Sponsoring my American Spouse - Questions re: Freelance and Travel

[Snackshaw]

Hi there,

I am sure this has been asked many times, but it's all a bit unclear and it's driving me mad, so, here goes...

I am Canadian, and am moving back to from the US next month in order to care for an ailing parent, and would like my American husband to follow me a few months later. We are planning on applying for his PR via the Inland process once he has arrived and will apply for his Open Work Permit at the same time. CIC estimates PR to take 12 months, and I've seen the WP quoted as 4-5 months.

We currently both work freelance for American companies and are going to try to work remotely for as long as possible. As such, work may require that we travel back to the US during the 12 month application period.

If anyone could help me clarify the following, or provide recommendations I would forever be in your debt:

1. As a freelancer, working remotely for US clients will I qualify as a sponsor? Would it be better I try and get a full-time job in Vancouver, or at least local clients before we apply?

2. Does an inland application for us make the most sense, and is the WP application time really 4-5 months, or is that how long it takes after the correct office has received that part of his application? Is 9 mos more realistic?

3. Does applying Outland make more sense because we are still 3 months away from him joining me?

4. Does his applying for PR via Family Sponsorship qualify him for an Open Work Permit?

5. Is our plan to travel back to the US for work feasible, or is he putting himself at risk by leaving the country? I've read about the Permanent Resident Traveling Card, but as he will not be a PR for at least 12 mos is he even eligible? Is there another legal way for him to more easily travel while awaiting his PR?

6. We have contracted someone to get our things to Vancouver (mover recommends we put all of our things in my name for customs reasons), but are giving consideration to driving ourselves in order to save money. In theory, if we go with the latter scenario we would be showing up in a rented truck with our gear in the back, which seems like it would imperil my husband's being allowed into Canada as a visitor. Am I right to assume this, or is it not a big deal if we put everything in my name?

Any help is greatly appreciated!

Best,
JS

 

[Hurlabrick]

Hi there,

I am sure this has been asked many times, but it's all a bit unclear and it's driving me mad, so, here goes...

I am Canadian, and am moving back to from the US next month in order to care for an ailing parent, and would like my American husband to follow me a few months later. We are planning on applying for his PR via the Inland process once he has arrived and will apply for his Open Work Permit at the same time. CIC estimates PR to take 12 months, and I've seen the WP quoted as 4-5 months.

We currently both work freelance for American companies and are going to try to work remotely for as long as possible. As such, work may require that we travel back to the US during the 12 month application period.

If anyone could help me clarify the following, or provide recommendations I would forever be in your debt:

1. As a freelancer, working remotely for US clients will I qualify as a sponsor? Would it be better I try and get a full-time job in Vancouver, or at least local clients before we apply?

Yes. You are a Canadian, so you can sponsor. It matters not where or how you earn a living, as long as you are not on social assistance.

2. Does an inland application for us make the most sense, and is the WP application time really 4-5 months, or is that how long it takes after the correct office has received that part of his application? Is 9 mos more realistic?

See comments below as regards inl;and vs outland. OWP should take 4 months from date of receipt. Spousal sponsorship for an American PA should take 6 - 7 months normally (Usually much quicker for US citizens than the 'standard' quoted 12 months).

3. Does applying Outland make more sense because we are still 3 months away from him joining me?

You could apply outland, it would likely take 6 - 7 months overall to process, but that would still leave you 3 - 4 months gap during which IF he joined you, he would not be able to work - seems almost 'neutral' given a 4 months OWP wait time. Flip a coin time as there probably isn't much in it.
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4. Does his applying for PR via Family Sponsorship qualify him for an Open Work Permit?

Don't really know what you mean. He can ONLY apply for an OWP IF you do Inland spousal sponsorship. Youcan complete all the forms for an OWP and send both Inland and OWP applicaions in together. He musty of course be in Canada to apply Inland. You cannot apply for an OWP for Outland spousal sponsorship.

5. Is our plan to travel back to the US for work feasible, or is he putting himself at risk by leaving the country? I've read about the Permanent Resident Traveling Card, but as he will not be a PR for at least 12 mos is he even eligible? Is there another legal way for him to more easily travel while awaiting his PR?

The 'danger' with Inland is that if for any reason he is refused re-admittance to Canada on a US trip, he is considered to have abandoned his PR application. May start to make sense to apply outland now. Note turnaround time is more like 6 - 7 months.

