Working in Canada while waiting for permanent residence application

[ishraqiyun77]

Hi, I have been reading about working and immigrating to Canada for most of the day. I am a programmer from the San Francisco Bay Area and would like to start looking for work in Vancouver, BC in the near future. I am having difficulty understanding the process and figured someone could probably clear it up for me.

My initial thought was look for work, get an offer, get work visa, move up there, apply to be a permanent resident. However, I then read this would not be considered dual intent because I would have to leave the country when the visa expires and because my intent is to stay there permanently, not temporarily. Thus, it seems I would need to apply for permanent residency, wait for that to process, then look for work, and then move up there.

The problem is it looks like applying to be a permanent resident takes a really long time to process, so definitely wouldn't be able to look for work in the near future.

What is the best way to go about this if I would like to be a permanent resident, but want to look for work soon? Just be patient and wait for the permanent residency?

 

[scylla]

There's no issue with your plan. You can obtain a work permit and apply for PR at the same time.

If you want to become a PR, you should apply for PR as soon as you qualify (you'll need to do some thing in advance like have your education formally assessed and take the English language test).

If you come to Canada before you have PR and before you have a work permit, you will only be able to enter as a visitor and may have to demonstrate that you are just a visitor at the border. If you are able to secure a work permit, that work permit will allow you to work and live in Canada temporarily while you wait for your PR application to be processed.

 

[ishraqiyun77]

Ok, cool. So I shouldn't have to leave the country and come back like what I was reading suggested. Seemed kind of silly: Well, your temporary work permit expired, and although your PR went through, you still have to honor the permit so step across the border and step back in and your good.

 

[ishraqiyun77]

So it sounds like the best course of action would be to: start looking for a job, get the work permit, get moved, and then start the PR requirements?

 

[scylla]

Ok, cool. So I shouldn't have to leave the country and come back like what I was reading suggested. Seemed kind of silly: Well, your temporary work permit expired, and although your PR went through, you still have to honor the permit so step across the border and step back in and your good.

I'm not really clear on what you're asking. You need to have valid status to remain in Canada. If for any reason you no longer have status in Canada (e.g. work permit expires and you don't qualify for another one) then you do need to leave Canada. Having a PR application in progress doesn't allow you to remain in Canada without valid status.

As for becoming a PR - yes, you need to "land" to trigger your PR visa. Everyone needs to land. This means you have to exit Canada and re-enter - or fly into Canada on an international flight. You can also book an appointment to land within Canada. However it can take month to get a spot - so you're usually better off going to a US/Canada land border and flagpoling (i.e. exiting and re-entering).

 

[scylla]

So it sounds like the best course of action would be to: start looking for a job, get the work permit, get moved, and then start the PR requirements?

I would highly recommend that you start by researching what it takes to immigrate, if you qualify and what your chances are of being selected. Several of Canada's immigration programs are points-based. Many qualify to apply - but only those with the most points are actually picked. Being from the US gives you no real advantages in qualifying.

Once you've done that, research the work permit process. Understand what LMIAs are and how you can bypass this step (if the job you're taking falls under NAFTA). This will give you an understanding of what it may take to find a job and employer.

Read as much as you can on this forum - specifically in the Express Entry section of the forum.

 

[ishraqiyun77]

Scylla, thanks for all the feedback!

A new twist to my situation is I realized my spouse is a Canadian citizen since her mother was born in Canada and she (my spouse) was born in the US. The Canadian Immigration website seems to agree.

We are starting the process of getting her citizenship validated, but sounds like it will make things a lot easier (at least for her) since she won't have to jump through a lot of the red tape to be able to get into the country. Still sounds like it will take several months to get her paperwork.

That being said, I am thinking I will just apply for permanent residency since it might be processed by the time she gets her paperwork. Not as soon as I was hoping to look for a job there, but sounds like it might be an easier transition since I won't have to juggle the work visa and PR. Sounds like by the time both our paperwork goes through we can pretty much move there (if anyone will rent to us, but at least there are long-term hotels), and live off savings for a little while until we find employment.

Anyway, I guess my question is this. It seems the biggest variable is "Ok, well how long you can dip into savings before finding employment before you are broke", but wanting your input on my understanding of the situation as it might be flawed: she will essentially be able to move there when she has citizenship docs; if I start my PR docs now, I will probably have them before she has her citizenship validation docs, which means we can drive across the boarder in a U-Haul truck without question of visiting/working/etc status; she can find employment (employer willing), but because I have PR I don't have to worry about work visas or visiting status, I can find employment (employer willing) as soon as possible and she doesn't have to sponsor me. Do these seem like valid statements? From what I read on the forums and the official Canadian websites, this seems to be correct.

My biggest concern with the whole work visa thing that I want to avoid is the fear of having to either: 1) pay for two apartments, one in the States and one in Canada, so I am not potentially homeless or have a bunch of furniture to haul across the border and back in; or 2) just becoming homeless because of Canadian work visa issues and not have the funds for the two apartments. It sounds like I can get the PR status without an employment offer and the onus is on me to meet my financial obligations in Canada via personal savings and I don't have to have her sponsor me which would still require me to get work visas or temporary living visas.

 

[vensak]

Scylla, thanks for all the feedback!

