Spousal or employment?

[SarahDR]

Hello all,

I am new here and am hoping that someone can suggest the appropriate category under which we should be filing. I am a Canadian citizen from Ontario, my husband is an American citizen from Iowa. We met and were legally married in the USA, where we have lived since then.

Our situation:

• 2003 - I went to the US on an F-1 (student) visa to attend graduate school. My intention was to return to Canada.
  [*]2004 - I met my husband, who is an American citizen from Iowa.
  [*]2005 - We were married; I kept my maiden name for paperwork simplicity's sake and continued to maintain F-1 status, still being in graduate school.
  [*]2007 - We applied for my Green Card, finishing the process in 2008.
  [*]2008 - I finished my Ph.D. and was hired by an American company. I did not use the "1-year Optional Training Period" of an F-1 visa, but was hired as a Permanent Resident holding a Green Card.
  [*]2013 - We're considering moving to Canada.
  
  • Currently, I have private medical disability income that is independent of whether I'm in the US or Canada. For me, moving to Canada is simply a return to my country of citizenship.
    [*]My husband has a good job here in the US, and would be very well employed in Canada by my brother's company.
    

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My question:

• Under which category would it be more correct to apply for my husband's entry into Canada, with a view to eventually becoming a Landed Immigrant - as my sponsored spouse or as an employee of my brother's company? We'd like to file an "outland" application as soon as possible and, of course, for my husband to be able to start working in Canada as soon as possible after our arrival. We have no legal "problems" of any kind and it's really just a relocation. However, we're really not sure of the most correct and efficient way of doing this, or even the correct form to use!

Any suggestions would be most appreciated!!!

 

[Rob_TO]

Hi there. The most obvious/simplest solution i see, is to immediately apply for his spousal PR "outland".

During the processing time (so up to around 8 months to 1 year but hopefully less) you guys can just continue to live/work in the US. After his PR is approved, he can move to Canada as a PR, get a SIN card, and start to work immediately.

If you move up anytime sooner before he has PR, he'll just be allowed in as a visitor so most likely won't be able to work. Your brother could look at getting him a work permit via the LMO process with his company, but it's a tedious process and not guaranteed to work.

 

[charliem]

I'd recommend spousal Outland application.
You're not likely to run into any problems. Just put together adequate evidence of your conjugal relationship. Get the application out as soon as possible.
Labour-market opinion may be obstacle to obtaining a work permit for your husband.

 

[SarahDR]

Thank you so much, both Rob_TO and Charliem! Sounds like this will, unfortunately, be a very lengthy process. I had recently heard that the backlog for spousal outland applications is about 18 months. We do have plenty of evidence for conjugal relationship, having been married since 2005 and having amassed a huge amount of joint documentation over the years since. Nevertheless, that's a long time, especially when part of the motivation for this move is my parents' health status. I guess we'd better get moving on this and start the paperwork ASAP.

I appreciate your comments and thoughts!

 

[Rob_TO]

I had recently heard that the backlog for spousal outland applications is about 18 months.

Where did you hear that? US applicants are processed through the CPP-Ottawa office for outland applications. And in that thread ( http://www.canadavisa.com/canada-immigration-discussion-board/cppottawa-t118769.4065.html ) people seem to be getting their applications finished in around 8-10 months or so.

 

[OhCanadiana]

Hi Sarah,

An alternate option for your to consider: if your husband is eligible for a NAFTA work permit, you could move up as soon as he gets an letter of employment for the job he has lined up. You can take a look at the professions/occupations that qualify starting on page 161 of http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf. The documentation he would need to provide is on page 159. The work permit would be processed on the spot at his point of entry into Canada.

You could then apply for his PR while you are living in Canada, already close to your parents.

Good luck!

 

[SarahDR]

Where did you hear that? US applicants are processed through the CPP-Ottawa office for outland applications. And in that thread people seem to be getting their applications finished in around 8-10 months or so.

Hate to admit it, but I had heard that from my brother... so it's pretty much hearsay :-[ I had not looked at the thread you mentioned. The volume of information in this forum is astounding! Still, even 8-10 months is a significant wait. Thanks for the information and the link, though!

 

[SarahDR]

An alternate option for your to consider: if your husband is eligible for a NAFTA work permit,

OhCanadiana, thank you so much for mentioning the NAFTA provisions and for the PDF link!!! I had, in the back of my mind, some vague recollection of the "licenced/degreed occupations" permit, but could not remember the exact details. This is wonderful information. I'll have a browse through it. Let's hope Scott (my husband) qualifies. Keeping fingers crossed!

 

[OhCanadiana]

OhCanadiana, thank you so much for mentioning the NAFTA provisions and for the PDF link!!! I had, in the back of my mind, some vague recollection of the "licenced/degreed occupations" permit, but could not remember the exact details. This is wonderful information. I'll have a browse through it. Let's hope Scott (my husband) qualifies. Keeping fingers crossed!

I hope it all works out for you and Scott =)