Open Work Permit for Spouse

[Ready to become American!]

Hello,

I am a Canadian who married an American. The intent is for me to sponsor my spouse. My confusion pertains to the validity of my American co-workers who's American spouses are able to obtain open work permits in Canada even though they do not have any special designations / under Nafta etc. Within 20 minutes at a border crossing their spouse can obtain an open work permit for a couple of hundred dollars free and clear to work anywhere in Canada to do any type of work in case they become "bored" while their American husband is working in Canada for the next 2.5 years (as is this specific case). I do not comprehend how a Canadian born and raised here needs to wait years and spend thousands to legally be able to have their American husband come to canada and be able to work. What am I missing with this process? Thanks kindly.

 

[canuck_in_uk]

Hi

You're not missing anything. Spouses of Temporary Foreign Workers who hold a NOC A, B or 0 job can apply for an Open Work Permit based solely on their spouse's status, while no such option exists for spouses of Canadian citizens and PRs. It's been a much debated topic here on the forum.

As for the years to wait and thousands to spend, it's not quite that bad. At the moment, a straightforward American outland app would take about 8-10 months. The app costs $1040; with all of the additional costs, you're looking at around $1500. And keep in mind, your spouse would be gaining the right to live and work in Canada for the rest of his life, not just for a few years. It's a much more in depth application than just a work permit; it takes more man hours, more security and background checks, processing of both yourself as a sponsor and your partner, etc. That naturally translates to a higher fee.

 

[Ready to become American!]

Hi

You're not missing anything. Spouses of Temporary Foreign Workers who hold a NOC A, B or 0 job can apply for an Open Work Permit based solely on their spouse's status, while no such option exists for spouses of Canadian citizens and PRs. It's been a much debated topic here on the forum.

As for the years to wait and thousands to spend, it's not quite that bad. At the moment, a straightforward American outland app would take about 8-10 months. The app costs $1040; with all of the additional costs, you're looking at around $1500. And keep in mind, your spouse would be gaining the right to live and work in Canada for the rest of his life, not just for a few years. It's a much more in depth application than just a work permit; it takes more man hours, more security and background checks, processing of both yourself as a sponsor and your partner, etc. That naturally translates to a higher fee.

Absolutely backwards in my opinion. The system would rather have us separated by distance, wait the 35 day step one application time and then 15-22 months processing time to then work together in Canada and pay 50% each in income tax every year. The USA must be the way to go!!! Canada will be losing another English speaking, natural born citizen due to the bs. Thanks for your response.

 

[canuck_in_uk]

Absolutely backwards in my opinion. The system would rather have us separated by distance, wait the 35 day step one application time and then 15-22 months processing time to then work together in Canada and pay 50% each in income tax every year. The USA must be the way to go!!! Canada will be losing another English speaking, natural born citizen due to the bs. Thanks for your response.

As I said in my previous post, it's about 8-10 months start to finish for an American app. You can be together the entire time.

 

[Ready to become American!]

As I said in my previous post, it's about 8-10 months start to finish for an American app. You can be together the entire time.

I was informed by immigration a) if he comes in to canada with me and after time is eligible for work he cannot cross the border for a year until paperwork is finalized he has a daughter so that cannot work. The other option is that he comes to canada as a pylon on the couch....cannot work / support his daughter while we wait for paperwork to catch up.

 

[screech339]

I was informed by immigration a) if he comes in to canada with me and after time is eligible for work he cannot cross the border for a year until paperwork is finalized he has a daughter so that cannot work. The other option is that he comes to canada as a pylon on the couch....cannot work / support his daughter while we wait for paperwork to catch up.

That only applies to inland sponsorship. He must remain in Canada during the entire process.

Husband can move freely back and forth between Canada / US if you went the outland approach.

Screech339

 

[screech339]

You will have to make a decision that best suit you and your husband's needs. There are pros and cons to each approach. You can't have the best of both approaches. You have to choose one or the other.

The general advice made to those to whose spouses / common law coming from US, tend to be "take the outland" route. It is much quicker than you think and quicker than what the website timeline states.

Do your own research and make your own decision on which way to go that best suits you and your husband's wants / needs.

Screech339