Moving family from US to Canada - Questions about our options

[orejo]

Hi all,

Our family is planning to move from Oregon to British Columbia with the goal of eventually establishing Citizenship in Canada. I have been researching our options and am hoping for some guidance from those of you who understand this process much better than I ever will. We have a few unique elements to our situation that could use the group expertise and brainpower present on these forums.

Our family consists of the following household members:

• Myself - Female (37), Masters degree in Social Work. 8 years experience in Child Protective Services, 2 years as a Supervisor of CPS. Currently employed as a Business Analyst for the IT system that CPS workers use. While I have no IT or Business Analyst education, I now have 5 years of experience in the field. I am the primary wage earner for the household currently and make 75k USD annually.
• Spouse - Male (38), Bachelor's Degree in Computer Science/Business. Degree was received in June 2016 after many years of part time school while working from home and being the primary parent. Currently employed in a clerical support position making 35k USD annually. 4 years of experience in IT work (user support, web development, some coding) for an online company.
• Child 1 - Male (18), will have a Bachelor's Degree in Psychology/Music in June 2017. Currently has a 2 year AA transfer degree. Experience in theater and music performance and theme park operations, but open to any available career path where he can find employment.
• Child 2 - Male (16), will have a 2 year AA degree in June 2017. Wants to transfer to a university in Canada and complete his Bachelors then go on to law school and become an attorney (but he is young, so that path is subject to change.)
• Housemate - Female (24), will have a 2 year general studies AA degree in June 2017. No work experience, most interested in clerical office work but open to any career path. She is transgender and joined our family when hers rejected her. While there is no legal method to make her a family member, she is family by every non-legal sense of the word.
  

Our plan is to try and move in the Summer of 2017 and our preferred location is Kelowna. My spouse is able to start applying for and entertaining job offers ASAP and he could move ahead of the rest of us if he is able to secure employment prior to Summer.

Some of the questions I have:

• Can my spouse qualify as a skilled IT worker based on his education/employment history? We would prefer that he find a job first and then the rest of us start looking for work in the town where he secured the primary employment, but I am concerned that his qualifications skirt the line pretty closely. While, to the letter, he meets the NOC criteria, I read about tech employers requiring much more experience to hire someone in an IT position.
• Should our sons apply for Student SWAP visas at the same time as my husband and I applying for jobs as skilled workers?
• How necessary is taking the language test for each of our household members? Is it dependent on which of us is the primary applicant for entry? I know that the student SWAP work Visa program gives an exception for an AP test score in english (both of my kids have that criteria met), but do the rest of us have to take the test?
• Will our housemate's only option be to complete the application process independently, or can we include her as a dependent in our family? Other ideas or options for how to have her join us?
• Are there any university tuition agreements that will offer resident tuition to my son instead of international tuition? I know that the State of Washington has an agreement with some BC schools, but I haven't been able to locate one that includes the State of Oregon. Are you aware of any situations/scenarios where they would waive the international tuition fee and charge resident instead?
• Since my skilled work area that meets the NOC criteria is in Social Work, am I limited to working in that field or can I seek employment as a Business Analyst?
• Are there restrictions on working in government positions while on a work visa? Child Protection jobs are almost entirely government positions and that is what I expect I will be applying for and be able to secure for employment.
• Am I missing some important step or piece of information that I should be considering?

Thank you all in advance for any assistance and guidance you can provide.

 

[Rob_TO]

Are you attempting to apply for work visas to come to Canada temporarily, or for PR (through express entry) to come to Canada permanently as PRs?

You can't "move" to Canada until you have PR, or a work/study permit already processed. Until then one can just "visit" Canada.

In order to get a work visa a US citizen has a few options:
1. If job qualifies under NAFTA and you have necessary education/work experience, all you need is a job offer. This will be a Closed work permit for only that 1 employer.
2. If job is not under NAFTA, employer will need to go through cost and time of LMIA process (post the job and prove to government no Canadian is suitable for the role) and get it approved to hire you. Again this is a closed work permit for just the 1 employer.
3. Can get an Open Work Permit via SWAP program (if currently in or finishing university/college)

If just 1 of you can obtain a work visa, I believe the spouse can then get an OWP based on that.

