Help, which program do I choose?

[beaches36]

Hi everyone,

I have a quite complicated situation, so please excuse the long text. I haven't been able to find the right information online - I really hope you can help!

Here's some information to understand my case:
- I'm German, 36 years old, and have been in a common-law relationship with a Canadian citizen for 8 years (we lived in Germany so far)
- 8 years of work experience in a "0" / "A" NOC job; education: PhD
- No Canadian experience, no job offer
- I'll be able to come to Canada as early as March 2020 and would like to be as close to having a work permit until then

Here's my problem:
1) I wanted to apply under the express entry program and uploaded a profile. Because I only have 458 points, I will have to wait for an unknown amount of time.
2) I would, therefore, like to apply under the spousal sponsorship program. As I will only be able to go to Canada next March, I would ideally like to apply with the "outside" option (apparently this one is also quicker).

Question 1: Can I apply for an Outside Sponsorship and still come to Canada next March?

I also found out that apparently I am eligible for an Open Work Permit because I have a Canadian common-law partner. This brings me to question 2:

Question 2: Can I apply for an Open Work Permit and for an Outside Sponsorship at the same time, then come to Canada next March to find work and wait in Canada for the outside sponsorship to come through?

Is there anyone who can give me information for those 2 questions (or suggest another alternative)? I'd be very thankful for any insight and wish all of you much success in your immigration process!

 

[scylla]

Hi everyone,

I have a quite complicated situation, so please excuse the long text. I haven't been able to find the right information online - I really hope you can help!

Here's some information to understand my case:
- I'm German, 36 years old, and have been in a common-law relationship with a Canadian citizen for 8 years (we lived in Germany so far)
- 8 years of work experience in a "0" / "A" NOC job; education: PhD
- No Canadian experience, no job offer
- I'll be able to come to Canada as early as March 2020 and would like to be as close to having a work permit until then

Here's my problem:
1) I wanted to apply under the express entry program and uploaded a profile. Because I only have 458 points, I will have to wait for an unknown amount of time.
2) I would, therefore, like to apply under the spousal sponsorship program. As I will only be able to go to Canada next March, I would ideally like to apply with the "outside" option (apparently this one is also quicker).

Question 1: Can I apply for an Outside Sponsorship and still come to Canada next March?

I also found out that apparently I am eligible for an Open Work Permit because I have a Canadian common-law partner. This brings me to question 2:

Question 2: Can I apply for an Open Work Permit and for an Outside Sponsorship at the same time, then come to Canada next March to find work and wait in Canada for the outside sponsorship to come through?

Is there anyone who can give me information for those 2 questions (or suggest another alternative)? I'd be very thankful for any insight and wish all of you much success in your immigration process!

You will only qualify for an open work permit through your common law partner if you travel to Canada and are sponsored through the inland spousal sponsorship program. If your spouse sponsors you inland, an open work permit can be included with that application which will be granted around four months after the complete application package is received. Of course this requires both you and your common law parnter to be physically in Canada at the time the application is submitted and requires you to continue living in Canada while the application is processed.

If you apply outland, you will not qualify for an open work permit. So the answer to question 2 is no.

Processing for both inland and outland is approximately 12 months.

 

[beaches36]

You will only qualify for an open work permit through your common law partner if you travel to Canada and are sponsored through the inland spousal sponsorship program. If your spouse sponsors you inland, an open work permit can be included with that application which will be granted around four months after the complete application package is received. Of course this requires both you and your common law parnter to be physically in Canada at the time the application is submitted and requires you to continue living in Canada while the application is processed.

If you apply outland, you will not qualify for an open work permit. So the answer to question 2 is no.

Processing for both inland and outland is approximately 12 months.

Scylla, thanks a lot for your reply!

Are you sure I only qualify for an open work permit under the circumstances you described? I completed a wizard on the CIC page ("find out if you're eligible"), which assessed that I appear to be eligible for an open work visa. I think the key is the question "Do you plan to work in one of the following categories?" which has "Highly-skilled workers and researchers (Global Skills Strategy)" as one option.

Global skills strategy is explained as "a new initiative to help bring highly-skilled workers and researchers to Canada. Through this strategy, you can have a work permit exemption for short-term work in Canada if you meet the eligibility for one of these categories:
Eligibility for high-skilled workers
• your job needs to be under the NOC skill type 0 (managerial) or A (professional)"

As both of my jobs have been under NOC skill types A (7 years) and 0 (1 year), I selected "yes".

