Spousal Sponsorship by a Canadian student spouse

[Visitor8710]

I am an American and I am married to a dual Canadian-American spouse and we currently live in the USA (we have been married for almost 4 years). My wife (the dual citizen) is considering taking a position as a clinical psychology intern (a one-year predoctoral program similar to a medical residency) in Canada, with the hopes of staying in the country long-term afterwards. Based on that, I have begun to look into immigrating to Canada and I have gotten confused about a few issues.

1. When submitting an outland PR application (using Family Class Sponsorship), is it possible to identify which processing center one wants to use? I ask because I read that the Ottawa processing center has drastically shorter processing times than the two processing centers in the United States (New York and Los Angeles) and so I would naturally be inclined to request that my application be processed there.

2. Is it preferable to submit an open work permit application with an outland PR application, or is it better to obtain a job offer (with an LMO if it is necessary) and just show up at the border with that (in order to get a temporary work permit at the border).

3. If one does obtain a temporary work permit at the border (because of the job offer in hand), what happens if that work permit expires prior to the PR paperwork being processed?

Thank you very much in advance for any assistance!

 

[SenoritaBella]

Actually, as an American citizen, he would be eligible to apply for a work permit upon entry to Canada(i.e. at the border). But he would need a copy of the positive LMO(labor market opinion) issued by Service Canada(they give it to the employer who in turn gives you a copy), proof that he meets the job requirements(experience, education, training, etc). If the job involves interaction with the public(childcare, hospital, teacher, etc), he will need to undergo an immigration medical exam.
Here's the info: http://www.cic.gc.ca/english/resources/publications/work-temp.asp

Some workers can apply at a port of entry

Most foreign workers must apply for a work permit outside of Canada. However, you may apply for a permit when you arrive at a port of entry in Canada if:
•you are from the U.S., Greenland or St. Pierre and Miquelon;
•you do not need a temporary resident visa (TRV) to visit Canada and your job does not need a labour market opinion from HRSDC;
•you will not be working as a live-in caregiver or as a seasonal agricultural worker;
•you do not need a TRV to visit Canada, your job requires you to have an HRSDC labour market opinion and it has been issued by the time you arrive.

To apply this way, the labour market opinion confirmation letter for your job offer must be available, and you must produce the offer of employment and other necessary papers when you arrive. Remember that you must find out what papers you will need before arriving in Canada. Check with a Canadian embassy, high commission or consulate.

1. Outland applications are processed by CPP-Ottawa. LA and NY offices usually deal with complicated or questionable applications. Based on the information you provided Ottawa would be your office.

2. Cannot apply for OWP with outland. You can try and find an employer (will need LMO) and apply for work permit via CIC. Border services do not issue permits at the border.

3. You cannot obtain a temporary work permit at the border. All applications are filed with CIC, assessed and processed.

 

[SenoritaBella]

1. Your visa office will be CPP-Ottawa

2. You can not submit an open work permit application(OWP) with an 'outland' sponsorship. It only works with inland sponsorship, and the rules just changed in the past week or so. Inland sponsorship applications are to be submitted without the OWP application. Once they get stage 1 approval(could take 11 months), then they submit the OWP application.
If you want to work while in Canada, you would need to find an employer willing to apply for a LMO for you. If approved, you can apply for a 'closed' work permit tied to your employer. See my comment above on possibility to apply at the border being an American citizen.

3. If the work permit expires before your permanent resident application is approved, you will need to ask your employer to again apply for a LMO and go repeat the whole process. If you submit your application for a work permit renewal for the same employer before the current permit expires, you will have implied status and can continue to work until they make a decision on the work permit application. To be on the safe side, you should begin discussing the new LMO application at least 6 months before your work permit is due to expire because it does take time. This will ensure you at least have the LMO well before you apply for renewal(assuming it is positive).

I am an American and I am married to a dual Canadian-American spouse and we currently live in the USA (we have been married for almost 4 years). My wife (the dual citizen) is considering taking a position as a clinical psychology intern (a one-year predoctoral program similar to a medical residency) in Canada, with the hopes of staying in the country long-term afterwards. Based on that, I have begun to look into immigrating to Canada and I have gotten confused about a few issues.

1. When submitting an outland PR application (using Family Class Sponsorship), is it possible to identify which processing center one wants to use? I ask because I read that the Ottawa processing center has drastically shorter processing times than the two processing centers in the United States (New York and Los Angeles) and so I would naturally be inclined to request that my application be processed there.

2. Is it preferable to submit an open work permit application with an outland PR application, or is it better to obtain a job offer (with an LMO if it is necessary) and just show up at the border with that (in order to get a temporary work permit at the border).

3. If one does obtain a temporary work permit at the border (because of the job offer in hand), what happens if that work permit expires prior to the PR paperwork being processed?

Thank you very much in advance for any assistance!