To get PR in Canada through express entry, you need to submit an application and then wait to see if you're selected. Just 1 of you would need to be selected, and then spouse + dependent kids would be included in the app and you would all get PR status together. I would check the express entry section of this forum.

Regarding your housemate, she can definitely NOT be included in any of your applications. She is not related to any of you legally, and is well over age of dependent. Nor can you sponsor her even if you do become PRs. She will need to qualify to immigrate to Canada completely independently.

 

[orejo]

We would prefer to apply for PR through express entry, but would it make more sense to just start with work visas and then app for that after we are already there?

Thanks for the clarifying information!

 

[jes_ON]

This may be of interest -

http://www.cicnews.com/2016/11/surge-interest-canadian-immigration-expected-after-trump-victory-118648.html

 

[scylla]

A couple of important points about dependents in your PR application...

As mentioned above, your housemate cannot immigrate with you or benefit from a work permit with you because she is too old and no relation to your family. If your housemate wishes to move to Canada, she will have to qualify on her own. Without at least a year of work experience, she will not qualify for PR and should expect it will be next to impossible to secure a work permit. So if she does wish to relocate, getting a year of work experience (preferably in a skilled occupation) is a required first step - although even this will certainly far from guarantee that she will be able to move here. Agreed SWAP is probably her best option once she is close to finishing school. Another option would be to continue her studies in Canada as an international student - although this is a very expensive option.

As of now, the age for being included as a dependent in a PR application is under 19. This means your application for PR must be received by CIC BEFORE your son turns 19. Otherwise he will no longer be a dependent and will have to qualify to immigrate on his own.

If you want to immigrate summer 2017, you and your husband should apply for Express Entry asap. Also important because of your son's age. You'll need to take the IELTS English language test first (make sure you study the marking structure so that you can both score high) and you'll both also need to have your education formally assessed.

 

[jes_ON]

Some of the questions I have:

• Can my spouse qualify as a skilled IT worker based on his education/employment history?
  
  Qualify yes. Might not have enough points to earn an invitation though. The only way to know is to fill out the online profile. To be able to complete the profile, the Principal Applicant is required to have language test scores AND the educational credentials assessment done.
  
  Also consider that you could be the PA, you might have a higher score.
  
  We would prefer that he find a job first and then the rest of us start looking for work in the town where he secured the primary employment, but I am concerned that his qualifications skirt the line pretty closely. While, to the letter, he meets the NOC criteria, I read about tech employers requiring much more experience to hire someone in an IT position.

First, know that it is MUCH easier to get a work permit if you work in an occupation designated under NAFTA (at least until Trump kills NAFTA). Easy work permit = more willing employers.

http://www.tnvisaexpert.com/overview/nafta-job-list/

• Should our sons apply for Student SWAP visas at the same time as my husband and I applying for jobs as skilled workers?

they could, it would be independent of your status. On the other hand, if either of you got a temporary work permit (along with a full-time job in a skilled occupation), they *might* be eligible for a dependent open work permit. Currently, the maximum age to be considered a dependent is 19, but the new government plans to change that to 22. When that will happen is anyone's guess.

• How necessary is taking the language test for each of our household members? Is it dependent on which of us is the primary applicant for entry?
  
  Required for the principal applicant (PA). Optional for spouse, but you get extra points for it.
  
  • Will our housemate's only option be to complete the application process independently, or can we include her as a dependent in our family? Other ideas or options for how to have her join us?
  
  Unfortunately, because of her age, she would be considered an independent adult regardless if she were your flesh-and-blood, and would have to qualify on her own. Being that she is still in school, probably the best option (and a good foot in the door to permanent residence) is to transfer and complete a degree/diploma at a Canadian college.
  
  • Are there any university tuition agreements that will offer resident tuition to my son instead of international tuition? I know that the State of Washington has an agreement with some BC schools, but I haven't been able to locate one that includes the State of Oregon. Are you aware of any situations/scenarios where they would waive the international tuition fee and charge resident instead?
  
  Don't know of any except perhaps in border communities. Depending on where she is studying, if her college has a Study Abroad / International Ed office, she can get some good advice. Or check directly with institutions in Kelowna, if that is where you are planning to move.
  
  • Since my skilled work area that meets the NOC criteria is in Social Work, am I limited to working in that field or can I seek employment as a Business Analyst?
  
