General immigration/visa question

[gokou88]

Hi everyone,
My wife and I are planning to move to Vancouver, BC from Los Angeles sometime in the 3rd or 4th quarter of this year. My wife's originally from Vancouver and has family there. My wife's parents are getting quite old and we would like to spend more time with them. Anyway, I have started gathering info as to which visa I should apply for and am quite confused. Hoping for some assistance from board members ;D

Me: US citizen
Wife: Canadian citizen with US green card since 2008
Married for 10 years

I'm currently working for a US company and may be able to work remotely after moving to Canada either still as full-time or as a contractor. I haven't asked management yet since we are not 100% sure we will be moving. If my company does not approve this, then I will need to look for a new job in Vancouver. Then I will need to apply for a work visa?

On the other hand, I can have my spouse sponsor me as family. But the processing time website for family spousal sponsorship processing time in LA is 26 months at the moment. Does that mean I will need to wait at least that much time in order to move to Vancouver?

What is the best approach to be able to move by the end of the year?

Thanks!

 

[Rob_TO]

Hi everyone,
My wife and I are planning to move to Vancouver, BC from Los Angeles sometime in the 3rd or 4th quarter of this year. My wife's originally from Vancouver and has family there. My wife's parents are getting quite old and we would like to spend more time with them. Anyway, I have started gathering info as to which visa I should apply for and am quite confused. Hoping for some assistance from board members ;D

Me: US citizen
Wife: Canadian citizen with US green card since 2008
Married for 10 years

I'm currently working for a US company and may be able to work remotely after moving to Canada either still as full-time or as a contractor. I haven't asked management yet since we are not 100% sure we will be moving. If my company does not approve this, then I will need to look for a new job in Vancouver. Then I will need to apply for a work visa?

On the other hand, I can have my spouse sponsor me as family. But the processing time website for family spousal sponsorship processing time in LA is 26 months at the moment. Does that mean I will need to wait at least that much time in order to move to Vancouver?

What is the best approach to be able to move by the end of the year?

Thanks!

What you should do is, apply IMMEDIATELY for PR under family class with your wife as sponsor. You can do an outland application while you are both living in LA.

Outland apps for US citizens are now processed through CPP-Ottawa office, not the LA office. With a 10 year marriage your application should be a slam dunk easy approval, so it's realistic to expect a total processing time in the 10 month range (check the thread for CPP-Ottawa to see people's current times). Make sure you send in a complete app including your FBI check and medical exam done upfront, to ensure quickest possible processing time.

While the app is being processed, you are free to enter Canada as a visitor. It might be tough for you to get a work visa, so in this sense you may just need to wait until you get full PR status before looking for work in Canada. Else you would need to see if you qualify for a work permit based on your job being qualified under NAFTA, or by finding an employer willing to go through the LMO process to hire you.

But if you work remotely for your US company, are paid directly by the US company, and don't do any actual work for Canadians (so basically this limits you to sitting on a computer tele-commuting for your company), then you don't need a work permit.

 

[gokou88]

Thanks for the quick reply Rob_TO!

How do I exactly apply for an 'outland' application? Is there something different I need to do? Specific office to mail the application?

 

[Rob_TO]

Thanks for the quick reply Rob_TO!

How do I exactly apply for an 'outland' application? Is there something different I need to do? Specific office to mail the application?

All the forms you need for an outland app are here: http://www.cic.gc.ca/english/information/applications/fc.asp

In the question that asks what visa office you want for processing, you will put CPP-Ottawa. But you will actually mail the application first to CPC-Mississauga (it's all explained in the guide).

 

[Ponga]

Thanks for the quick reply Rob_TO!

How do I exactly apply for an 'outland' application? Is there something different I need to do? Specific office to mail the application?

Here's a link that will walk you through the process:
(for applicant)
http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp#3999E4

(for sponsor, see Part 1)
http://www.cic.gc.ca/english/information/applications/fc.asp

(more info)
http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf

Be prepared to spend a fair amount of time on preparing your applications (perhaps a few weeks to a month), as it will be a daunting task.

Oh...and it case you weren't aware of this...After you have your PR, you can always move back to the US and still have those days counted towards your PR requirements (730 days out of five years) as long as your wife is living there with you. I mention this, not to encourage you to leave Canada after you have your PR, but because the US Green Card residency requirements are much stricter than Canada's PR residency requirements. If she plans to forfeit her Green Card, this is a moot point.


Good luck!