USA outland applicant questions: TRV? Work Permit?

[Charlie525]

Hello,

I was wondering if someone could help me out with a few questions concerning an Outland Application, TRV, and working while the application is being processed.

Here is my situation: I’m an American married for 8 years to my Canadian wife and we have two children under 4. We are resigning from our jobs in the States and moving to Ontario in July when our lease is up. In early May 2019, we submitted applications for proof of Canadian citizenship for the kids and also submitted an Outland Application for PR for myself.

Here are my questions:

Since we are moving to Ontario in July, do I need a TRV? If so, am I allowed to do that with a pending Outland application?

The company I work for in the States is Canadian based and I might be able to transfer through them to a position in Ontario. Am I allowed to work while the Outland application is being processed?

Thank you in advance for your input!

 

[canuck78]

Hello,

I was wondering if someone could help me out with a few questions concerning an Outland Application, TRV, and working while the application is being processed.

Here is my situation: I’m an American married for 8 years to my Canadian wife and we have two children under 4. We are resigning from our jobs in the States and moving to Ontario in July when our lease is up. In early May 2019, we submitted applications for proof of Canadian citizenship for the kids and also submitted an Outland Application for PR for myself.

Here are my questions:

Since we are moving to Ontario in July, do I need a TRV? If so, am I allowed to do that with a pending Outland application?

The company I work for in the States is Canadian based and I might be able to transfer through them to a position in Ontario. Am I allowed to work while the Outland application is being processed?

Thank you in advance for your input!

The other 3 can move to Canada but you can only visitor. You can’t move all your personal stuff. Getting an approved transfer would take longer than getting the OWP. Correction: Just realized you said outland so no OWP option.

 

[k.h.p.]

As an American, you cannot get a TRV. Also the above advice about not moving is very important.

Since you submitted outland within the past couple of weeks, you're not eligible to apply for an OWP. You can only do that with an inland application.

 

[melylags]

To add to this: Americans being processed outland have been advised NOT to make it look like they are moving when they visit their spouses in Canada, so if you're bringing all of your stuff across the border (especially driving across), it could raise red flags to the border agent. And to reiterate, you cannot work for a Canadian company while on a visitor visa as this will also raise major flags to the border agent.
And be aware that you will have to leave Canada at some point during the process to submit biometrics (at a USCIS center), as this can only be done outside of Canada.

 

[scylla]

Hello,

I was wondering if someone could help me out with a few questions concerning an Outland Application, TRV, and working while the application is being processed.

Here is my situation: I’m an American married for 8 years to my Canadian wife and we have two children under 4. We are resigning from our jobs in the States and moving to Ontario in July when our lease is up. In early May 2019, we submitted applications for proof of Canadian citizenship for the kids and also submitted an Outland Application for PR for myself.

Here are my questions:

Since we are moving to Ontario in July, do I need a TRV? If so, am I allowed to do that with a pending Outland application?

The company I work for in the States is Canadian based and I might be able to transfer through them to a position in Ontario. Am I allowed to work while the Outland application is being processed?

Thank you in advance for your input!

You'll need to obtain a work permit in order to be able to work in Canada while you wait for PR. As others have said, you do not qualify for an Open Work Permit since you applied outland. Your options are to pursue an Intra Company Transfer work permit (this would be initiated by your company and there are specific requirements you need to meet to qualify). Alternatively, you can look into a regular closed work permit. If your job falls under a NAFTA occupation then no LMIA is required. Otherwise your employer will need to obtain an approved LMIA which can take up to six months.

 

[Charlie525]

Thank you for all of your responses.

We do not have a car, so what if we fly to Canada and I arrive as a visitor? Then my family will have a moving company bring all of our items across the border for us.

I understand I may not be able to work while the application is being processed, but could I change my address to where I'm staying in Canada and then have my bio-metrics in Canada?

 

[melylags]

Thank you for all of your responses.

We do not have a car, so what if we fly to Canada and I arrive as a visitor? Then my family will have a moving company bring all of our items across the border for us.

I understand I may not be able to work while the application is being processed, but could I change my address to where I'm staying in Canada and then have my bio-metrics in Canada?

You can still fly in as a visitor or drive in as one, but you should still provide evidence that you can support yourself financially while not working, buy a return ticket (you could book it right before you fly out so that you cancel it within 24 hours and get a refund), or other forms of evidence. You have to provide evidence that you will not overstay if your PR application processing time exceeds the length of your visitor visa. You are also allowed to apply for a visitor record and extend your stay as a visitor if your 6-month status is about to expire. This page on dual intent may be useful:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

However, you cannot submit biometrics in Canada, the biometrics letter will state that if you are currently in Canada then you will need to leave Canada to submit them. You may get lucky and receive the request for biometrics before you move in July, but it's hard to predict when it will come. Americans also seem to get processed pretty quickly (anywhere from 4-8 months, 6 months seems to be the average) so you may not need to apply for an extension at all to extend your visitor status.