I now have an ongoing unsubmitted application that I could send off tonight. Do you see a reason not to do so, i.e. could it harm my chances of getting PR later if I'm rejected?

Thanks again for your support!

 

[PMM]

Hi

Scylla, thanks a lot for your reply!

Are you sure I only qualify for an open work permit under the circumstances you described? I completed a wizard on the CIC page ("find out if you're eligible"), which assessed that I appear to be eligible for an open work visa. I think the key is the question "Do you plan to work in one of the following categories?" which has "Highly-skilled workers and researchers (Global Skills Strategy)" as one option.

Global skills strategy is explained as "a new initiative to help bring highly-skilled workers and researchers to Canada. Through this strategy, you can have a work permit exemption for short-term work in Canada if you meet the eligibility for one of these categories:
Eligibility for high-skilled workers
• your job needs to be under the NOC skill type 0 (managerial) or A (professional)"

As both of my jobs have been under NOC skill types A (7 years) and 0 (1 year), I selected "yes".

I now have an ongoing unsubmitted application that I could send off tonight. Do you see a reason not to do so, i.e. could it harm my chances of getting PR later if I'm rejected?

Thanks again for your support!

1. You are confusing 2 programs. Spousal sponsorship. Note for the highly "skilled worker" you need a job offer, which I assume you don't have.
2. Note your Canadian spouse can sponsor you will you and your spouse are residing abroad. Though your spouse has to include plans to return to Canada once you are issued your PR visa. (COPR)

 

[beaches36]

Also thank you for your reply, PMM!

I have just completed the eligibility questionnaire again, indicating I don't have a job offer, and the results is:

Open work permit (Outside Canada)
You may be eligible to come to Canada to work with an open work permit.


I also don't think I'm confusing two programs (could you explain which ones would I be confusing? I'm aware of the differences between inland/outland sponsorship (PR), express entry for highly skilled workers (PR), and then the open work permit (not PR), which apparently has a new program for skilled workers as well (Global Skills Strategy).

 

[canuck_in_uk]

Also thank you for your reply, PMM!

I have just completed the eligibility questionnaire again, indicating I don't have a job offer, and the results is:

Open work permit (Outside Canada)
You may be eligible to come to Canada to work with an open work permit.


I also don't think I'm confusing two programs (could you explain which ones would I be confusing? I'm aware of the differences between inland/outland sponsorship (PR), express entry for highly skilled workers (PR), and then the open work permit (not PR), which apparently has a new program for skilled workers as well (Global Skills Strategy).

I suggest you post your answers, as you've answered something incorrectly to get to that option.

 

[beaches36]

I suggest you post your answers, as you've answered something incorrectly to get to that option.

Sure! Here we go...

What would you like to do in Canada? --> Work
How long are you planning to stay in Canada? --> Temporarily (more than six months)
Select the code that matches the one on your passport. --> Germany
What is your current country/territory of residence? --> Germany
Do you have a family member who is a Canadian citizen or permanent resident and is 18 years or older? --> Yes
What is your date of birth? 1983
Are you a lawful permanent resident of the United States with a valid U.S. Citizenship and Immigration Services (USCIS) number? --> No
Do you have a written offer from an employer in Canada? --> No
Do you plan to work in one of the following categories?

• Athletes and coaches
• Aviation accident or incident investigators
• Business visitors
• Civil aviation inspectors
• Clergy
• Convention organizers
• Crew members
• Emergency service providers
• Examiners and evaluators
• Expert witnesses or investigators
• Family members of foreign representatives
• Foreign government officers
• Foreign representatives
• Health-care students
• Highly-skilled workers and researchers (Global Skills Strategy)
• Judges, referees and similar officials
• Military personnel
• News reporters, film and media crews
• Performing artists
• Public speakers

--> Yes

Will you be coming to Canada with a spouse or common-law partner who is, or will be, working in Canada as a foreign worker or who is, or will be, a full-time student at a university, community college, CEGEP or other authorized educational institution? --> No
Are you of working age, and a dependent of a person who is (or will be):

• working in Canada,
• or a full-time student at a designated learning institution?

--> Yes

Have you recently graduated from a participating Canadian post-secondary institution for which your study program was full-time and a minimum of eight months? --> No

What is your marital status? --> Common-law

What is your province of destination? --> Ontario

Result:
Your results
Based on the information you provided, the result(s) below indicate(s) whether you may be eligible to come to Canada.


