outside of Canada, you have to include a letter of your plan to move back to Canada. But this seems to be no problem for you). As soon as he gets his status, you can move and if he wants, commute to the US ever day, or can find a work in Canada.

 

[scylla]

we were just wondering if there was a way to get him PR status that wasn't as expensive as the full deal ( since he doesn't need legal work status since he's keeping his job in WA state)

Nope. It all costs the same.

 

[RisaLK]

I have medical issues (life long) plus now prenatal appointments that I don't know if they wil be covered in the US ( should I move there)
I don't want to risk them not being covered anyways.

Plus, if I apply to sponsor him now, that means I can't leave the country while it's being processed anyways, right?

 

[scylla]

I have medical issues (life long) plus now prenatal appointments that I don't know if they wil be covered in the US ( should I move there)
I don't want to risk them not being covered anyways.

Plus, if I apply to sponsor him now, that means I can't leave the country while it's being processed anyways, right?

You can certainly leave the country while the application is being processed. Nothing stopping you from doing that. As mentioned earlier in this thread, you can even move to the US and live with him there while the application is being processed.

 

[RisaLK]

Actually my current Dr needs are blocking me from moving to the US while we wait for a Canadian application.

 

[canadianwoman]

It would be simplest for you two to get married. Then you can apply to sponsor him right away. While the sponsorship application is being processed, you can continue as you have been: you living in BC and he working in the USA and coming to visit you every week.
Once he gets his PR visa, he can then get a SIN and work in Canada, just like any Canadian. If he wants to continue working in the USA after he gets PR status, the Canadian border guards won't have any issue with this - but the American side might. I would also not say on the application that he wants to continue working in the USA after he gets his PR visa - because the visa is for people who want to immigrate to Canada; if the visa officer feels that he does not really intend to live in Canada, the visa will be refused. Otherwise there is little reason to worry about being rejected - the acceptance rate for Americans is very high.

 

[blueangel371115]

Actually my current Dr needs are blocking me from moving to the US while we wait for a Canadian application.

I'm kinda in the same position here ( except I am the American). I have meds I take for a seizure disorder that I must take daily ( @ $385/month!) that are covered through my state sponsored insurance. But I have seen it online through Canadian pharmacies for significantly cheaper. And no, they aren't bad enough that I cannot work, as long as I take my meds.
My questions are:
1. Could I send the script from a US doctor to a. ) any Canadian pharmacy or b.) to any online pharmacy? I will more than likely lose this insurance due to my fiance's ( husband by then) 's income. I have to declare his income even though he would not be eligible for this insurance, as he is Canadian and not living in the state. As far as I know. But if I don't then I will have insurance in the US.

2. Or would it be better to see a Canadian doctor and pay out of pocket until I can Medicare ( or at least my husband's insurance through work)? I have no idea how much this would cost mind you.

I am looking into traveler's insurance ( if they'll cover me) to deal with the catastrophic stuff but they don't cover meds. Not for six months anyway ( and hopefully I'll have medicare by then, fingers crossed).

This is a sticking point for my parents. They keep bugging me about it. They think that we should live in the US border town near where he works ( happens to be like five miles away). So I wouldn't lose my insurance. Somehow I think customs would frown on that. And I'm living with my husband, that's long and short of it.