Work Permit for my US Citizen husband

[Canadian8675309]

Hi everyone, I am trying to find out if and how this is possible, the IRCC website leads me to believe it is... Quick background: I am Canadian living in Canada and my husband is American living in the states, we have an outland spousal sponsorship processing already. He would like to come to Canada to be with me while we wait for the rest of our application to process. IRCC message after applying said your spouse may be able to join you sooner and recieve faster processing if your sponsorship is already in progress, buuuut, since he is from a visa-exempt country, he's getting stone walled on the website because he can't apply for a TRV and then in turn be able to apply for an OWP when he gets in the country.
So, what I'm asking is: how can we do this so that he can work while he is here waiting? We plan to drive from his state into Canada.
Do we just get everything in order and apply at the port of entry? If that's the case what do we need? Will the border potentially turn him away?
Thanks so much for any help here

I've tried the automated maze on the immigration call centre and so has he and we have never been able to get an answer or be able to talk to a person.

 

[scylla]

Hi everyone, I am trying to find out if and how this is possible, the IRCC website leads me to believe it is... Quick background: I am Canadian living in Canada and my husband is American living in the states, we have an outland spousal sponsorship processing already. He would like to come to Canada to be with me while we wait for the rest of our application to process. IRCC message after applying said your spouse may be able to join you sooner and recieve faster processing if your sponsorship is already in progress, buuuut, since he is from a visa-exempt country, he's getting stone walled on the website because he can't apply for a TRV and then in turn be able to apply for an OWP when he gets in the country.
So, what I'm asking is: how can we do this so that he can work while he is here waiting? We plan to drive from his state into Canada.
Do we just get everything in order and apply at the port of entry? If that's the case what do we need? Will the border potentially turn him away?
Thanks so much for any help here

I've tried the automated maze on the immigration call centre and so has he and we have never been able to get an answer or be able to talk to a person.

You cannot apply for an OWP at the port of entry and he also doesn't need a TRV.

He needs to be in Canada to apply for the OWP and you must have received AOR for the spousal sponsorship application.

So he would enter Canada as a visitor. Assuming you already have AOR, he applies for the OWP once he is physically in Canada and then waits for the OWP to be approved before he can start working.

 

[Ponga]

Hello, `Jenny Jenny'! LOL!

Unfortunately, the option to `flagpole' ended back in December:

https://www.canada.ca/en/border-services-agency/news/2024/12/ending-flagpoling-for-work-and-study-permits-at-the-border.html

However...there's this:

In very limited circumstances, work and study permits may still be granted at a port of entry to individuals who otherwise meet the definition of flagpoling. The exemptions include:

• Citizens and lawful Permanent Residents of the United States of America;

 

[scylla]

Hello, `Jenny Jenny'! LOL!

Unfortunately, the option to `flagpole' ended back in December:

https://www.canada.ca/en/border-services-agency/news/2024/12/ending-flagpoling-for-work-and-study-permits-at-the-border.html

However...there's this:

In very limited circumstances, work and study permits may still be granted at a port of entry to individuals who otherwise meet the definition of flagpoling. The exemptions include:

• Citizens and lawful Permanent Residents of the United States of America;

Have you ever seen an OWP linked to a spousal sponsorship application approved at the POE? I have not on this forum. I've just seen refusals. I don't believe CBSA will approve an OWP at the POE even if it involves a US citizen. Maybe you've seen an approval?

 

[Canadian8675309]

You cannot apply for an OWP at the port of entry and he also doesn't need a TRV.

He needs to be in Canada to apply for the OWP and you must have received AOR for the spousal sponsorship application.

So he would enter Canada as a visitor. Assuming you already have AOR, he applies for the OWP once he is physically in Canada and then waits for the OWP to be approved before he can start working.

Thank-you!! Sorry more questions!! LOL

Yes we have the AOR, he has done his medical examination and submitted it, submitted biometrics & sent in a plethora of extra paperwork that they requested regarding state level police certificates.
So, once he's physically here, he goes to apply online for the OWP and when it asks him if he has legal temporary status in Canada, he says yes, because he's from a visa exempt country?
Do we update our spousal application with my address once he is here?
Would the OWP still recieve automatic faster processing?
He is a mechanic and I'm wondering if we will encounter any issues when crossing the border if we bring his tools with us and what things would he be able to bring?
Would we need to leave most of his things in the US when we drive accross the border?

Thanks again for your help!

 

[Canadian8675309]

Hello, `Jenny Jenny'! LOL!

Unfortunately, the option to `flagpole' ended back in December:

https://www.canada.ca/en/border-services-agency/news/2024/12/ending-flagpoling-for-work-and-study-permits-at-the-border.html

However...there's this:

In very limited circumstances, work and study permits may still be granted at a port of entry to individuals who otherwise meet the definition of flagpoling. The exemptions include:

• Citizens and lawful Permanent Residents of the United States of America;

haha hello
So, I'm thinking this is not likely a good choice for us. Thanks for the information. There is just a sea of information out there and trying to determine what is relevant to our particular circumstances is difficult sometimes.

 

[YVR123]

Thank-you!! Sorry more questions!! LOL

Yes we have the AOR, he has done his medical examination and submitted it, submitted biometrics & sent in a plethora of extra paperwork that they requested regarding state level police certificates.
So, once he's physically here, he goes to apply online for the OWP and when it asks him if he has legal temporary status in Canada, he says yes, because he's from a visa exempt country?
Do we update our spousal application with my address once he is here?
Would the OWP still recieve automatic faster processing?
He is a mechanic and I'm wondering if we will encounter any issues when crossing the border if we bring his tools with us and what things would he be able to bring?
Would we need to leave most of his things in the US when we drive accross the border?

