Newly wedded couple - seeking help for PR!

[amikety]

Thank you so much for your detailed response! But now with all that said, his only work experience is in construction. He and his father have their own roofing and landscaping maintenance so I don't know how that works with the OWP. Will he need someone to hire him first before applying for an OWP? The only proof of his work is his business card (if that helps even a little bit).

Another question, when I start mailing the application, which papers do I send first? Or do I just send all of them at once including medical exams and police checks?

If he's applying Inland, there is no right answer of when to do the medicals. Medicals expires after 1 year. Inland takes 14 months. 14>12. Now, CIC has the option to extend the medicals if they are ready to issue the visa within 15 months of original exam date. Whether or not they do is at sole discretion of CIC. If you decide to wait on the medicals, CIC will send you a request during processing to get them done. However, that can delay the overall application 2-3 months. (No medicals isn't considered a complete application.) Since he will be in Canada and able to work, the 2-3 months delay might not be a big deal for you. Keep in mind, healthcare does not cover immigration exams, so you will have to pay out of pocket even if he qualifies for healthcare as a worker (or your dependant in AB).

You should include the police clearance for the same reasons above. I would say this is less of a choice. Unless you're faced with a difficult situation (3 months or more wait to get a police clearance) then do not leave them out of the application!

Depending on where you live, it should be fairly easy for him to find work in the construction trade. He could also consider the Federal Skilled Trades visa - he might qualify. (I'm not super familiar with it and it's a fairly new program for tradesmen. He might want to look into it.) That, once again, would take the pressure off of you to prove genuine relationship. Instead, he proves his tradesman skills.

Also, depending on where you live, he might be able to get a temporary work permit. I've seen ads on Kijiji for roofers with LMOs in Calgary. It might not be a bad idea to check from time-to-time. With a temporary work permit, he could also potentially earn his PR through PNP (depending on province). (I keep mentioning these so you're aware there are other options.

Now - about Inland. Beware that if you pick Inland, his visa could be delayed a lot longer than 14 months. Most Inland visas are processed at Vegreville, but occasionally due to overflow and other reasons (that I'm not familiar with to detail), some files are transferred to the local office. (Meaning if you live in Toronto, to goes to Toronto's office - you get the idea). Local office can take a very long time. Last I heard (it's been a few months), Edmonton office was at 19 months on top of the 14 months processing time. That's 25 months for processing. Meanwhile, people that apply through Ottawa are usually finished within 13 months, many in 7-8 months. Mexico City VO is also faster. (I think 10 months, but I'm too lazy to go check for sure.) So consider that too! (And keep in mind the potential of an interview, which would be in the country of the VO where he applies.)

 

[tinareyes]

If you are worried about proving your relationship I suggest that while he is here throw a party and set up some "dates" with family members/friends to help increase your picture count. CIC loves casual informal-style pictures. I would also start asking family members/friends to start writing "relationship letters": basically they write a one page letter vouching your relationship.

I would also get started ASAP on the security checks and medical stuff. My application mailing was seriously delayed due to FBI security check waiting times.

I'm not sure about US PR status but I suggest looking into it. A family friend of ours abandoned her US PR status when the family moved to her home country (Australia) and she is having a heck of a time trying to get it back when her US hubby got work in the states again.

Can he do the police checks and medical exam IN Canada? Or does he have to get them outside? And if he lived in Mexico and the US, would he need the police checks from both countries?

 

[amikety]

Can he do the police checks and medical exam IN Canada? Or does he have to get them outside? And if he lived in Mexico and the US, would he need the police checks from both countries?

Yes to the medicals (cheaper than the USA) and yes to the USA's police check. The Mexico police check takes a little more work, but I think it can be done from Canada.

Any country he's lived in or visited for more than 6 months, he must supply a police certificate for. CIC will require them even if you were a visitor, volunteer, mission worker, etc. They are also fond of requiring certificates for countries you were in for almost 6 months. So if you were in a country for 5.5 months or any reason, I would supply the certificate anyway.

http://www.cic.gc.ca/english/information/security/police-cert/index.asp

 

[tinareyes]

I found this on the CIC website:

Do I need to provide a police certificate when applying for permanent residence?
Yes, but not with your initial application.

The visa office where you submit your application will contact you when they need this information.

That is regarding the police certificate for Mexico (if he is living outside Mexico). So I'm assuming that means I won't need this right away, and I should wait for their request for it? Or should I just get one and send it with the initial application anyway?

 

[amikety]

I found this on the CIC website:

That is regarding the police certificate for Mexico (if he is living outside Mexico). So I'm assuming that means I won't need this right away, and I should wait for their request for it? Or should I just get one and send it with the initial application anyway?

Providing the police certificate at the beginning is technically optional. But a very good idea.

The times published on CIC's website are based on a complete application. If you don't send in a complete application, CIC isn't bound to those times. If you don't send in the police clearance with the application and you go past CIC's published times, CIC can just throw up their hands and blame you. You didn't supply all the material they needed.

Not to say CIC doesn't lose things and this happens anyway, but in that case, you'd be doing it to yourself.

If you're okay with adding possible delays to your application, then that's your business.

 

[tinareyes]

Providing the police certificate at the beginning is technically optional. But a very good idea.

The times published on CIC's website are based on a complete application. If you don't send in a complete application, CIC isn't bound to those times. If you don't send in the police clearance with the application and you go past CIC's published times, CIC can just throw up their hands and blame you. You didn't supply all the material they needed.

Not to say CIC doesn't lose things and this happens anyway, but in that case, you'd be doing it to yourself.

If you're okay with adding possible delays to your application, then that's your business.

Makes total sense. Thank you very much for your time and help. I'll message you if I have any further questions, but I guess I should start requesting those certificates!!

 

[tinareyes]

No, he doesn't need a job offer to get the OWP and it doesn't matter what his work experience is.

You send everything together in one package, his forms, your forms, proof of relationship, police certs etc.

For the OWP, which one does he check:

1. A work permit with the same employer
2. Restoration of temporary resident status as a worker
3. A work permit with a new employer
4. Initial temporary resident permit or extension of temporary resident permit

I'm assuming either 3 or 4, but if 3 does he have to include his new employer even if he hasn't found one?

 

[opmama]

Applying for Canadian PR is going to make keeping his US PR very tricky. Here's an article on things that are useful for keeping your US PR if you are spending substantial time out of the country. http://www.klaskolaw.com/articles.php?action=view&id=51

In particular, he'd want to maintain a residence and pay taxes in the US. I don't know how much intergovernment communication there is, but any evidence that he has moved somewhere else with permanent intent (guessing that applying for Canadian PR is pretty clear intent, as is marrying someone who doesn't have legal status in the us) could cause him issues if known at the border. If he wants to try to keep his green card until the Canadian PR process is done, I'd get some legal advice.

 

[amikety]

For the OWP, which one does he check:

1. A work permit with the same employer
2. Restoration of temporary resident status as a worker
3. A work permit with a new employer
4. Initial temporary resident permit or extension of temporary resident permit

I'm assuming either 3 or 4, but if 3 does he have to include his new employer even if he hasn't found one?

#4.

 

[tinareyes]

#4.

Thank you. Another question:

On the application form IMM0008, question #11 asks "Current country of residence".
Do I put 'Canada' and his status as 'Visitor' or do I put it as 'USA' and his status as 'Permanent Resident'?

Nevermind. I went along with the Canada and Visitor. I just noticed I have a spot to put in the USA one.