  No idea what you mean by this. You have skilled work experience in social work / social services (NOC 0423, 4152 and/or 4212) and as a Business Analyst (probably NOC 1122 or 2171). You match the NOC based on the lead statement and most importantly, duties and responsibilities (regardless of job title). With the exception of "regulated" occupations, the education criteria do not apply.
  
  Regardless of the NOC you use to qualify for PR, you can apply for any job. HOWEVER, if you get a closed work permit (as opposed to open work permit), you can ONLY do the work specified on the work permit, for the employer specified.
  
  • Are there restrictions on working in government positions while on a work visa? Child Protection jobs are almost entirely government positions and that is what I expect I will be applying for and be able to secure for employment.
  
  The issue isn't that it is a"government" position, but a regulated occupation. Social Work IS a regulated occupation, and you would have to become licensed in BC to work in BC as a social worker. (You do not need to be licensed in BC to use your non-Canadian experience to qualify, but you would have to be licensed before you could start to work - although it looks like there is a "provisional" license category. )
  
  http://www.bccollegeofsocialworkers.ca/
  

 

[Rob_TO]

We would prefer to apply for PR through express entry, but would it make more sense to just start with work visas and then app for that after we are already there?

Thanks for the clarifying information!

Yes I believe it helps the express entry process if you already have Canadian employment or a job offer.

However keep in mind that none of you can "move" to Canada until you're PRs or have work permits already in place. If you sever ties in the US and try to "move" earlier than that with a bunch of your belongings just to start looking for work, you may find yourselves turned away at the border. You can certainly "visit" Canada to look for potential employers here in person, but during this time you must act like visitors which means maintaining a residence/employment in the US and being prepared to leave before your visitor status runs out (though you can always extend visitor status if needed once in Canada).

If you or your spouse get a work permit and move your family here based on that, your kids will need to apply for study permits to attend school here. As such they would normally be charged international student tuition fees wherever they go. If some schools are offering lower fees for some US residents that's up to them but I doubt there are many as international students make the schools a lot of money.

 

[jes_ON]

Some more good advice on where to start -

http://www.canadavisa.com/canada-immigration-blog/2016/11/dear-phil.html

 

[vensak]

ok in your current situation you woýld qualify for ee but your points will be too low. Even with top english from you and your spouse you would land max 420 points or something like that. That is because of your age. Current cut off for invitation to apply is 470+. So if you get job offer under nafta you could get additional 50 point which would move you there.
For your older son to be able to go with you only if he is not 19 at the day you recieve ita.
English test is must for you regardless that you are native speaker. For your wife so far optional but not to take it would deprive you of invitation.
Other topic are costs in canada. I would say that your salary might even go down at the start there and living cost like in bigger cities might be higher.
Your older son may also qualufy for 1 year work permit for young people. My best advice is to think for him an alone standing path. There is also a family stream for getting in older children if you make it in. Also study in canada will be beneficial for him.

 

[canuck_in_uk]

There is also a family stream for getting in older children if you make it in.

There is no such family stream.

 

[orejo]

Thanks everyone for the responses! There is a lot of useful, clarifying information here that is going to help with my research and direction. I am going to follow up on some of the links and info posted and come back with more questions if I have them. Right now the biggest issue is that our housemate will be on her own with the process...that puts a real damper on things.

Just to clarify, we did not plan to just pick up and move - Summer is a target date based on school for my kids.

 

[orejo]

Hi All,

I have a few follow up questions I am hoping you could answer.

If one of us has a job offer, is the available funds requirement waived?

I found Social Work listed as a medical profession in the directory at Health Match BC but does that only qualify when working in a health care setting?

I read on some other sites that our age is a bit of a deal breaker for Express Entry, even with a job offer. Is that a valid concern?

When submitting our degrees and transcripts for the educational assessment, do we submit transcripts from each school we attended or just the one we graduated from? The school we graduated from has the other transcripts incorporated into the degree, but I can't tell if each separate set of transcripts is needed or not.

 

[scylla]

A few answers:

- Your age will definitely impact your overall points negatively. Not a deal breaker. However certainly not a benefit.
- Job offer isn't enough to get an exemption for proof of funds. You also need an approved LMIA from the employer (this bit is significantly more difficult to obtain). Job offer also has to be for a permanent role.