Canadain Citizen living in the US with US Green Card wanting to return to CAN

[Bill369]

Hi, I'm a Canadian citizen living in the US since 2005, have a US green card, and married to a US citizen. We want to return to Canada to live and work. My spouse worked in Canada for 3 years leading up to our marriage in 2005 as an expat and has a Social Insurance Card for Canada. What is the process to do this. Since I will not have a job yet I can not sponsor my spouse and with my spouse's skill set will be able to obtain a job quicker than me.

Thank you!

 

[Leon]

Go to http://www.cic.gc.ca/ and check the immigrate section under family sponsorship.

As a Canadian citizen, you can start your sponsorship from another country but you would have to convince immigration that you and wife are planning to live in Canada after she gets her PR.

If you are not successful with that, you can establish residency in Canada yourself and apply again, wife either staying in the US for work or coming with you as a visitor. If the wife is still officially living in the US, it's called an outland sponsorship. Takes approximately 7 weeks to approve sponsorship and average 5 months processing in the US, then she gets PR. In the meantime, she can stay with you as a visitor, not allowed to work in Canada, she can stay in the US and work or she can go back and forth.

If you choose to go together and stay together in Canada until sponsorship is approved, you can also apply inland. Then the file stays in Canada the whole time, open work permit at first stage approval which takes approximately 6 months and PR in 1-2 years. It is not advised to leave Canada while an inland application is in process.

Money is not an object since spousal sponsorships are exempt from income requirements.

 

[Bill369]

Hi Leon, thank you for your prompt reply. Question on the inland sponsorship. Are you saying if we both move to Canada and apply that the open work permit could take up to 6 months? I know in the US when I applied for PR I filled out another form (I-765) to get a temp work permit, which took 2 months, while the PR was in progress. Do you know if Canada has such a work permit when the PR application process is in gear?? Next question would you know if an employer could request a work permit due to not filling the position due to special skills not found in Canada or qualified candidates? Thanks!

 

[Leon]

The open work permit that takes around 6 months, that is the special work permit for spouse. They just don't want to give out work permits until 1st stage approvals. I assume the US is giving them out in good faith before really looking at your case but Canada doesn't do that.

She could try to get a job offer and temporary work permit for sure. The job offer first and the employer takes care of the rest. Another way would be to get a NAFTA visa (TN visa) but I do not know too much about those.

 

[Bill369]

Thanks Leon!! This helped!

 

[kisidro]

Leon how would we need to prove that we will be moving to canada. I have a savings account and will be living with my parents until we can buy our own place. We will be starting to look for jobs once the application is at the later stages, but what else or what proof would we need to provide?

 

[Leon]

Leon how would we need to prove that we will be moving to canada. I have a savings account and will be living with my parents until we can buy our own place. We will be starting to look for jobs once the application is at the later stages, but what else or what proof would we need to provide?

If you apply while you are still living in the US, you need to prove intent to move to Canada. See if you can get any friends or family to offer you a job for when you move, at least on paper. Get a statement from your parents saying that they know of your plans to move and you have arranged to stay with them while you look for a place. Some people have said they found it hard to prove this. Some have succeeded.

If you move to Canada already before you apply to sponsor, then you don't need to prove this. Your wife can come with you as a visitor when you move but she can't work until the sponsorship is through. If your wife is living with you in Canada when you apply, you can still apply through the US which will give her PR faster but you would also have the option to apply inland in Canada which would give her a work permit in the interrim but PR slower. If you plan to be going between the US and Canada for visits, it's better to apply through the US because if you apply inland, it's not advised to leave Canada while the application is in process.