American man to marry Canadian woman

[Sanotra]

Hello All,

I am an American looking to marry my Canadian fiance. I hope to get married in and stay permanently in Canada. I would appreciate any feedback from the community on how best to proceed. Ideally, we would get married and I could start working right away. That's how it would be if I were getting married in the United States. How would I go about making sure I can live in and work in Canada legally after the wedding??

Thanks,
Sanotra

 

[sariss]

Unfortunately, you won't be able to work right away. Unless you currently are in a common-law relationship, you will have to get married first, then apply. That takes time.
There are two ways to apply - inland means you have to stay in Canada during the entire process. The upside is you can start working once your wife has been approved as a sponsor (which takes about 11 months). The second stage takes about 8 months.

Outland is applying from outside of Canada, but it's a bit of a loophole in the sense that you can stay in Canada during the entire process if you want. Downside is you cannot stop working until the entire process is over, which is about 15ish months average).

However, wait times are average. The average wait time when we applied was 14 months - we were finished in 7.

 

[Sanotra]

Our plan is to apply "inland". Is it illegal for me to work for cash while I wait out the 11 months? Why is the wait so long? Is there a way to work legally? Will I be harassed during the 11 month period? Meaning, can I be exported if I stay longer than 6 months, even though I'm married to a Canadian?

 

[scylla]

Yes - of course it's illegal to work for cash. If CIC finds out you're working illegally, you will be ordered to leave Canada and issued with a six month ban (this will also effectively cancel your sponsorship application).

If you want to work legally, you have a few options:
- If your occupation qualifies under NAFTA and you can find an employer in Canada who is willing to offer you a job in this field, then you can applied for a work permit without a Labour Market Opinion
- If you have a specialized role with your company in the US and they have a division in Canada, they may be able to obtain a work permit in Canada for you through as an intra-company transfer
- Otherwise you must find an employer who is willing to offer you a job AND able to obtain an approved Labour Market Opinion (as part of this process they must prove they have advertised the job and were unable to find a Canadian for the role). It costs money for the employer to obtain an approved LMO and also takes a few months of processing time. Consequently it tends to be somewhat challenges (but certainly not impossible) to find employers willing to play ball.

 

[DuberBlue]

Scylla pretty much covers all the bases for the work question. To answer your last question...by applying inland you receive Implied Status, which permits you to stay in the country for the entire duration of the process. Actually, not only does it allow you to stay but it, for all intents and purposes, compels you to stay. If you leave the country and are refused re-entry for any reason, your application will be lost.

 

[Sanotra]

Notifying me of the "Implied Status" is very helpful. Thank you DuberBlue.

Thanks for your feedback Scylla and Sariss. I'm a man, and I feel it is my duty to work for a living, and be the primary provider in the married home. No offense intended if any of you are egalitarians... The idea of not being able to work for 11 months and relying on the sole income of my wife is a terrifyingly depressing thought to me. I reviewed the occupations listed under the NAFTA and sadly do not qualify. The only skill that I perceive might be a gateway skill is that I am a licensed commercial truck driver. If we move to an area where "transport" driving jobs are in high demand, would it be relatively easy to obtain a lmo?

 

[sounion]

It depends. LMO's need to show that a Canadian can't do the work. For instance, I wanted to get an LMO for a teaching gig in Newfoundland. Unfortunately, they were laying off teachers, so clearly there were PLENTY of Canadians who could use that work.

Honestly, your best bet would be to work in the US and apply outland for Canadian PR.

Is your fiance able to stay in the U.S.? It doesn't matter where you get married also. My wife (Canadian) and I (American) were wed in Singapore. They just need to see the official documentation of that union. Also, be sure you have lots of evidence of your relationship. Often times if a couple weds right before an application is submitted, they'll want to see more proof than just a marriage cert. Get pictures, emails, joint bank acct statements, etc. etc.

 

[scylla]

Honestly, your best bet would be to work in the US and apply outland for Canadian PR.

Agreed. If you can't go without working and are concerned you won't be able to find an employer/LMO, apply outland and stay in the US and work there until your application is approved.