6. We have contracted someone to get our things to Vancouver (mover recommends we put all of our things in my name for customs reasons), but are giving consideration to driving ourselves in order to save money. In theory, if we go with the latter scenario we would be showing up in a rented truck with our gear in the back, which seems like it would imperil my husband's being allowed into Canada as a visitor. Am I right to assume this, or is it not a big deal if we put everything in my name?

Yes you are right. He can't show up at the border with a truck full of furniture and say 'I am only visiting - honest!'. He could be refused admittance (see the Mata vs Canada case where a US citizen tried just that and was turned away). YOU can turn up with YOUR stuff in YOUR name on the 'goods to follow / goods accompanying list' (note you WILL need these!) and get yourself in. He could turn up later as a visitor??​

 

[Snackshaw]

Hi @Hurlabrick

Thank you for your very quick and thorough response! I had typed out my own reply earlier in the week and was disappointed to find that it hadn't been posted. Oh well - thank you again.

I am curious as to know exactly where you've seen the 6-7 mo processing times listed. I've checked around the forums and have noted that the 12 mo processing time for Outland is more of a top-end suggestion and that 80% of applications that are processed through Ottawa are generally processed faster, but haven't found the 6-7 mo number myself. Could you point me to where that may live?

If it really is 6-7 months then an Outland application seems to make the most sense, and wouldn't put him in the same risk of 'abandoning' an application as Inland would.

Cheers,
JS

 

[Hurlabrick]

Hi @Hurlabrick

Thank you for your very quick and thorough response! I had typed out my own reply earlier in the week and was disappointed to find that it hadn't been posted. Oh well - thank you again.

I am curious as to know exactly where you've seen the 6-7 mo processing times listed. I've checked around the forums and have noted that the 12 mo processing time for Outland is more of a top-end suggestion and that 80% of applications that are processed through Ottawa are generally processed faster, but haven't found the 6-7 mo number myself. Could you point me to where that may live?

If it really is 6-7 months then an Outland application seems to make the most sense, and wouldn't put him in the same risk of 'abandoning' an application as Inland would.

Cheers,
JS

The processing times vary by the Canadian visa office that processes your application, which in turn varies by the nationality of the PA (i.e. you!). American applicants are normally very straightforward and are processed on Ottawa. For Americans processed in Ottawa, the 'actual' processing times experienced tend to be 6 - 7 months, NOT the 'global' 80% in 12 months quoted.

Similarly, even the very congested (and notoriously slow) London (England) VO will actually process most straightforward British PA's application in 10 months (see the spreadsheet in my signature line for actual London VO case processings.

 

[PrincessCRV]

Hi @Hurlabrick

Thank you for your very quick and thorough response! I had typed out my own reply earlier in the week and was disappointed to find that it hadn't been posted. Oh well - thank you again.

I am curious as to know exactly where you've seen the 6-7 mo processing times listed. I've checked around the forums and have noted that the 12 mo processing time for Outland is more of a top-end suggestion and that 80% of applications that are processed through Ottawa are generally processed faster, but haven't found the 6-7 mo number myself. Could you point me to where that may live?

If it really is 6-7 months then an Outland application seems to make the most sense, and wouldn't put him in the same risk of 'abandoning' an application as Inland would.

Cheers,
JS

Straightforward outland US applications with no red flags will be processed around 6 months, or sometimes less. These go through Mississauga, with the actual passport request coming from Ottawa. I think in your case applying outland would be the best option and give you the most flexibility. He can still stay with you in Canada while applying outland, but would be free to leave Canada if needed. I applied in May 2018 and had my COPR in hand by the end of August 2018. Not to say that all cases will be processed this quickly, but other Americans applying at the same time had a similar timeframe. It seems to have slowed down by a month or two now, but that should still keep your processing time around 6 months. And you probably don't want him with you when you bring all your stuff across the border. It may cause problems and lead to him being denied entry. I would just have him come later as a visitor with only enough luggage to look like he's staying for a short visit. He will be able to stay for 6 months and you can apply to extend his stay if it takes longer than that.

 

[canuck78]

He can only work remotely while in Canada as a visitor if the American company he works for doesn't do any work in Canada and has no Canadian clients.