US/Canadian sponsoring spouse, 6-12 mos.

[mc1875]

Hi All,

I am a US/Canadian dual citizen thinking of coming to Canada either for a 6-12 month apprenticeship or to settle.

My wife of 7 years is a US permanent resident, originally from Japan. I would like her to come with me. However, if she comes to Canada she will want to be able to work as soon as possible. It sounds like she needs an open work permit?

My questions are:

From what I understand, there is no income minimum to sponsor a spouse? The apprenticeship will provide room, board and a small stipend, so I will not have much income. I have savings of over $25,000, but it is in retirement accounts. (Obviously if my wife can work, our income will go up!)

If I sponsor her, obviously it will take some time for her to get the visa. In the meantime, will she receive a temporary work permit right away? Particularly if we spend only 6-12 mos. in Canada, this would be important.

Are there other options for her to work, especially if we will only be in Canada for 6-12 mos. It would be nice to avoid going thru the whole sponsorship process unless we decide to remain in Canada after the apprenticeship. I know she could come on a tourist visa but then can't work. We are over 30 so Working Holiday visa is not an option.

Finally, if we apply for sponsorship, is it better to initiate this in the US before coming over?

Thanks!

 

[waitingintz]

I don't know much about open work permits so can't assist in that regard.

But, you are correct, there is no minimum income requirement for sponsoring a spouse so that won't be an issue.

The Permanent Residence application process is rather long and costly so I don't really think that would be an easy way to get your wife working in Canada... If you're only going for 6 - 12 months there wouldn't be much point in applying once in Canada as it probably will take most of that time for the application to go through. I would say your best plan would be for her to find a job with someone willing to get her a work permit for a year if that's possible.

Good luck.

 

[Black-Berry]

To get an open work Permit, you must sponsor her when INLAND with her present and you and her have to put in the application for sponsorship together with the Open Work Permit.

The Open Work Permit is ONLY issued after the first stage of inland Sponsorship or Approval In principle is met. The Inland Application currently has two steps. the first step takes 9 months to complete. If you as a sponsor is found eligible to sponsor and your marriage is not deemed a marriage of convenience, then she is issued with the Open Work permit after the first 9 to 10 months. This can only happen if the application was put together with the sponsorship application in the first place.
The second stage of sponsorship after the first step has been met is the background check. Checking on criminiality and medicals. This step can take up to another 9 months to complete. Total is 18 months.

If you are only looking to settle here for 6 - 12 months, It is not advisable to go this route. There are very many disadvantages of applying Inland.
1. If she leaves the country and for some reason is not let back into Canada, The inland applciation is cancelled. You lose the application fees and you lose the application.

2. If for some reason she is denied the PR visa, she has no right of appeal and has to leave Canada immediately regardless of how long she has waited.

Are there other options for her to work, especially if we will only be in Canada for 6-12 mos. It would be nice to avoid going thru the whole sponsorship process unless we decide to remain in Canada after the apprenticeship. I know she could come on a tourist visa but then can't work. We are over 30 so Working Holiday visa is not an option.

If you plan on not living in canada long term i dont think you should even be thinking of sponsoring. Sponsorship is not a joke!. you cant sponsor someone for the sake of coming here to work for 6 to 12 months and than leave . Or sponsor her for the sake of her obtaining an Open Work Permit.

Canadian laws have recently become very strict with this kind of stuff and the will pick at your application with a fine tooth comb . These VO are not stupid and im sure they will find out sooner or later that the only reason she is obtaining a PR is to work here for 6 to 12 months.

her best bet is to apply for a job she desires while outside canada now and get a work permit that way

If you want she can go that route anyway but keep in mind, inland applications currently take about 18 months to complete and 9 months to get through first stage approval.

 

[mc1875]

Thanks for the reply.

As I am a dual citizen, there is a very good possibility we would stay in Canada after the apprenticeship ... of course it depends on my ability to find a job. Maybe as a dual citizen my view on this is different, but I can and would look for employment on either side of the border. So it may make sense to get the sponsorship process rolling right away given the time it takes.

