Dual Citizen Moving to Canada for Work, Can US Spouse Cross the Border With Me?

[ph0bolus]

I have a job offer in Vancouver that has me starting in the new year, I was just notified officially maybe a month ago. We will be flying into YVR with two checked boxes each of mostly just clothes. Will there be any problems at the border if I tell them I'm moving there for work, and my spouse is following me?

I know she can visit for 6 months, and she's hoping to work in the future, so she'll be applying for an open work visa in the future, but at the moment will there be any problems with her entering into Canada?

Thanks in advance.

 

[russ6970]

I assume you are a dual citizen of the US and Canada. You can sponsor her for PR. Others may want to enter the conversation, but I think if you both go there with all your belongings, she may have a problem as the border agent might not think she is a genuine visitor (which she really isn't). If you could go yourself and have her come in visit you after say a month, that would be better.

 

[ph0bolus]

I assume you are a dual citizen of the US and Canada. You can sponsor her for PR. Others may want to enter the conversation, but I think if you both go there with all your belongings, she may have a problem as the border agent might not think she is a genuine visitor (which she really isn't). If you could go yourself and have her come in visit you after say a month, that would be better.

Yeah, that idea just came to my head after the fact that I already purchased the plane tickets . Is it possible to tell the agent that she's just visiting for the 6mo and will apply for PR after?

 

[russ6970]

I would recommend you start the PR process asap. It really depends on the officer. You could get one that lets her through but another that sticks strictly to the rules and doesn't let her in as there is a big chance she would just stay (not saying she would but from their perspective it is a big risk since you are married)

 

[ph0bolus]

I would recommend you start the PR process asap. It really depends on the officer. You could get one that lets her through but another that sticks strictly to the rules and doesn't let her in as there is a big chance she would just stay (not saying she would but from their perspective it is a big risk since you are married)

Yeah, at this point I'm not sure which application process we need to start. She wants the work while in the country, but no company is willing to give her a work permit at the moment, so that leaves the Open Work Permit application, but in that app process they ask for Canadian employer referrals and where she plans to work, etc.

Then there's the PR or Family Sponsorship process, not sure if it's the same or if it matters since we're married. If she's wanting to sponsor her family over from Vietnam to the US in the future, will that affect it at all? and will she have to renounce her US citizenship if she she's successfully sponsored by me?

Thanks for your help thus far by the way.

 

[russ6970]

The sponsorship would be spousal sponsorship. Link here -

http://www.cic.gc.ca/english/information/applications/spouse.asp

To get a company to offer a job to a non-canadian is virtually impossible as they have to go through the LMIA process which costs them money and they have to advertize the job to make sure no other Canadian wants or can do the job.

 

[ph0bolus]

The sponsorship would be spousal sponsorship. Link here -

http://www.cic.gc.ca/english/information/applications/spouse.asp

To get a company to offer a job to a non-canadian is virtually impossible as they have to go through the LMIA process which costs them money and they have to advertize the job to make sure no other Canadian wants or can do the job.

Thanks, so an Open Work Permit is out of the question?

Sponsor your spouse or partner
Sponsorship fee ($75), principal applicant processing fee ($475) and right of permanent residence fee ($490)
1,040

Sponsor your spouse or partner without right of permanent residence fee
Sponsorship fee ($75) and principal applicant processing fee ($475)
550

Would you happen to know the difference between the two?

EDIT: Never mind, the fee can either be paid upfront or just deferred until later.

 

[canuck_in_uk]

Yeah, at this point I'm not sure which application process we need to start. She wants the work while in the country, but no company is willing to give her a work permit at the moment, so that leaves the Open Work Permit application, but in that app process they ask for Canadian employer referrals and where she plans to work, etc.

Then there's the PR or Family Sponsorship process, not sure if it's the same or if it matters since we're married. If she's wanting to sponsor her family over from Vietnam to the US in the future, will that affect it at all? and will she have to renounce her US citizenship if she she's successfully sponsored by me?

Thanks for your help thus far by the way.

OWPs are only given in specific circumstances. Your wife cannot just apply for one.

I suggest you sponsor her outland ASAP. Her becoming a PR has zero effect on her US citizenship.

 

[ph0bolus]

OWPs are only given in specific circumstances. Your wife cannot just apply for one.

I suggest you sponsor her outland ASAP. Her becoming a PR has zero effect on her US citizenship.

Great, thanks!

 

[russ6970]

As far as I know the spouse that is being sponsored can only qualify for an open work permit, if she is in Canada and living with you.

 

[bellaluna]

Yeah, that idea just came to my head after the fact that I already purchased the plane tickets . Is it possible to tell the agent that she's just visiting for the 6mo and will apply for PR after?

With Canadian and US passports, you probably won’t get too many questions, if any. You may not even face an officer since immigration at YVR is electronic. Just don’t offer any information unless explicitly asked (your purpose: work; your wife’s purpose: visit.)

 

[ph0bolus]

With Canadian and US passports, you probably won’t get too many questions, if any. You may not even face an officer since immigration at YVR is electronic. Just don’t offer any information unless explicitly asked (your purpose: work; your wife’s purpose: visit.)

We both only have US passports, plus it might make it hard to avoid questioning if we both have two 50lbs boxes in tow.

 

[ph0bolus]

As far as I know the spouse that is being sponsored can only qualify for an open work permit, if she is in Canada and living with you.

So, even if she's successfully sponsored, we still have to apply for a work permit for her to be able to start working legally?

 

[canuck_in_uk]

We both only have US passports, plus it might make it hard to avoid questioning if we both have two 50lbs boxes in tow.

Your wife does not have the right to move to Canada. CBSA is generally very lenient with people being sponsored as spouses but her bringing all of her stuff is a big red flag for them. It could result in her being refused entry and potentially even issued a one year Exclusion Order. Leave her stuff in the US.

So, even if she's successfully sponsored, we still have to apply for a work permit for her to be able to start working legally?

No. That poster was referring to the inland sponsorship process where an applicant can get a work permit while waiting for PR.

 

[scylla]

Thanks, so an Open Work Permit is out of the question?

On its own? Yes - absolutely out of the question. She doesn't meet any of the requirements to qualify.

As others have said, only way she qualifies for an OWP is if you first both come to Canada - and then you sponsor her for PR through the inland route (requires both of you to be physically in Canada) and include an OWP application with the inland PR application. The OWP will be approved approximately four months after the complete application package is received.