Conjugal, Spouse or Work Visa?

[julia143]

Hello,

I am a US citizen and my partner is Canadian. We met 2.5 years ago while he was in medical school in the states. After graduating, his US student visa expired. He just moved to Canada to begin his Residency. I've been spending most of my time over the past 4.5 months visiting him in Canada helping him settle and scoping the scene out for potential employment for me. My goal is to live and work in Canada as soon as possible so that we can be together. We also plan to marry in the general near future, but are not 100% excited by the idea of marrying fast to speed up the visa process (though we will do it if absolutely necessary).

I have been unsuccessful in my attempt to have an employer sponsor a work visa. So, if I spend time working in the US and apply for the work visa from there (I am visiting Canada currently), it says the processing time for that visa is 33 months (too long for us).

We have looked into the conjugal partner sponsorship, but from what people have said on this forum, it seems that is only for extreme circumstances. It also seems the processing time is very long (33 months). We do not think Common Law is an option for us. Although I have been staying with him while visiting Canada, we have never officially lived together (though I essentially lived at his place when we were in the US, spending the majority of my time there).

So, my question is, which visa is the best option for me? I am assuming people will say getting married is the best way to get the visa fast. However, I have not seen anywhere that the spousal visa processing time is any faster than the others. How long will it take to get the spousal visa once we are married? Are there any options that we are missing/not considering?

Thanks so much for any help. This is all so overwhelming!

 

[Kayaker]

Most US applicants (common-law or spouse) get their PR in about 3 to 7 months, I believe. (There is no such thing as a spousal visa. You apply for Permanent Residency, that's it.)

If you think visiting him for 1 year to establish common-law isn't a good option, then getting married is your best option.

That, or finding an employer willing to get a LMIA (LMO?) for you. But I guess so far that doesn't seem to be very likely.

Also, don't let "processing times" confuse you. Those are not averages or medians. Those are worst case scenarios from a year ago. Processing times mean how long it took CIC to finish 80% of applications a year ago. In other words, only 20% of applicants waited longer than that. Those 20% were probably problem cases, with issues such as criminal records, medical inadmissibility, suspected marriage of convenience, etc.

 

[Ponga]

You have zero chance with a conjugal partner sponsorship; zip, nada zilch.

Since you have not lived together for 1 year, you have two options:

1. Get married and have him sponsor you as his spouse. Since you are an American, you could have your PR in less than 6 months.
I don't know where you've been looking when you say "However, I have not seen anywhere that the spousal visa processing time is any faster than the others", but I assure you that there is a HUGE difference between an Inland and an Outland application for an American. HUGE! A person that is in Canada can file an Outland application.

2. Start the cohabitation period with him ASAP. While you are in Canada as a visitor, you can simply apply to extend your visitor status. This is very common and appears to be successful for the majority of Americans (or others from Visa-Exempt countries), to establish the required 1 year of living together. With this option, you would not be able to work for ~ 18 months (1 year to establish Common-Law), followed by ~ 6 months (based on current times) for the Outland PR application to be approved.

Good luck!

 

[julia143]

Kakayer and Ponga,

Incredibly helpful, thank you so much. We will discuss the information you have provided and I'm sure we'll have more questions!

So kind of you to take the time to help people like me out...really.

 

[julia143]

Ok, additional questions, as promised

From what I've read, it seems like an Outland application is faster, is that correct? So I would be able to apply from Outland but still visit my partner in Canada, or even be in Canada for the entirety of the process? Why would anyone apply Inland, if that is the case?

Also, if I were to find an employer willing to try to sponsor me once I have already submitted my PR application, sponsored by spouse, would I just submit the work visa application through the employer and let the PR application continue processing, or would I need to cancel the PR application?

Thank you!!

 

[rhcohen2014]

Ok, additional questions, as promised

From what I've read, it seems like an Outland application is faster, is that correct? So I would be able to apply from Outland but still visit my partner in Canada, or even be in Canada for the entirety of the process? Why would anyone apply Inland, if that is the case?

yes, way faster for sure! it's taking an average of 6 months for current us applicants. Yes, you can apply OUTLAND and still enter canada as a visitor, even extending your stay for the entire process if need be. Why US citizens (or ANY visa exempt applicant) applies inland is the million dollar question. The wait time for inland jumped dramatically, so a lot of people got stuck in a very bad position. there are also a good amount of people who weren't fully informed or got really bad advice about being able to apply outland while in canada as a worker or student. inland was created to be an exception to the rule i believe, and unfortunately CIC didn't do their job in explaining it properly.

Also, if I were to find an employer willing to try to sponsor me once I have already submitted my PR application, sponsored by spouse, would I just submit the work visa application through the employer and let the PR application continue processing, or would I need to cancel the PR application?

Thank you!!

good luck with that! there are new requirements now for approving work visas, and it's very costly and time consuming for the employer. if you don't qualify as a "skilled worker", then an employer must get what's called a LMIA and prove there are no canadians available for the job. it's very difficult, and some will say impossible, to find an employer willing to go through all of that if you don't have a specific expertise they are desperately seeking. so, in my opinion, you are better off just focusing on the spousal PR.

 

[MilesAway]

Outland is certainly faster for Americans and most visa-exempt nationals. The 33 months you saw was probably for New York or LA, correct? If you read the guide, it is clearly written that US applicants go through Ottawa. The current trend is anywhere from 3 to 7 months for straightforward applications.

You can visit and stay in Canada for the entirety of the process, so long as you remain in status. Some people are not lucky enough to have fast processing times (just look at Pakistani applicants or those going through Singapore, although Pakistanis are now processed in London), so inland has its merits. Inland applicants are also eligible for an open work permit after stage 1 approval.

As for work permits, if you can find an employer willing to get an LMIA for you, then you could get a work permit. The processes are separate. You will probably get PR faster through family class (as long as you are either married or common-law) than the other streams.