Residency Status as Sponsored Spouse

[ishraqiyun77]

Realized my wife is a Canadian citizen since her mother is Canadian but she - my wife - was born in the States. In the process of having it verified.

Anyway trying to weigh the benefits of being sponsored as opposed to filling my EE and PNP separately. We live in the States and will likely stay here until one of us can get employment up there. Giving up our apartment and living in hotels in Canada until one of us gets work just is too much of a gamble.

From what I read I would get a conditional PR which would mean I can stay and find work freely, I guess even if she is not in the country. But then I read else where I still need to get a work permit which seems to contradict what conditional PR is saying. Can someone clear that up for me?

Does having a Canadian citizen spouse sponsor you add points to EE even if they live outside Canada?

Iwould it look better to employers that I have conditional PR instead having to get a work visa?

 

[rajkamalmohanram]

Realized my wife is a Canadian citizen since her mother is Canadian but she - my wife - was born in the States. In the process of having it verified.

Anyway trying to weigh the benefits of being sponsored as opposed to filling my EE and PNP separately. We live in the States and will likely stay here until one of us can get employment up there. Giving up our apartment and living in hotels in Canada until one of us gets work just is too much of a gamble.

From what I read I would get a conditional PR which would mean I can stay and find work freely, I guess even if she is not in the country. But then I read else where I still need to get a work permit which seems to contradict what conditional PR is saying. Can someone clear that up for me?

Does having a Canadian citizen spouse sponsor you add points to EE even if they live outside Canada?

Iwould it look better to employers that I have conditional PR instead having to get a work visa?

Read about Conditional PR here -

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

In short -

How do I know if I am a Conditional Permanent Resident?

The Conditional Permanent Residence status only applies to some spousal sponsorship applicants. You are likely a Conditional Permanent Resident if these three things are all true:

you submitted your application for sponsorship on or AFTER October 25, 2012; and
at the time you sent in your application, you were in a relationship with your sponsor for 2 years or less; and
at the time you sent in your application, you and your sponsor did not have any children together.

If you are a sponsored spouse/partner and all three of these things are true in your situation, you are probably a Conditional Permanent Resident or you will be when your application is approved. Your landing paper from Citizenship and Immigration Canada will say if you are a Conditional Permanent Resident.

The condition can apply to spousal sponsorship applications made from within Canada or from outside Canada.

Link --> http://owjn.org/owjn_2009/component/content/article/57/364-conditional-permanent-residence

You cannot get a PR right away because your spouse is Canadian. She has to be the sponsor and file an application under the Family Class (Spousal Sponsorship application). When this application is approved, you can move to Canada as a PR. Once you are a PR (or a conditional PR), you would NOT need a work permit AFAIK.

The processing time is around 14 months.

Link ---> http://www.cic.gc.ca/english/information/times/index.asp

Family Sponsorship >> Common law spouse applying from outside of Canada >> United States of America

 

[canadianwoman]

If you have been married for less than two years when you send in the application for PR, you will get a conditional PR. If you have been married for two years or more, or have a child together, you will not have a conditional PR, just an ordinary one.

Your wife can sponsor you even while she is living in the USA, but to do so she will have to include proof in the application that she is planning to come back to Canada to live when you get your PR. So you cannot get your PR and work in Canada while she stays in the USA. If you get a conditional PR, you two also have to stay living together for two years for the condition to end.

However, you can fulfill your residency requirement and the condition of the PR by living with your wife outside of Canada, it is just that if this is your plan, you cannot say so in the application. In the application, she has to show proof she is planning to come back to Canada.

If you apply inland, you can also apply for an open work permit. It takes about 4 months to get the work permit this way. Keep in mind that for an American, applying inland is not usually recommended. Outland is typically very fast for an American, and you might have your PR by applying outland in 4 or 5 months. For the inland application, you and your wife have to be living together in Canada during processing. For outland, you two can be in the USA, or you can come to Canada as a visitor.

A conditional PR is the same as a regular PR as regards to work. It means you can work anywhere a Canadian citizen can, except for some government jobs that require security clearances. An employer would not need to do anything special to hire you. With the open work permit you could get by applying inland, the employer also does not have to do any additional paperwork. For other kinds of work permits, the employer would have to do additional paperwork, and it may cost them something, so they would prefer you to either be a PR or have an open work permit.