So the open work permit is available only for inland applicants and that takes 9 months? If we apply from the US, pghase 1 takes only 37 days but it sounds like then she cannot get an opnen work permit?

Is there no other way for a spouse to work in Canada? I know its no use trying to make sense of law, but I find it ironic that if I came to Canada with a temporary work permit, my wife would be allowed to work in Canada right away; but because I am born a Canadian citizen she cannot.

 

[scylla]

If you apply from the US (outland), there are two steps:

1) Mississauga sponsor approval (this is the 37 day bit)

PLUS

2) anywhere from 2 to 11+ months at the Buffalo office

Once both steps are completed, your wife would be able to work. So you're correct in understanding that she won't be able to work after the first stage processing has been completed.

 

[prof456]

Are you coming into Canada on a study visa? If so, your spouse is eligible for an open work permit.

Hi All,

I am a US/Canadian dual citizen thinking of coming to Canada either for a 6-12 month apprenticeship or to settle.

My wife of 7 years is a US permanent resident, originally from Japan. I would like her to come with me. However, if she comes to Canada she will want to be able to work as soon as possible. It sounds like she needs an open work permit?

My questions are:

From what I understand, there is no income minimum to sponsor a spouse? The apprenticeship will provide room, board and a small stipend, so I will not have much income. I have savings of over $25,000, but it is in retirement accounts. (Obviously if my wife can work, our income will go up!)

If I sponsor her, obviously it will take some time for her to get the visa. In the meantime, will she receive a temporary work permit right away? Particularly if we spend only 6-12 mos. in Canada, this would be important.

Are there other options for her to work, especially if we will only be in Canada for 6-12 mos. It would be nice to avoid going thru the whole sponsorship process unless we decide to remain in Canada after the apprenticeship. I know she could come on a tourist visa but then can't work. We are over 30 so Working Holiday visa is not an option.

Finally, if we apply for sponsorship, is it better to initiate this in the US before coming over?

Thanks!

 

[mc1875]

As I am a Canadian citizen (dual with US citizenship as well), I can't imagine how I can come on a study visa. This is what seems odd to me - were I on a student visa or temporary work visa, my spouse could work!

The apprenticeship program indicates on their website that they do not provide support for visa applications. Perhaps I could apply for a study visa as a US citizen?? I can't imagine it would be granted to a dual citizen, though.

 

[prof456]

As I am a Canadian citizen (dual with US citizenship as well), I can't imagine how I can come on a study visa. This is what seems odd to me - were I on a student visa or temporary work visa, my spouse could work!

The apprenticeship program indicates on their website that they do not provide support for visa applications. Perhaps I could apply for a study visa as a US citizen?? I can't imagine it would be granted to a dual citizen, though.

My apologies...I didnt read the part that you were a Canadian citizen.

 

[kelKel]

Also another thing to consider is how long your wife can reside outside the United States considering she is a PR not a citizen. I believe there are certain residency requirements for her to maintain her PR. She cannot retain her green card as well as be a Pr of Canada. I would only consider the sponsorship route when you're 100% you'll be staying in Canada.

 

[mc1875]

Also another thing to consider is how long your wife can reside outside the United States considering she is a PR not a citizen. I believe there are certain residency requirements for her to maintain her PR. She cannot retain her green card as well as be a Pr of Canada. I would only consider the sponsorship route when you're 100% you'll be staying in Canada.

Its a good point. Unfortunately my wife has been reticent about getting US citizenship, so is still a green card holder. As long as your are a PR and not a citizen, there is always an element of uncertainty. I know there is extra paperwork to fill out if a green card holder will be out of country more than 1 year and wants to retain their green card (the limit then becomes 2 years, I believe), but I didn't realize the green card itself could go away if you gain PR of another country ... something to look into.

The best solution may be my wife coming on a 6-month tourist visa after all, and us seeing where things stand after 6 months.

My apologies...I didnt read the part that you were a Canadian citizen.

No problem. I am glad you are willing to give advice!