Applying for PR when out of country

[Crisper]

I'm a Canadian citizen/US PR. My wife is a US citizen. We are currently in a third country, but will be back in the US soon.

My wife is just finishing her PhD, and she's looking for a job. I've been looking in to Canadian permanent residency (with a work permit) for her, so that she can apply for jobs in Canada. Right now all jobs require her to show that she can legally work there, which at the moment she cannot.

But to apply for Canadian PR, we have to show intent to live in Canada. Our intent is to live where ever she can get a job (I can legally work in the US, and am willing to go wherever she gets a job). So our intent isn't ironclad, but if she can get a job in her field there we absolutely would live there. Basically, our intent to live there is entirely dependent on if she's able to get a job there. A bit of a catch 22.

So the question is: Can we apply for PR when our intent to live there is dependent on getting a job after?

Also, if we apply for her permanent residency in Canada while outside the country, can we enter and leave Canada without an issue? When getting my US residency, this was an issue.

(was told to Repost this from the PR forum)

 

[WeegieInOttawa]

I'm a Canadian citizen/US PR. My wife is a US citizen. We are currently in a third country, but will be back in the US soon.

My wife is just finishing her PhD, and she's looking for a job. I've been looking in to Canadian permanent residency (with a work permit) for her, so that she can apply for jobs in Canada. Right now all jobs require her to show that she can legally work there, which at the moment she cannot.

But to apply for Canadian PR, we have to show intent to live in Canada. Our intent is to live where ever she can get a job (I can legally work in the US, and am willing to go wherever she gets a job). So our intent isn't ironclad, but if she can get a job in her field there we absolutely would live there. Basically, our intent to live there is entirely dependent on if she's able to get a job there. A bit of a catch 22.

So the question is: Can we apply for PR when our intent to live there is dependent on getting a job after?

Also, if we apply for her permanent residency in Canada while outside the country, can we enter and leave Canada without an issue? When getting my US residency, this was an issue.

(was told to Repost this from the PR forum)

Your wife would only be able to get a work permit (OWP) if you applied inland and that means you both have to live IN Canada.

If you apply Outland you can wait out the sponsorship processing OUTSIDE Canada but there is no OWP option.

 

[WorkerInCanada123]

As your wife has a PhD, it is really easy to get sponsored for a job in Canada. Postdoctoral fellows are exempt from the LMIA, and the application process is really straight forward. I have a PhD and I have been through the process myself several times.

All your wife needs is a written job offer, and then the employer has to simply submit an application through the CIC Employer Portal, and they get a number which your wife puts in her work permit application. The employer does NOT have to advertise the job and they do NOT have to prove that there are no Canadian to do her job. All academic/research institutions are well versed in this process and regularly hire international candidates.

My suggestion to you would be to apply outland, as your wife is highly skilled and able to get a work permit quite easily. You can relocate to Canada whenever you like (you as citizen and your wife as a visitor), then once you are on the ground here your wife can look for jobs. The application process for a LMIA-exempt work permit is ~2 months, whereas an open work permit is ~4 months. The other benefit of applying outland is that your wife has no restrictions on travel outside Canada (whereas inland your wife is not supposed to leave the country while processing), and historically US outland applications are completed quicker than inland. Also, if you apply outland, you can apply now, you don't have to wait until you are living in Canada to apply.

Hope that helps!

 

[Crisper]

If you apply Outland you can wait out the sponsorship processing OUTSIDE Canada but there is no OWP option.

So to clarify, if we apply from outside we cannot get an open work permit until we are both in the country? And the application is outland we have to wait outside the country until it goes through? Even if we wanted to visit my parents for a weekend, we/she wouldn't be allowed? I was stuck in the US for the better part of a year when I applied for my green card there, I'd rather not have to do that again.

As your wife has a PhD, it is really easy to get sponsored for a job in Canada. Postdoctoral fellows are exempt from the LMIA, and the application process is really straight forward. I have a PhD and I have been through the process myself several times.

This is nice to hear, though she's less interested in academic positions. Though she's up for anything right now. The political climate in the US has made jobs in ecology hard to come by there.

My suggestion to you would be to apply outland, as your wife is highly skilled and able to get a work permit quite easily. You can relocate to Canada whenever you like (you as citizen and your wife as a visitor), then once you are on the ground here your wife can look for jobs. The application process for a LMIA-exempt work permit is ~2 months, whereas an open work permit is ~4 months. The other benefit of applying outland is that your wife has no restrictions on travel outside Canada (whereas inland your wife is not supposed to leave the country while processing), and historically US outland applications are completed quicker than inland. Also, if you apply outland, you can apply now, you don't have to wait until you are living in Canada to apply.

Hope that helps!

That does help, but also gives me more questions. The outland PR takes about a year? And the the work permit would be on top of that? Can she get an LMIA-exempt permit while her PR application is processing?

What happens if I apply for an outland PR and she ends up getting a job in the US? Do we have a certain amount of time we have to move to Canada by?

 

[WorkerInCanada123]

Correct. You can only get an Open Work Permit if you apply inland, and to do that your wife needs to be living IN Canada to apply. You cannot get an Open Work Permit if you apply outland. If you would like the option to travel, it is best to apply outland (there are no travel restrictions, your wife can come and go as she wishes). It is recommend not to travel when you apply inland.

If you wife is definitely not interested in academic positions, getting a work permit sponsored by an employer is much harder as she'll need a LMIA. In that case, if your wife wishes to work during the processing of application you should apply inland and get an Open Work Permit. The other option is to both remain in the US and work there, then both relocate to Canada once the application has been approved.

Current processing times (inland and outland) are estimated at 12 months. But based on discussion on this forum, it seems that straightforward applications where the Principal Applicant is a US citizen and is applying outland can take less than that. But there's no guarantee.

I don't think that is a problem as she can still keep her PR is she is living with you outside Canada. She won't be eligible for citizenship until she lives in Canada, but she can keep renewing her PR as long as she is living with the spouse that sponsored her for as along as she wishes to remain working and living in the US.

 

[WeegieInOttawa]

So to clarify, if we apply from outside we cannot get an open work permit until we are both in the country? And the application is outland we have to wait outside the country until it goes through? Even if we wanted to visit my parents for a weekend, we/she wouldn't be allowed? I was stuck in the US for the better part of a year when I applied for my green card there, I'd rather not have to do that again.

Outland you cannot get a OWP at all. Processing times tend to be quicker Outland but there is no guarantee and the processing times are "officially" the same according to CIC.

No you don't have have to wait outside Canada with Outland application..but if you wanted to stay where you are currently you can so that. It's not a case of if you're Outland you can't come
into Canada (even for visits)you absolutely can.

I applied Outland and am currently in Canada.

Both inland and Outland have their positives and negatives..it's just whichever works for you depending on what you need/plan to do.

As previous reply mentions there are other ways of living in Canada, if you qualify, other than pr sponsorship.

 

[Crisper]

Ok.

I guess I'll start her Outland PR application tomorrow.

Once the PR is approved/issued, can she apply for an OWP before coming to Canada?

 

[WeegieInOttawa]

Ok.

I guess I'll start her Outland PR application tomorrow.

Once the PR is approved/issued, can she apply for an OWP before coming to Canada?

No, no need for a work permit once application is approved.

Once pr is approved you will "land". This is the process of activating your PR. It can be done at a border/airport border desk or in many designated offices throughout Canada.

Once you have landed you are free to work (after obtaining sin number).

 

[Crisper]

That makes sense. I'm just getting a bunch of different countries' laws all mixed up.

Thanks a lot for the help. I'll keep looking at this forum.