Spousal Sponsorship- Please Help! Canadian and American

[Gul_k]

Hi,

I have been on government websites, spoken to numerous lawyers, relied on personal antedotes and I don't feel like I have enough information to really know what to do. I am a Canadian citizen, born and raised. My boyfriend of over two years is technically a British citizen, but has lived in the US his whole life (He is also a US PR applying for citizenship through naturalization). We were planning on getting married and living in Canada. The application times appears to be over 2 years even if we do an out land application and inland is even longer without him being able to work.

I am not sure what I am supposed to do, we don't want to be separated any longer than we already have but his coming here appears to be a very daunting task.

What do I do?

 

[arowberry]

I believe you just need to pass the first stage of PR for him to be eligible for an Open Work Permit. That would make things much easier.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=679&t=17

It's worth playing around on this link:
http://www.cic.gc.ca/ctc-vac/cometocanada.asp

 

[Ponga]

Re: Spousal Sponsorship- Please Help

Hi,

I have been on government websites, spoken to numerous lawyers, relied on personal antedotes and I don't feel like I have enough information to really know what to do. I am a Canadian citizen, born and raised. My boyfriend of over two years is technically a British citizen, but has lived in the US his whole life (He is also a US PR applying for citizenship through naturalization). We were planning on getting married and living in Canada. The application times appears to be over 2 years even if we do an out land application and inland is even longer without him being able to work.

I am not sure what I am supposed to do, we don't want to be separated any longer than we already have but his coming here appears to be a very daunting task.

What do I do?

While the Outland application `appears' to be ~ 2 years, the reality is that the vast majority of people, like your boyfriend, complete the entire process in less than 12 months. Since he has been legally living in the U.S., his application will likely be processed in Ottawa, which is what accelerates the process. Obviously, he can't even submit an application until you and he are married.


Conversely, if he were to submit an Inland application, he could receive an Open Work permit in ~ 4 months, thanks to the pilot program that CIC launched on Dec 22, 2014...but he really should submit an Outland application, because the Inland processing times keep getting worse (currently ~ 2 years)!

Keep in mind that he can be IN Canada and have an Outland application submitted. He does NOT need to stay out of Canada during the process, as long as he can enter and maintain his visitor status...which is quite easy to do.


Good luck!

 

[Ponga]

I believe you just need to pass the first stage of PR for him to be eligible for an Open Work Permit. That would make things much easier.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=679&t=17

It's worth playing around on this link:
http://www.cic.gc.ca/ctc-vac/cometocanada.asp

The pilot program that CIC launched this past December, now enables an Inland applicant to receive an OWP prior to first stage (AIP) approval.

 

[arowberry]

The pilot program that CIC launched this past December, now enables an Inland applicant to receive an OWP prior to first stage (AIP) approval.

Ooo yeah, forgot about that one

Effective December 22, 2014, Citizenship and Immigration Canada (CIC) will commence issuing open work permits to certain spouse or common-law partner in Canada class (SCLPC) applicants before the approval in principle decision is made.

http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

 

[Gul_k]

Thanks all for the help!

I was so taken a back when I read the processing times- I felt stuck. You have provided me with some hope

 

[yr97]

I have a better idea, if he's expecting the US citizenship soon, let him wait before he moves in to Canada with you.. This way he doesn't even have to wait for an open work permit.. If he fits into one of the NAFTA categories, he can get his work permit on the borders ! After that you can apply either inland or outland.

 

[Gul_k]

@yr97 I was thinking about the TN Visa- I had an opportunity to work for a company there last year dependent on that visa. I would have suggested for him to do that here BUT I was under the impression that you need a job offer and can only work at that role and company. Is this true?

 

[yr97]

Yes it is.. He needs a job offer.. But it's easy.. Once he's a citizen, he can enter Canada as a visitor with no visa for up to 6 months.. (He can do that with his British passport too).. So to sum up:

1. Enter canada as a visitor
2. Look for a job (6 months) should be enough, mentioning u can start once u get the US citizenship.
3- Get US citizenship
4- Get a TN1 visa
5- Apply for inland/outland spousal sponsorship.

 

[rhcohen2014]

Yes it is.. He needs a job offer.. But it's easy..

pleae do share your personal experience with getting a work permit as "easy" as you described as a US citizen who is eligible for NAFTA and how long it took you to accomplish this.

 

[Rob_TO]

Note that to qualify to get a work permit under NAFTA, the job you have an offer for must fall under a specific job in Appendix 1603.D.1, and you must have suitable education/work experience.
For complete list of qualifying jobs can see here under section 3.8: http://www.cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

 

[yr97]

pleae do share your personal experience with getting a work permit as "easy" as you described as a US citizen who is eligible for NAFTA and how long it took you to accomplish this.

By easy, I meant no harder than a Canadian looking for a job.. This obviously differs from one profession to another. But normally an employer would consider hiring an American if he's a qualified candidate just as much as he would for a Canadian, because it poses no extra effort on him.. Just a proper offer letter, with a title that fits into one of the NAFTA professions, duties and responsibilities of position, salary, etc...
Then at the Canadian borders, you prepare all your docs (job letter, your diploma, etc... ) and u'll get ur TN1 visa on the spot.. pretty straigh forward.

 

[Gul_k]

Does anyone know if its better to get married in Canada (Toronto) or the US (Chicago) ?
Or does it not matter?

 

[canuck_in_uk]

Does anyone know if its better to get married in Canada (Toronto) or the US (Chicago) ?
Or does it not matter?

Doesn't matter.

 

[Ponga]

Does anyone know if its better to get married in Canada (Toronto) or the US (Chicago) ?
Or does it not matter?

Your US dollar will go farther in Toronto!

Instant 21% discount on the wedding. LOL!