Thanks again for your help!

OWP application time varies. IT's not instant for sure.

Do not bring any tool and appears that he plans to work before he has a work permit.
Not sure if storing his tools somewhere and only bring them in after he got OWP is an option.

 

[armoured]

He is a mechanic and I'm wondering if we will encounter any issues when crossing the border if we bring his tools with us and what things would he be able to bring?

There's tools and then there's tools.

He shouldn't bring his 5-ton lathe. His ratchet set and a couple power tools are definitely ok.

If he's got stuff that fits in his trunk and he's an, ahem, enthusiast and can plausibly say he tends to, ahem, over-prepare and doesn't like to travel without 'his stuff' - well, my guess is he won't have too much trouble. YMMV.

In all seriousness, total weight/volume/value probably matter. Have him bring the plausible reduced/travel set.

 

[Ponga]

Have you ever seen an OWP linked to a spousal sponsorship application approved at the POE? I have not on this forum. I've just seen refusals. I don't believe CBSA will approve an OWP at the POE even if it involves a US citizen. Maybe you've seen an approval?

No, I have not. I was only providing the information found via the included link.

 

[Canadian8675309]

We are going to leave some of his things in my parents house in the states, it's much closer to us than where he lives currently lol so, hopefully we won't have to much trouble

 

[armoured]

We are going to leave some of his things in my parents house in the states, it's much closer to us than where he lives currently lol so, hopefully we won't have to much trouble

You should be fine, Jenny, if he doesn't bring a whole lot of stuff at once and things like furniture.

Oh one additional point: he should definitely avoid stating he is 'moving'. He's visiting. Yes, if asked, he has a PR application in process, and yes, he does plan to move eventually - but this is a visit. His stuff is in USA and he'll have to go back. (And probalby deal with his car).

How long will he stay / will he stay until he becomes a PR? Indeterminate exact time but [probably a few months], but it's just a visit. If the approval comes through, will he just stay? Well, perhaps do the admin formalities, but still has to go back sometime. But will definitely only stay as long as allowed to.

It's ok if he changes his plans/his mind after as things proceed; normal 'life changes' after the fact are not misrepresentation. It seems to me all of this is basically true. He can apply to extend later if needed/if he wishes.

I think it's fair to say that for the most part, this all usually isn't a huge issue at border for US applicants; BUT, there can occasionally be some noise/bad reactions to those 'visiting' who take for granted that they can just 'move' whenever they want without any formalities. A wee bit of normal respect for visiting-another-country/they have rules too goes a long way.

And yes - they do get a fair number of honest-to-God cases of people showing up with all their stuff tied to the roof just assuming they can move to Canada whenever they feel like it.

 

[Canadian8675309]

You should be fine, Jenny, if he doesn't bring a whole lot of stuff at once and things like furniture.

Oh one additional point: he should definitely avoid stating he is 'moving'. He's visiting. Yes, if asked, he has a PR application in process, and yes, he does plan to move eventually - but this is a visit. His stuff is in USA and he'll have to go back. (And probalby deal with his car).

How long will he stay / will he stay until he becomes a PR? Indeterminate exact time but [probably a few months], but it's just a visit. If the approval comes through, will he just stay? Well, perhaps do the admin formalities, but still has to go back sometime. But will definitely only stay as long as allowed to.

It's ok if he changes his plans/his mind after as things proceed; normal 'life changes' after the fact are not misrepresentation. It seems to me all of this is basically true. He can apply to extend later if needed/if he wishes.

I think it's fair to say that for the most part, this all usually isn't a huge issue at border for US applicants; BUT, there can occasionally be some noise/bad reactions to those 'visiting' who take for granted that they can just 'move' whenever they want without any formalities. A wee bit of normal respect for visiting-another-country/they have rules too goes a long way.

And yes - they do get a fair number of honest-to-God cases of people showing up with all their stuff tied to the roof just assuming they can move to Canada whenever they feel like it.

I've heard that before lol Yes the leaving things behind is a pain, but, not the end of the world. Should he not say he plans to apply for an OWP? Just keep it to an extended visit and that's all?

Once he is here though, do we update the PR application to change his address to here?

Thanks

 

[armoured]

I've heard that before lol Yes the leaving things behind is a pain, but, not the end of the world. Should he not say he plans to apply for an OWP? Just keep it to an extended visit and that's all?

Once he is here though, do we update the PR application to change his address to here?

Thanks

If he gets asked about it, sure, just answer truthfully.

You can change the address or not, up to you. If he prefers to stay and do a virtual landing, yes. If he would prefer to do a physical landing at border (when he could also bring his stuff), that.

 

[Canadian8675309]

If he gets asked about it, sure, just answer truthfully.

You can change the address or not, up to you. If he prefers to stay and do a virtual landing, yes. If he would prefer to do a physical landing at border (when he could also bring his stuff), that.

Wouldn't he still be able to bring his stuff over when he gets his PR card?

 

[armoured]

Wouldn't he still be able to bring his stuff over when he gets his PR card?

Yes, just that would be the earliest time when he could bring his stuff in, so could be done at same time as landing. A question of preference.