Spousal Sponsorship and Open Work Permit

[Canuck_28]

I am a Canadian looking to move back to Canada, Vancouver to be exact and was wondering if anybody had any information on spouse sponsorship. I've tried calling the Canadian Consulate in Houston, Dallas and Seattle and all three have directed me to the Citizen and Immigration website which has answered most of my questions, but it still would be nice to actually talk things over with somebody.

My specific questions relate to what is the best option, should I look to apply for sponsorship once I am in Canada or do it now, while I am still in the US? If I apply in Canada, and send an application for an open work permit for my spouse, what is the actual time frame on getting the open work permit approved? I know that the sponsorship application can take somewhere between 12 and 18 months, but does the open work permit take that long or does it typically get approved within the first month or two? What are the stipulations on leaving the Country during the application process and does it apply to American Citizens?

Any and all information, insight and thoughts would be much appreciated!

 

[CharlieD10]

The best option is decided by your circumstances, each has advantages and disadvantages. Read Leon's post, the first one in this thread. Americans are usually best sponsored Outland, rather than Inland. She would not qualify for an OWP in that case, but her processing could be completed in less time than the 10+ months required for stage 1 of Inland processing, plus another 8-9 for second stage.

If you choose Inland, she would not get an OWP until first stage processing is completed, again this is around 10+ months.

Inland applicants are not to leave the country during processing, this applies across the board. Outland applicants may visit, leave and return as permitted by the border agents at the port of entry. In the case of American spouses, many choose to have their application processed Outland, even while visiting with their spouses in Canada. Being visa-exempt, they may be admitted for up to 6 months at a time as a visitor.

If you will have a hard time establishing proof of intent to re-settle in Canada, start the process after you return. If you already have concrete plans in place to return, start the process and apply while you are still outside Canada. As a citizen, you have that option.

 

[Canuck_28]

The best option is decided by your circumstances, each has advantages and disadvantages. Read Leon's post, the first one in this thread. Americans are usually best sponsored Outland, rather than Inland. She would not qualify for an OWP in that case, but her processing could be completed in less time than the 10+ months required for stage 1 of Inland processing, plus another 8-9 for second stage.

If you choose Inland, she would not get an OWP until first stage processing is completed, again this is around 10+ months.

Inland applicants are not to leave the country during processing, this applies across the board. Outland applicants may visit, leave and return as permitted by the border agents at the port of entry. In the case of American spouses, many choose to have their application processed Outland, even while visiting with their spouses in Canada. Being visa-exempt, they may be admitted for up to 6 months at a time as a visitor.

If you will have a hard time establishing proof of intent to re-settle in Canada, start the process after you return. If you already have concrete plans in place to return, start the process and apply while you are still outside Canada. As a citizen, you have that option.

Thanks Charlie, much appreciated. I guess the follow up to my question would be the latest scenario that we have, as I am looking to make the move at the end of this month and start work on November 1 in Vancouver. If she is to make the move with me to Canada, could we apply then for the sponsorship while in the mean time she utilizes the 6 months as a visitor to find a job in her profession and then have them apply for a skilled workers permit? If, after 6 months she does not have work and we do not have her PR complete, how long does she have to leave before she can come back from another 6 months? Also, what kind of impact could we foresee if our marriage was done at the JP and only months prior to making the move? I don't want to go through all of this work, only to have red flags raised as soon as we apply. It's hard to get any information through the websites, so this has been great to have a forum like this.

Much appreciated.

 

[pinklady]

The skilled worker permit is a PR application aswell, so she would not be able to have both processed at the same time. Your girlfriend can visit for 6 months as CharlieD said, and she can renew her visitor status without leaving the country, either online or by mail. Or she could go back to the US and then return and again as a visitor with another 6 months (probably - it is up to the border agent)
You can send off the application as soon as you're ready, from Canada or the US and she can be in Canada or the US too.
While she is here as a visitor she will not be allowed to work, or have healthcare.

http://tinyurl.com/3rpdwav

Here is a link to a spreadsheet someone made showing processing times for the Buffalo office.

you could get married if you're ready to be married. In fact that would probably make the application easier to put together. I assume you are common law now, have lived together for over a year? getting married probably would not throw up any red flags, unless you've only been together a very short time. But since you're a US/Canadian couple, you will likely have no problem with this.

 

[CharlieD10]

If she accompanies you on your return to Vancouver, ensure you do the talking at the border/port of entry. Have proof of some ties to the US for her with you, and do not, whatever you do, use the word "move" to describe her accompanying you. She is visiting until you can finalise an application for PR for her.

If she can find an employer willing to hire her, the employer must obtain a Labour Market Opinion from HRDSC, showing that they may hire a foreign national for the job because they cannot find a suitable Canadian citizen or PR. She would then get a closed work permit, limiting her to employment with that specific employer. This is not the same thing as a skilled worker application, those can take years to process and I'm sure that's not what you're looking for.

If everything is not finalised after 6 months, you may apply to extend her visit, on the basis that you are awaiting approval of a PR application. She does not necessarily need to leave the country to re-start another 6 months' period. Make sure you apply for the extension within 30 days of the expiration of her first visitor status. Again, many American spouses have successfully done this.

A small wedding before a JP, done shortly prior to moving to Canada and applying for PR, is not necessarily a "red flag" in your circumstances. Americans and Canadians share a similar standard of living, so your spouse is less likely to fall under suspicion of marrying you for status in Canada.

 

[Canuck_28]

Okay, you guys have been great so far and everything seems to be falling into place. We leave in a couple of weeks for Canada, application process is being completed and will be sent out at the end of this week. Next question, does she need to have a medical exam as part of her application? I know the document is in there, but have heard that Americans do not require a medical exam for Canadian spousal sponsorship. Also, what all does the medical exam entail? Is it just a yearly physical or more than that and does it need to be completed by an MD or can it be done by a PA?

Thanks!

 

[scylla]

Okay, you guys have been great so far and everything seems to be falling into place. We leave in a couple of weeks for Canada, application process is being completed and will be sent out at the end of this week. Next question, does she need to have a medical exam as part of her application? I know the document is in there, but have heard that Americans do not require a medical exam for Canadian spousal sponsorship. Also, what all does the medical exam entail? Is it just a yearly physical or more than that and does it need to be completed by an MD or can it be done by a PA?

Thanks!

The medical is manatory for all applicants and should be submitted with the original application package to avoid delays. She has to select a doctor from the Designated Medical Professionals (DMP) list for this exam. To find a DMP near you, use the following CIC page:

http://www.cic.gc.ca/dmp-md/medical.aspx

 

[Canuck_28]

So now we have decided to wait on the application and apply once I am in Canada. My wife is still planning on making the trip up with me and we are curious as to what we should expect when we cross the border. Because we were living together before the move, she will have stuff included in the moving pod and the car we are driving across. Our goal is to have her stay for 6 months on a visitors visa while we apply for sponsorship. Is any of this going to cause major issues at the border?