Dilemma: Sponsor Spouse through Family Class Sponsorship or ask her to apply for Express Entry

[rakakatoofaan]

Hi,

Background:
I am Canadian PR holder, living in the US. I got my Canadian PR when I was single, back in 2016.

Few Months back, I got Married and my wife moved to the US. Furthermore, My Wife just got her Canadian Tourist Visa approved, with multiple entry.

We are looking for the fastest and efficient way for her to become a Canadian PR Holder. I think as of now, I have two options.

a) Express Entry: She Applies for PR under Express Entry
Notes:
1. She is not working in the US.

b) Family Class Sponsorship : I sponsor her after moving to Canada. She will also move to Canada with me on the Visitor Visa.
Notes:
1. I read that it takes, a maximum of 12 months to get the PR approved.
2. If we go with the Family Class Sponsorship option, and if it takes more than 6 months to get the PR, I think she will have to leave the country. If yes, then what might be the minimum duration she can be out of Canada, before re entering?
3. Also, while the PR is in process, can she leave Canada?
4. Also, do I have to file any tax related paperwork, before I apply for her PR to show any type of proof of my residency?
5. May I apply for her PR as an Inland or Outland Application?
6. If she has to extend her tourist visa for more than 6 months, while the PR is in process, on what grounds can she extend her stay and up to what time?

I would be nice to get a general feedback, comments or suggestions, based on our situation.Furthermore, I want to thank you for taking time out to have a look at this. I really appreciate it.

 

[scylla]

Has she calculated her points under Express Entry? That's a very key piece of information to know.

 

[rakakatoofaan]

Thanks for your reply, the total CRS points is 402.

 

[screech339]

Hi,

Background:
I am Canadian PR holder, living in the US. I got my Canadian PR when I was single, back in 2016.

Few Months back, I got Married and my wife moved to the US. Furthermore, My Wife just got her Canadian Tourist Visa approved, with multiple entry.

We are looking for the fastest and efficient way for her to become a Canadian PR Holder. I think as of now, I have two options.

a) Express Entry: She Applies for PR under Express Entry
Notes:
1. She is not working in the US.

b) Family Class Sponsorship : I sponsor her after moving to Canada. She will also move to Canada with me on the Visitor Visa.
Notes:
1. I read that it takes, a maximum of 12 months to get the PR approved.
2. If we go with the Family Class Sponsorship option, and if it takes more than 6 months to get the PR, I think she will have to leave the country. If yes, then what might be the minimum duration she can be out of Canada, before re entering?
3. Also, while the PR is in process, can she leave Canada?
4. Also, do I have to file any tax related paperwork, before I apply for her PR to show any type of proof of my residency?
5. May I apply for her PR as an Inland or Outland Application?
6. If she has to extend her tourist visa for more than 6 months, while the PR is in process, on what grounds can she extend her stay and up to what time?

I would be nice to get a general feedback, comments or suggestions, based on our situation.Furthermore, I want to thank you for taking time out to have a look at this. I really appreciate it.

1. The time line on website is a guideline. Don't use it as absolute. When my wife applied the website was 12 month. She got hers in 10 months. The guideline is average based on 80% of the applications. If wife's is straight forward with no known issues, her application will likely be fast. If she has "red flags" in her application then we can't say how it will take.

2. Your wife does not have to leave Canada after 6 months in Canada under family sponsorship. She can apply for an visitor status extension or apply for OWP on account that she has an inland PR sponsorship in progress at the same time as inland application. Your wife would then have "implied status" until she gets an answer from CIC. My wife did this as well. She had no problem getting a 1 year extension on account of that. Your wife should do the same.

3. If you apply inland, it is expected that she remain with you during the entire PR process. Nothing is preventing her from leaving. She is not in jail as some people like to call it. She has to acknowledge the small risk that if she leave Canada for a short period (2-3 weeks vacation) and unable to reenter Canada or stayed outside Canada too long despite her intention to come back, CIC may consider her inland application to be void and invalid as she is no longer residing with you.

4. No. Not needed. I was in exact same situation as you except I was Canadian not PR.

5. It depends on what you or she wants. Inland is longer but she can apply for OWP (work visa) and get "implied status" but expected to remain in Canada. If she wants freedom to leave Canada with 0% risk to her application she can apply outland while in Canada.The good side is processing is much quicker and can leave Canada with no risks. The down side: can't work or apply for OWP. Can't get implied status. She must maintain her status. If there is any interview required she will have to go to VOC of her home country. Now that is said, she did live in US more than 1 year so CIC may end up sending application to Ottawa or have interview there instead. Not 100% that this will be the outcome. CIC makes the decision where to send her application for processing or interview.

6. As mentioned above. PR family sponsorship in progress.

 

[scylla]

Thanks for your reply, the total CRS points is 402.

Too low to be selected in the near future under EE. Go for spousal sponsorship.

 

[rakakatoofaan]

Thanks @scylla @screech339 . Your posts have been truly helpful.