NAFTA Work Permit - Can I bring my foreign spouse?

[mr_america]

Hi all,

I'm a US Citizen and my spouse is Syrian. We were outside of the US when the travel ban went into effect and it seems unlikely to get her back to USA for the time being. If I get a job in Canada and obtain a NAFTA work permit, how long do you think it would take to get her to Canada with me?

My thinking is that after I get the offer letter I could apply for the work permit from the appropriate Visa Office in USA, and hopefully include her in the application since the processing time is so fast per their website.

Does all of that look feasible? Our goal is to not be separated if at all possible for any extended period of time. We're currently in Germany but our student visas will end soon.

First time poster! This site looks great.

 

[scylla]

Hi all,

I'm a US Citizen and my spouse is Syrian. We were outside of the US when the travel ban went into effect and it seems unlikely to get her back to USA for the time being. If I get a job in Canada and obtain a NAFTA work permit, how long do you think it would take to get her to Canada with me?

My thinking is that after I get the offer letter I could apply for the work permit from the appropriate Visa Office in USA, and hopefully include her in the application since the processing time is so fast per their website.

Does all of that look feasible? Our goal is to not be separated if at all possible for any extended period of time. We're currently in Germany but our student visas will end soon.

First time poster! This site looks great.

It's feasible to apply but unfortunately approval is not guaranteed. Assuming your job falls under NOC A, B or 0 skill level (which I assume it would if it falls under NAFTA), your spouse will be able to apply for an open work permit based on your work permit. While she is entitled to apply, being approved is a different matter and unfortunately not a sure thing. To have the highest chances of approval, she will want to demonstrate strong ties to her home country / country of residence and show she has no plans on remaining in Canada permanently. Normally ties are things like employment, property ownership, etc. The fact she has traveled to countries such as Germany will work in her favour. The fact she is applying from outside of her home country may work against her (more difficult to show ties). Ultimately impossible for any of us to say if she will be approved or not and be able to accompany you to Canada.

 

[canuck78]

There will be concern that your wife will file for asylum in Canada. What is her current status in Germany?

 

[mr_america]

canuck78, she is on a student visa. She isn't a refugee and she can self support herself here in Germany. I guess the best way to show no intent to stay is our pending spouse visa application for the USA (which is currently undergoing the ~1 yr process for a travel ban waiver) and I have significant assets in USA (houses, bank accounts, family, etc.) Her life was pretty disrupted due to the war there in Syria, so she does not intend to go back there.

What do you think? I can see your point... hmm. Thanks for your reply.

 

[scylla]

canuck78, she is on a student visa. She isn't a refugee and she can self support herself here in Germany. I guess the best way to show no intent to stay is our pending spouse visa application for the USA (which is currently undergoing the ~1 yr process for a travel ban waiver) and I have significant assets in USA (houses, bank accounts, family, etc.) Her life was pretty disrupted due to the war there in Syria, so she does not intend to go back there.

What do you think? I can see your point... hmm. Thanks for your reply.

As previously said, there's certainly a chance she will be approved but also some chance she will be refused. None of us here can answer that question. Her case is not clear cut.

 

[mr_america]

scylla, thanks for both of your replies. I definitely appreciate it. Final thought: Since she is in Germany, is it still possible that I apply together at the US Visa Office? I ask because the average processing time states 2 weeks for the US office, but 9 weeks for Germany. With her not being physically in the US, it's unclear.

We will give it a shot either way. I'm doing well in interviews and I think I'll have an offer pretty soon.

 

[vensak]

Ok, Apply for what exactly?
From the point of view of Canadian TRV she is Syrian, that is currently residing in Germany.
Her ties to USA is you as her husband, but at the moment she has no rights to stay in USA.
So from the point of view of Canadian TRV she does not seem to have strong ties to her country (given it is a country where so many refugees have landed from in Canada). In addition she has her spousal application for USA. So as a result she will be rejected due to the lacking ties to her home country.
Her studying in Germany may say nothing about her current ability to obtain any travelling visas to western countries. (she could have had obtained her study permit in 2014 or 2013 which was before the whole conflict have escalated).

I would say, that your best chance is still that ongoing spousal sponsorship from USA.
Just to understand even after getting her green card for USA, she can still be rejected on open work permit for spouse in Canada.

 

[scylla]

scylla, thanks for both of your replies. I definitely appreciate it. Final thought: Since she is in Germany, is it still possible that I apply together at the US Visa Office? I ask because the average processing time states 2 weeks for the US office, but 9 weeks for Germany. With her not being physically in the US, it's unclear.

We will give it a shot either way. I'm doing well in interviews and I think I'll have an offer pretty soon.