A new twist to my situation is I realized my spouse is a Canadian citizen since her mother was born in Canada and she (my spouse) was born in the US. The Canadian Immigration website seems to agree.

We are starting the process of getting her citizenship validated, but sounds like it will make things a lot easier (at least for her) since she won't have to jump through a lot of the red tape to be able to get into the country. Still sounds like it will take several months to get her paperwork.

That being said, I am thinking I will just apply for permanent residency since it might be processed by the time she gets her paperwork. Not as soon as I was hoping to look for a job there, but sounds like it might be an easier transition since I won't have to juggle the work visa and PR. Sounds like by the time both our paperwork goes through we can pretty much move there (if anyone will rent to us, but at least there are long-term hotels), and live off savings for a little while until we find employment.

Anyway, I guess my question is this. It seems the biggest variable is "Ok, well how long you can dip into savings before finding employment before you are broke", but wanting your input on my understanding of the situation as it might be flawed: she will essentially be able to move there when she has citizenship docs; if I start my PR docs now, I will probably have them before she has her citizenship validation docs, which means we can drive across the boarder in a U-Haul truck without question of visiting/working/etc status; she can find employment (employer willing), but because I have PR I don't have to worry about work visas or visiting status, I can find employment (employer willing) as soon as possible and she doesn't have to sponsor me. Do these seem like valid statements? From what I read on the forums and the official Canadian websites, this seems to be correct.

My biggest concern with the whole work visa thing that I want to avoid is the fear of having to either: 1) pay for two apartments, one in the States and one in Canada, so I am not potentially homeless or have a bunch of furniture to haul across the border and back in; or 2) just becoming homeless because of Canadian work visa issues and not have the funds for the two apartments. It sounds like I can get the PR status without an employment offer and the onus is on me to meet my financial obligations in Canada via personal savings and I don't have to have her sponsor me which would still require me to get work visas or temporary living visas.

1. After your wife will become citizen, she can apply for family reunion process, that takes around 2 years to go through that (meaning family reunion itself).
2. Yes you do not need job offer for immigrating and getting PR status. And it can be even fast but....
In the current Express Entry pool (the most common path) are lot of people with 2 University credentials, Masters or MBA, with 8 to 10 years work experience and almost flawless English"(maxed or closed to max IELTS test exam). All of them are waiting for next draw of candidates. Some do wait like almost 2 years in this system (not to mention the time before)
3. Paper based application in some streams also does take 2 + years to go through

Best advice is following:
1. Go for your wife citizenship first
2. at the same time prepare documents for you to be able to enter EE (Express Entry) (that is English test - yes even native speaker has to take it, Evaluation of your education credentials - you might need it later anyway) and then Enter that part.
3. While waiting you can still go for some options like getting work permit to work in Canada or such. (but here you need to be carefull, that it might not be that stable)

That way you will be working in several parts at the same time so whatever will get faster you will go with that.

 

[scylla]

1. After your wife will become citizen, she can apply for family reunion process, that takes around 2 years to go through that (meaning family reunion itself).

Won't take 2 years for an American. If they apply outland (which they absolutely should), it will be less than 8 months.

 

[vensak]

Won't take 2 years for an American. If they apply outland (which they absolutely should), it will be less than 8 months.

Ok good to know that part.
Still in my head that whole calculation of resetling process is around 1 year of documentation work. (her citizenship, her settling base in canada, his citizenship, his settling in Canada).

 

[ishraqiyun77]

Thanks for all the info and helping me plan a course of action!

I am filling out the requirements for Express Entry. Got my language test booked for next month and currently working on the ECA.

One question I do have, as it isn't entirely clear to me, is do I need to have my high school diploma and transcripts sent to an institution to certify too (I am using WES)? I was just submitting my college work and then it occurred to me they might want high school too.

 

[vensak]

Thanks for all the info and helping me plan a course of action!

I am filling out the requirements for Express Entry. Got my language test booked for next month and currently working on the ECA.

One question I do have, as it isn't entirely clear to me, is do I need to have my high school diploma and transcripts sent to an institution to certify too (I am using WES)? I was just submitting my college work and then it occurred to me they might want high school too.

Just universty diplomas (post secondary). Secondary school diploma is only used if that person does not have anything better on hand.

 

[ishraqiyun77]

Thanks gain!

Also, I was playing around with the EE eligibility tool.

One question it asks is if your spouse is a Canadian citizen and then it asks if the spouse has taken a language exam. Does she have to take the language exam even if she is a Canadian citizen who has lived abroad her whole life? I imagine she still has to get her college degree validated and everything.

 

[vensak]

Thanks gain!

Also, I was playing around with the EE eligibility tool.

One question it asks is if your spouse is a Canadian citizen and then it asks if the spouse has taken a language exam. Does she have to take the language exam even if she is a Canadian citizen who has lived abroad her whole life? I imagine she still has to get her college degree validated and everything.

Until she becomes citizen yes. After that check the simulation.

 

[canuck_in_uk]

One question it asks is if your spouse is a Canadian citizen and then it asks if the spouse has taken a language exam. Does she have to take the language exam even if she is a Canadian citizen who has lived abroad her whole life? I imagine she still has to get her college degree validated and everything.

No, she does not need a language exam. She will not be included in your EE application.

Until she becomes citizen yes. After that check the simulation.

She is already a Canadian citizen.