applying for permanent residence from the united states

[woollymammoth]

I'm a Canadian citizen and my wife is American. We'd like to move to Canada in June and I'm wondering what's the best approach to get her permanent residence ASAP?

Should we apply for sponsorship and permanent residence at the same time from the US? I'm doubting it will be processed in time. So, perhaps I should apply to sponsor her now and then once we're in Canada and the sponsorship has been approved - we apply for her permanent residency? Also - do we need to get the medical exam, etc... finished before applying? The recommended US doctor we contacted told us we needed to apply first and get something back before they could do the exam?

I've tried asking these questions to the SF and LA Canadian consulates and had very little luck. They won't talk to you on the phone and the LA consulate took over a week to answer my email! Currently still waiting for an email response from the Buffalo consulate.... >-:

 

[Emmy]

Well firstly, you don't apply for sponsorship and PR separately. You send in both parts of the application together. The first thing you'll need to decide on is whether to apply inland or outland.

Outland (apply from outside of Canada), will process faster, but you'll still be looking at several months, depending on the current processing times for the US (currently posted as 4-9 months via Buffalo...add an extra month at least for the sponsorship portion to be processed in Mississauga and then forwarded to Buffalo).

Inland (apply from within Canada), will take a lot longer (a year or two?). But I believe once you get to the first stage of approval you can apply for a work permit for your wife, so she can live and work in Canada during the process. I'm more familiar with the outland process, so I'll leave it to others to provide more details, especially in relation to how and when to apply for a work permit.

You need to read through the information carefully on the CIC website:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

Also, use the search function on these forums, as a lot of the questions you'll come up with will have already been answered and discussed.

But if you move to Canada in June, then inland would be the way for you to go. Get your inland application ready and mail it off once you've made the move.

 

[Leon]

You are not bound to apply inland even though you are living in Canada. You always have the right to get your file processed in your homeland.

If you apply outland, the sponsor approval takes a month in Mississauga and then the file gets sent to Buffalo and takes another 4-9 months there, average is 5, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#west and after that PR.

If you apply inland, the file is processed in Vegreville. Advisable to send application for visit status extension and open work permit to be given upon first stage approval along with it. The first stage approval and work permit can be expected after 6-7 months if all goes well but the PR itself can take 1-2 years.

One big downside on inland is that you are not adviced to travel while it's in process. If you are denied entry when coming back to Canada, the inland application is gone. The downside to outland is that if there is an interview, it will be in the US.

 

[woollymammoth]

Thank you Emmy and Leon for your helpful and informative replys....

One of our biggest concerns is getting healthcare for my wife ASAP. Therefore - it sounds like an outland application would be better.

We'll be moving to Toronto so trekking down to Buffalo for an interview would not be problematic.

So assuming we apply outland ASAP, do we need to have the medical exam done before sending in the application? Or - is this something we can do once we're in Canada, after the sponsorship part has been approved?

Also - am I correct in believing that it will be impossible to get any healthcare insurance in Ontario for my wife until she has PR status?

Thanks again!

 

[Suin]

So assuming we apply outland ASAP, do we need to have the medical exam done before sending in the application? Or - is this something we can do once we're in Canada, after the sponsorship part has been approved?

Thanks again!

here is a document checklist for the sponsor

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF

as you might see - they do require the proof of the medical examination for the sponsored person included into application for sponsorship & it is a must otherwise the application will be returned

that is actually not a big deal - it took as just a few hours to have it done in Philadelphia, PA

 

[woollymammoth]

Yeah, I saw that. I think I may be getting confused because when we originally applied for her as a skilled worker, they seemed to indicate that the medical exam could wait until later. Also - the US doctor we contacted told us we need to apply first, and then get back a form which he would need. Perhaps he's not the best source of advice on this matter?

with regards to healthcare - I was reading the OHIP rules for eligibility which include:

ii) you have submitted an application for permanent residence in Canada, and Citizenship and Immigration Canada has confirmed that you meet the eligibility requirements to apply for permanent residence in Canada;

Can anyone please comment on what step in the process is - "Immigration Canada has confirmed that you meet the eligibility requirements to apply for permanent residence in Canada"?

Is this an early step? ie. they acknowledge receipt of the application and don't reject it? ie. 1-3 months in? or is this basically the final step, where they are pretty much about to issue you the PR?

 

[woollymammoth]

also - wrt police certificates.... do I need a police certificate to sponsor my wife? or only she needs the police certificate?

 

[PMM]

Hi

also - wrt police certificates.... do I need a police certificate to sponsor my wife? or only she needs the police certificate?

Only her, she requires police certificates from every country where she has resided since the age of 18 for 6 months or more, and a FBI records check, as well as records checks from each state where she has resided for 6 months or more since age 18.

PMM

 

[woollymammoth]

yikes.... my head is starting to spin.

so really, my wife and I are interested in moving to Canada for ~ 2 years, then probably moving back here and ideally being able to travel and work freely in either place (although that's less of a concern).

we're trying to figure out what's the easiest way for her to get healthcare / be able to work in Canada while we're there. all roads pointed to permanent residence but given the fact that the FBI record check alone could take 5 months.... I'm starting to wonder whether we should just stay here in the US.

any other visa options anyone might suggest which may be helpful for us? temporary work permit?

 

[Leon]

FBI takes 5 months? I think it takes more like a month.

 

[woollymammoth]

yeah, on the FBI site - they quote a month. On the Canadian page (http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp) they say "Processing times are normally between 16 and 18 weeks"....

The UK police certificates are supposedly just 10 days.... so that's a plus.

So, we're getting fingerprinted today and sending out California, FBI and UK police certificate requests. Got a medical exam for next week. Cost is $435.

Once we get the police certificates back, we will submit an outland application.

We'll be entering Canada ~ June 10th... I suppose she'll enter as a visitor.

wrt OHIP coverage and the recent changes (http://www.health.gov.on.ca/english/public/pub/ohip/eligibility.html):

* you have submitted an application for permanent residence in Canada, and Citizenship and Immigration Canada has confirmed that you meet the eligibility requirements to apply for permanent residence in Canada (please note: applicants for permanent residence are no longer required to provide confirmation of having satisfied the Immigration medical as a condition for OHIP coverage);

Does "Immigration Canada has confirmed that you meet the eligibility requirements to apply for permanent residence in Canada" mean you got your AOR back? If not - what does it mean?

Also, I've seen some discussion on various boards that "you have submitted an application for permanent residence in Canada" means that this only applies to inland applications. Any thoughts on this point? Doesn't make sense to me. I don't read this as "you submitted inland", but rather "you submitted an application for PR in Canada" - ie. you're trying to get Canadian permanent residence....

Thoughts?

Thank you to all who have provided thoughts and feedback.

 

[Leon]

I think it would apply in the case that you had received a first stage approval as in spouse-inland. Just an AOR just means they received your application, not that you will get PR.

 

[woollymammoth]

So if Buffalo takes ~ 5 months to process - when do you receive first stage approval? 4.5 months? or earlier?

Thanks!

 

[Leon]

Buffalo is for outland. For outland there is no first stage approval. The file goes to Mississauga, takes 1 months to approve sponsor, then forwarded to Buffalo, then average time in Buffalo 5 months, then PR.

Inland is sent to Vegreville, 6-7 months to first stage approval which may bring good things like work permit if you applied for it, possibly health care coverage etc. but PR may take 1-2 years total.