The posted processing time is just an estimate. Actual processing times are anywhere from a few days to a number of months. Since her case isn't that straight forward, it's quite possible she may be waiting a while for a result. I would recommend applying through Germany since this is where you are currently living. Generally when people try to game the system by applying through visa offices with lower estimated wait times, this just causes delays.

 

[mr_america]

Ok, Apply for what exactly?
From the point of view of Canadian TRV she is Syrian, that is currently residing in Germany.
Her ties to USA is you as her husband, but at the moment she has no rights to stay in USA.
So from the point of view of Canadian TRV she does not seem to have strong ties to her country (given it is a country where so many refugees have landed from in Canada). In addition she has her spousal application for USA. So as a result she will be rejected due to the lacking ties to her home country.
Her studying in Germany may say nothing about her current ability to obtain any travelling visas to western countries. (she could have had obtained her study permit in 2014 or 2013 which was before the whole conflict have escalated).

I would say, that your best chance is still that ongoing spousal sponsorship from USA.
Just to understand even after getting her green card for USA, she can still be rejected on open work permit for spouse in Canada.

Vensak, thanks for the info. I agree it's fairly risky that she might be rejected. We're still doing the USA spousal visa (and have been since Jun 2017), but due to the Trump ban we're going to have to wait at least another year before that is issued. Meanwhile I am qualified to work in Canada, but just want her to be there with me. That's why it seems the fastest possible option is a work permit for me through NAFTA, and a spouse open work permit for her.

 

[vensak]

Vensak, thanks for the info. I agree it's fairly risky that she might be rejected. We're still doing the USA spousal visa (and have been since Jun 2017), but due to the Trump ban we're going to have to wait at least another year before that is issued. Meanwhile I am qualified to work in Canada, but just want her to be there with me. That's why it seems the fastest possible option is a work permit for me through NAFTA, and a spouse open work permit for her.

You can always try it. Just do not be disappointed if it will not work out.

 

[SALAMLM]

Hi all,

I'm a US Citizen and my spouse is Syrian. We were outside of the US when the travel ban went into effect and it seems unlikely to get her back to USA for the time being. If I get a job in Canada and obtain a NAFTA work permit, how long do you think it would take to get her to Canada with me?

My thinking is that after I get the offer letter I could apply for the work permit from the appropriate Visa Office in USA, and hopefully include her in the application since the processing time is so fast per their website.

Does all of that look feasible? Our goal is to not be separated if at all possible for any extended period of time. We're currently in Germany but our student visas will end soon.

First time poster! This site looks great.

I have very similar situation, can i know what happen with you

 

[mr_america]

Hi, it took a little bit of time to find a job, but I just received an offer. I hope to have more info soon. What I can tell you is that many companies in Canada seem unfamiliar with the NAFTA Professionals work permit program, so it was difficult to find one willing to interview me as a result. Understandably, most want to alleviate all risk by insisting that applicants already have a work permit.

They gave me a verbal offer on Friday, and I hope to get the formal offer this week. My plan is to immediately fly there and start the process.

 

[tradimus]

Hi, it took a little bit of time to find a job, but I just received an offer. I hope to have more info soon. What I can tell you is that many companies in Canada seem unfamiliar with the NAFTA Professionals work permit program, so it was difficult to find one willing to interview me as a result. Understandably, most want to alleviate all risk by insisting that applicants already have a work permit.

They gave me a verbal offer on Friday, and I hope to get the formal offer this week. My plan is to immediately fly there and start the process.

Grats on the job. I have a situation similar to what you described in your first post. I'm a US citizen with an Iranian girlfriend and we are affected by the travel ban.
So you are willing to do this knowing the possibility that she may not be able to enter Canada (via Open work permit or TRV) if she cant prove strong ties back to her home country. What is your action plan? I assume you'll return to USA if her TRV/Open work permit isnt approved?

I wonder if Express Entry or the Provincial Nominee programs are an option for us and which option would be better.
I've also thought about considering moving to other countries like UAE or Mexico.

 

[canuck78]

Grats on the job. I have a situation similar to what you described in your first post. I'm a US citizen with an Iranian girlfriend and we are affected by the travel ban.
So you are willing to do this knowing the possibility that she may not be able to enter Canada (via Open work permit or TRV) if she cant prove strong ties back to her home country. What is your action plan? I assume you'll return to USA if her TRV/Open work permit isnt approved?

I wonder if Express Entry or the Provincial Nominee programs are an option for us and which option would be better.
I've also thought about considering moving to other countries like UAE or Mexico.

Would likely much faster to move together in the UAE. Getting a TRV for your wife will be very difficult.

 

[mr_america]

Update: It worked well and she received her visa. Happy Canada Day to all!