Outbound PR Process - Expect to arrive in Canada before process complete

[Heybird]

Hi,

We've started our application process in New Zealand and will let everyone know via timeline how we're progressing as I've found the posts here to be very helpful.

We've only just sent off the FBI cert (my husband is Kiwi and I'm a Canuck). We anticipate the entire application process to take us well in mid-2010 (hopefully sooner) however we will be going to Canada for work in late April or early May (I'm a wedding photographer so that's when my season ramps up) and my husband will join me in Canada as a visitor (buying a return ticket to NZ, out household goods will be in NZ). While we're in Canada my understanding is this:

• if his PR cards is approved while we're in Canada, we will have to leave Canada and re-enter to get the PR card and complete the interview process - can we just cross the US border for a few days and come back in?
• if by June we still haven't heard anything from CIC, can my husband apply for a temporary work permit from within Canada even though his PR application is an outbound one (being processed in Sydney, Australia? Is this easy enough? I read he needs to apply from abroad and have acceptance of work beforehand however he plans to visit Canada with me first and travel with me for weddings for the first part and then either relax and visit with family or if possible get a temporary work permit - we're not sure but thought we'd find out ahead of time. he will be going back to NZ to finalise our relocation to Canada once the PR is approved

In all the posts I haven't come across this situation however I can't be the only Canadian wanting to take their partner to Canada for a temporary time while the PR application is being processed. It'd be great if he could get work for 2-3 months (he qualifies under the Highly Skilled Worker however our understanding is that PR will take even longer to process or is that the better route? He wouldn't be available for work however until late April or begin May (absolute earliest).

I'll start another thread about that.

Thanks and hope to hear from someone soon.

Regards,
Sam

 

[Karlshammar]

1. Yes, he can just go around the border and go right back in and land. There is no need to wait a few days.
2. He is free to apply for a temporary work permit at any time, however, he would still have to be qualified. He will not get any special consideration for his outland PR application.

 

[Heybird]

Karlshammar,

Thank you so much for such a quick reply!! One more question....

My husband qualifies for Skilled Worker Immigration (NOC 0) on his own with 79 points. I completely understand that his current PR application will have no influence on the outcome to receive the temp work permit however we want to be sure that the temp work permit will have no effect on his outland PR application. It has been a little confusing at times reading the information provided by CIC and perhaps I'm reading things to the law, too often, however this is really important to us and we don't want to jeopardize our chances.

Thanks again.
Sam

 

[mitamata]

You've already sent off the application, right? When was that?

I don't know why you're assuming it will take so long. Sydney is finalizing applications in 3-9 months, you have a 50% chance of getting it finished in 5 months (plus 1 month for Mississauga first). You're married and from what I understand you live in NZ together, so I don't think there will be any issues getting him approved as long as you sent all the required documents. Even if you're not approved by June, it shouldn't be much later than that. I don't think you need to bother with a temporary work permit.

If you still want to though, no, it won't affect the PR application. Feel free to go ahead with it

 

[Heybird]

Thanks for everything. I'm a lot clearer about things and will progress with the family class.

We haven't submitted our application yet because we're waiting for the FBI cert to arrive. And then send it off, followed by the police certificate which we don't even see - NZ police send straight to Sydney, so I presume Sydney CIC will sort it out at their end and match things up (???). That's what we're doing. I realise 50% of cases are completed within 5 months in Sydney, however with Christmas on the way, if Sydney is anything like NZ (yes the whole country), everything shuts down or goes really slow until end of January because of summer and school holidays. It would just be more convenient to have it sooner of course and then we know where we stand and I can better forecast for my business.

Having been married for nearly 5 years (in Feb) we have heaps of cards, letters, photos and all sorts. Having emigrated from Canada to NZ many many years ago, I still recall the process; it seems similar in some ways here.

Thanks all,
Sam

 

[rjessome]

Just one clarification about the work permit, your husband can only apply for a work permit if he has found an employer who has a positive Labour Market Opinion (LMO) from Service Canada allowing them to hire foreign workers. THAT is the only time he can apply for a work permit, not anytime. But cross that bridge when you come to it as you may be one of the faster files given your circumstances. Good luck.

 

[Karlshammar]

Applying for a temporary work permits does not affect the PR application. I have been a visitor (including once extending that status), a temporary worker, and now a PR since coming to Canada. The PR process is separate from and not affected by temporary work permit applications.