US Girldfriend Sponsorship And Open Work Permits

[GregB]

Hello, so I was reading through the main stickied comment and I had a couple of questions.

I saw that an inland application was more convenient if one didn't have the need to travel outside of the country, but does the outland one allow the person in the country to get an open work permit?

Does a person that is visiting Canada need to have an inland application or can they have an outland application while visiting?

How long does it normally take for a US citizen to be accepted as a PR?

Is there a better chance of getting an LMO if she is here on an outland application or is there even a chance of getting an open work permit?

Any help is appreciated!

Thank you!

 

[Sweden]

1 - no, open work permit only comes with Inland, but if you are from the US and qualify for NAFTA, you can get a work permit through NAFTA and have a outland PR application ongoing.
2 - Outland application AND visiting is possible for visa-exempt, and usually the preferred combination (outland is usually faster than inland, and you can go in and out of Canada as needed).
3 - difficult to say. Stage 1 outland is 1 month and then stage 2 outland is listed as 13 months I think, but a lot of straightforward cases are done within 8 months. Inland is currently listed as 14months total ( with a work permit after 8, but in reality rather 10 months).
4 - it doesn't matter. The outland process and LMO are separate, so you can apply for outland PR, and if you find a company willing to do an LMO, go for it.

Sweden

 

[frege]

Hello, so I was reading through the main stickied comment and I had a couple of questions.

I saw that an inland application was more convenient if one didn't have the need to travel outside of the country, but does the outland one allow the person in the country to get an open work permit?

Does a person that is visiting Canada need to have an inland application or can they have an outland application while visiting?

How long does it normally take for a US citizen to be accepted as a PR?

Is there a better chance of getting an LMO if she is here on an outland application or is there even a chance of getting an open work permit?

Any help is appreciated!

Thank you!

What's her profession and education, and what province will you be in?

 

[GregB]

She's a vet tech assistant and we will be in Alberta.

 

[frege]

She's a vet tech assistant and we will be in Alberta.

That profession doesn't qualify under NAFTA, it seems: http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html

So to find temporary employment, she would probably need an LMO.

Notwithstanding the drawbacks of an inland application that have been mentioned, one advantage is that it guarantees the right to stay in Canada while the application is being processed. It's been reported on the forum that Alberta grants health coverage to PR applicants in the spousal category. However, you need to be sure you can stay in Canada for a certain length of time, or you lose your eligibility. In this respect, inland can sometimes be better.

 

[GregB]

So if she is under inland she doesn't need to get a vacation visa? (However she can't leave canada until the application is complete) and she'd be under the health care of Alberta as well?

 

[frege]

So if she is under inland she doesn't need to get a vacation visa? (However she can't leave canada until the application is complete) and she'd be under the health care of Alberta as well?

By "vacation visa" you mean a visitor visa, right? US citizens don't need a visa to visit Canada. When they cross into Canada they are normally given six months in Canada. They can be given less if the border officer has concerns, or more if this is requested and approved.

If you're in Canada legally and apply for sponsorship inland, and include an OWP (open work permit) application with the PR application, then your right to stay in Canada is extended until a decision is made. However, that is only as a visitor, so you can't work or study. (But unlike the US, you can apply to change your status to a worker/student even once you're in the country.) An outland application is unrelated to the right to remain in Canada during processing - they're on separate tracks.

She could leave Canada before the application was complete, but the consequences could be serious if she was denied entry back into Canada, because an inland application would be dropped in that situation. This is more likely before "approval in principle" (about 10 months in) of the PR application than after it.

With an inland application, you are required to live together in Canada for the entire duration of the application. Short vacations don't mean you're not living together in Canada, but there is the risk I mentioned of being denied entry back in.

The general understanding on the forum is that Alberta allows spouses with ongoing sponsorship applications to get health care. There is a requirement to reside in Alberta for a certain length of time, or else you might have to pay back any amounts for health care. You should post more specific questions about this in a separate thread.

 

[Sweden]

So if she is under inland she doesn't need to get a vacation visa? (However she can't leave canada until the application is complete) and she'd be under the health care of Alberta as well?

she can get health care in Alberta with an outland application if you're covered, then she can be covered too. Inland or outland doesn't play a role there ( in other provinces it does but not in Alberta).

 

[frege]

she can get health care in Alberta with an outland application if you're covered, then she can be covered too. Inland or outland doesn't play a role there ( in other provinces it does but not in Alberta).

How long is the residency requirement to keep coverage?

 

[GregB]

I apologize for being unclear in my last question.

I do have one final question because the open work permit seems out of reach.

Is outland suggested and if all goes well with the application, how long does it normally take (as an outland app)?

 

[Leon]

How long is the residency requirement to keep coverage?

Like most provinces, AB lets you keep coverage if you stay 6 months a year or longer. However, they also have 1st day health care for new residents as well as those moving from abroad so if you were to lose your health care for staying in the US for too long, there would be no problem getting it back when you move back.

 

[frege]

I apologize for being unclear in my last question.

I do have one final question because the open work permit seems out of reach.

Is outland suggested and if all goes well with the application, how long does it normally take (as an outland app)?

I listed the times here:

http://www.canadavisa.com/canada-immigration-discussion-board/how-to-get-into-canada-for-inland-application-t162096.0.html;msg2510029#msg2510029

 

[Sweden]

I apologize for being unclear in my last question.

I do have one final question because the open work permit seems out of reach.

Is outland suggested and if all goes well with the application, how long does it normally take (as an outland app)?

stage 1 is 1 month and stage 2 is quoted at 13 months, but a lot of straightforward cases get done usually somewhere between 6 to 8 months. Of course, it can get delayed if the application is not complete, you're missing documents, forgetting to sign some forms, or if you have lots of red flags in your application.

 

[frege]

Like most provinces, AB lets you keep coverage if you stay 6 months a year or longer. However, they also have 1st day health care for new residents as well as those moving from abroad so if you were to lose your health care for staying in the US for too long, there would be no problem getting it back when you move back.

Where does that leave someone with six months' authorized stay?

 

[Sweden]

Where does that leave someone with six months' authorized stay?

it's 6 months for Canadians or PRs - the spouse gets coverage based on the fact that the Canadian/PR is present in the province for 6 months at least.