Family-class sponsor, SCLPC, or Work Permit? Bringing my USA spouse-to-be over

[akeinator]

Hello everyone, I'm so grateful for this website to exist so I can ask these questions! This process is so confusing...

So, my story is as follows:

I am a soon-to-be graduate of a Master's degree program, and my partner (who is American) is a soon-to-be graduate of her Bachelor's of Food Science program in the United States. I am 24 and she is 25. We have been together for about 3 years in a long-distance relationship (She lives and studies in Washington state, and I live/study in Ontario) and when she graduates we want to take the next step towards marriage and having her immigrate to Canada. The CIC website leaves me extremely confused as to which step we should take.

The main question I have is, what would be the most efficient way for her to get here so that we can start our life together? I've noticed that the Family Class Sponsorship wait time is 12 months right now, but the work permit waiting time is significantly less. Would it be better for her to find a job and get a permit, and live with me during that time while we wait for the sponsorship application to process? Could she work during that time? Should the first step be for her to come here to look for work, or does she need to find work and apply for a permit before coming to Canada? I'm having so much trouble understanding the language on the CIC website.

My current understanding based on this statement on CIC;

"To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the Spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor."

Is that we should get married, have her come live with me temporarily, then we file for sponsorship under the "Spouse or Common-Law Partner in Canada Class", and then file an open work permit and find her a job. Do I have that right?

But say we get married and we want to start the process before graduation: we would have to apply under Family Class if my understanding is correct...but, according to CIC it seems like she can't apply for an open work permit if we do it that way. So, how can she look for jobs as a new graduate unless she has an open work permit gained through applying via SCLPC? She would have to be in Canada with me first...right? But if the ultimate goal is for her to stay permanently how will we communicate this at the border?

Am I on the right track here? Sorry for so many questions, even just answering one would help me immensely. Thanks!

Something is telling me that I should probably lawyer up rather than ask all these questions in a forum ???

 

[canuck_in_uk]

Hi

Don't lawyer up. Waste of money.

If she is in the US when you apply, she must apply outland, Family Class. There is no work permit option. She can either be in Canada as a visitor while the app processes or remain in the US working until the app is approved.

If she is in Canada, she can apply inland, Spouse in Canada Class. She can apply for an OWP at the same time, which she will receive about 4 months after applying.

 

[akeinator]

So if I understand correctly, there would be a 4-month gap where she wouldn't be able to work? Would she still be able to look for a job and line something up to start once her OWP is processed? Since student loan repayments typically begin after a 6-month grace period we would have that amount of time for her to find work and begin to pay it off. Just thinking out loud here.

And on top of that there is the issue of finding her some kind of health insurance since she wouldn't be eligible for OHIP for a while...but that's a bit outside the scope of this post!

Thanks for your help.

 

[canuck_in_uk]

So if I understand correctly, there would be a 4-month gap where she wouldn't be able to work? Would she still be able to look for a job and line something up to start once her OWP is processed? Since student loan repayments typically begin after a 6-month grace period we would have that amount of time for her to find work and begin to pay it off. Just thinking out loud here.

And on top of that there is the issue of finding her some kind of health insurance since she wouldn't be eligible for OHIP for a while...but that's a bit outside the scope of this post!

Yes, 4 months before she could work. She could look for a job during that time but employees generally won't look at applicants that don't already have the right to work in Canada.

She should purchase travel insurance to cover her until she qualifies for OHIP. There are many threads about OHIP in this situation if you look around the forum.