Open work permit (Outside Canada)
You may be eligible to come to Canada to work with an open work permit.

 

[beaches36]

PS just to clarify, "Family member" is defined as "An applicant's closest relatives, in the context of an application to IRCC. It is defined as a spouse or common-law partner, dependent children, and their dependent children." --> Since my girlfriend/common-law partner is Canadian, that is a "yes"

 

[canuck_in_uk]

Sure! Here we go...

What would you like to do in Canada? --> Work
How long are you planning to stay in Canada? --> Temporarily (more than six months)
Select the code that matches the one on your passport. --> Germany
What is your current country/territory of residence? --> Germany
Do you have a family member who is a Canadian citizen or permanent resident and is 18 years or older? --> Yes
What is your date of birth? 1983
Are you a lawful permanent resident of the United States with a valid U.S. Citizenship and Immigration Services (USCIS) number? --> No
Do you have a written offer from an employer in Canada? --> No
Do you plan to work in one of the following categories?

• Athletes and coaches
• Aviation accident or incident investigators
• Business visitors
• Civil aviation inspectors
• Clergy
• Convention organizers
• Crew members
• Emergency service providers
• Examiners and evaluators
• Expert witnesses or investigators
• Family members of foreign representatives
• Foreign government officers
• Foreign representatives
• Health-care students
• Highly-skilled workers and researchers (Global Skills Strategy)
• Judges, referees and similar officials
• Military personnel
• News reporters, film and media crews
• Performing artists
• Public speakers

--> Yes

Will you be coming to Canada with a spouse or common-law partner who is, or will be, working in Canada as a foreign worker or who is, or will be, a full-time student at a university, community college, CEGEP or other authorized educational institution? --> No
Are you of working age, and a dependent of a person who is (or will be):

• working in Canada,
• or a full-time student at a designated learning institution?

--> Yes

Have you recently graduated from a participating Canadian post-secondary institution for which your study program was full-time and a minimum of eight months? --> No

What is your marital status? --> Common-law

What is your province of destination? --> Ontario

Result:
Your results
Based on the information you provided, the result(s) below indicate(s) whether you may be eligible to come to Canada.


Open work permit (Outside Canada)
You may be eligible to come to Canada to work with an open work permit.

Are you of working age, and a dependent of a person who is (or will be):

• working in Canada,
• or a full-time student at a designated learning institution?

--> Yes


The answer is No. They are referring to spouses of foreign workers and international students. Spouses of Canadian citizens/PRs do not qualify.

 

[beaches36]

Are you of working age, and a dependent of a person who is (or will be):

• working in Canada,
• or a full-time student at a designated learning institution?

--> Yes


The answer is No. They are referring to spouses of foreign workers and international students. Spouses of Canadian citizens/PRs do not qualify.

Wow, thank you, I assumed that it includes citizens. So that means the quickest way for me to be allowed to work in Canada is to apply for an inland sponsorship once I'm there in March and include the work permit application? That would mean best case June/July. That's terrible...how is there not an easier option for spouses of citizens?

I read on an immigration lawyer's page (https://meurrensonimmigration.com/the-inside-canada-vs-outside-canada-sponsorship-process/) that the outland process can be as low as 4 months - I'm sure that's not to be expected, but do you think it would be worth a try to apply outland now as it might be quicker than the Inland-March-Work Permit option?

Thanks again for taking the time, really appreciate it.

 

[canuck_in_uk]

Wow, thank you, I assumed that it includes citizens. So that means the quickest way for me to be allowed to work in Canada is to apply for an inland sponsorship once I'm there in March and include the work permit application? That would mean best case June/July. That's terrible...how is there not an easier option for spouses of citizens?

I read on an immigration lawyer's page (https://meurrensonimmigration.com/the-inside-canada-vs-outside-canada-sponsorship-process/) that the outland process can be as low as 4 months - I'm sure that's not to be expected, but do you think it would be worth a try to apply outland now as it might be quicker than the Inland-March-Work Permit option?

Thanks again for taking the time, really appreciate it.

Overall, outland can certainly be faster than inland but 4 months is not common unless the applicant is American. I believe German apps go to Vienna, so have a search for a Vienna thread to see what processing times look like.

 

[beaches36]

Overall, outland can certainly be faster than inland but 4 months is not common unless the applicant is American. I believe German apps go to Vienna, so have a search for a Vienna thread to see what processing times look like.

Will do so, thanks!!