Canadian Girl married to American Boy...so many questions.....

[melaniefc]

Hi all,
I am a Canadian citizen married to an American citizen, we have lived all our married life (7.5 yrs) in California. I am a permanent resident of the U.S. soon to be a citizen. But we want to move back to Canada (Alberta specifically) we have 3 American born children who have Canadian citizenship through me.
Questions:
*Can I sponsor my husband although we both live out of Canada?
*As we both live in the States do we apply through Buffalo or Mississauga?
*Once we apply, it seems, according to the website, it takes about a month to assess the sponsor and about 11 months to assess the PR applicant, but doesn't the medical examination expire after year? What if you are not accepted in that time frame? What if you don't move back with the year? It seems a bit close to only have a year to move back and yet it takes a year to assess the case!? So would we have to carefully plan and know that once we apply we must move within the year?
* Do I need the children's Proof of Citizenship before we apply?
* I was told if we move back while hi PR application is still pending he can't work! True?

Anyway this is very daunting even though I've already been through the ringer of immigrating to the United States!!

Help! I want to go home!

Melanie

 

[Karlshammar]

Hello,

I'm answering inside your text in CAPS where I can to make it easy to read, but I am not shouting at you.

Hi all,
I am a Canadian citizen married to an American citizen, we have lived all our married life (7.5 yrs) in California. I am a permanent resident of the U.S. soon to be a citizen. But we want to move back to Canada (Alberta specifically) we have 3 American born children who have Canadian citizenship through me.
Questions:
*Can I sponsor my husband although we both live out of Canada?
YES, AS A CITIZEN YOU CAN DO THIS, HOWEVER YOU MUST PROVIDE SOME SORT OF PROOF THAT YOU ARE RETURNING TO CANADA. GENERALLY THIS WOULD BE SOMETHING LIKE A JOB OFFER, SCHOOL ACCEPTANCE, ETC. THE CIC WEBSITE HAS MORE INFO ABOUT THIS.

*As we both live in the States do we apply through Buffalo or Mississauga?
SPONSORSHIPS ARE PROCESSED THROUGH MISSISSAUGA ALWAYS. ONCE THE SPONSORSHIP HAS BEEN APPROVED THEY WILL SEND THE PR APPLICATION TO THE APPROPRIATE VISA OFFICE, WHICH IN YOUR CASE IS BUFFALO.

*Once we apply, it seems, according to the website, it takes about a month to assess the sponsor and about 11 months to assess the PR applicant, but doesn't the medical examination expire after year? What if you are not accepted in that time frame? What if you don't move back with the year? It seems a bit close to only have a year to move back and yet it takes a year to assess the case!? So would we have to carefully plan and know that once we apply we must move within the year?
REMEMBER THAT THE PROCESSING TIME ON THE WEBSITE IS AN AVERAGE, ALSO INCLUDING THOSE WHO HAVE TROUBLESOME APPLICATIONS OR NEED INTERVIEWS DUE TO DOUBTS ABOUT THE RELATIONSHIP. WITH YOUR HISTORY I WOULD BE EXTREMELY SURPRISED IF YOUR INTERVIEW WAS NOT WAIVED (THOUGH THERE ARE NO GUARANTEES), WHICH MEANS YOUR PROCESSING TIME WOULD PROBABLY BE SOMEWHAT LOWER.

IF IT DOES HAPPEN THAT HIS MEDICAL EXAM EXPIRES BEFOREHAND, THE CONSULATE GENERAL WOULD SEND A REQUEST FOR A NEW MEDICAL TO YOU.

* Do I need the children's Proof of Citizenship before we apply?
SINCE THEY ARE YOUR CHILDREN THEY SHOULD BE CANADIAN CITIZENS AND WOULD NOT BE APPLICANTS, SO I DON'T THINK YOU WOULD NEED THAT. HOWEVER, IMMIGRATION WITH CHILDREN IS AN AREA WHERE I HAVE LIMITED KNOWLEDGE, SO ANYONE ELSE WHO KNOWS MORE FEEL FREE TO PITCH IN.

* I was told if we move back while hi PR application is still pending he can't work! True?
THIS IS CORRECT, IF HE WANTED TO WORK BEFORE HIS PR WAS GRANTED HE WOULD HAVE TO APPLY FOR A WORK PERMIT JUST LIKE EVERYONE ELSE (UNLESS HE IS IN A NAFTA COVERED PROFESSION, IN WHICH CASE HE CAN SHOW UP AT THE BORDER WITH A JOB OFFER AND GET NAFTA STATUS THERE THAT ALLOWS HIM TO WORK). THE CANADIAN GOV'T DOES NOT GIVE ANY SPECIAL CONSIDERATION TO ANYONE BECAUSE THEY HAVE A PR APPLICATION PENDING.

Anyway this is very daunting even though I've already been through the ringer of immigrating to the United States!!

Help! I want to go home!

I HOPE THIS HAS HELPED, IF YOU HAVE ANY MORE QUESTIONS DON'T HESITATE TO ASK. GOOD LUCK!

Melanie

 

[melaniefc]

Thanks so much for that...further on the timing question...does the medical examintion definitely expire after only 1 year?
And what if we apply and get accepted and we do not move back within a year from the medical examination date due to logistics on our end (selling the house etc...setting things up there)
thanks!!!

 

[AlieW]

Thanks so much for that...further on the timing question...does the medical examintion definitely expire after only 1 year?
And what if we apply and get accepted and we do not move back within a year from the medical examination date due to logistics on our end (selling the house etc...setting things up there)
thanks!!!

Assuming you get your PR - the expiration date of the PR is 1 year from the date you took your medical. (So if for example you took your medical in Feb 2011, and the PR was issued in Nov 2011, you have until Feb 2010 to land) You must 'land' before the PR expires - aka cross the boarder into Canada. However my understanding is that this doesn't mean you have to have everything organized and ready to move on that day. I think that you can land, and then head back to the states to take care of any unfinished business (such as selling the house, ect). You do however need to have a Canadian address to send his PR card to. However, I don't have personal experience with this so perhaps someone else can confirm if this is indeed possible.

 

[melaniefc]

Thanks so much for that... another big question since having work is so important....is there a way to get a job offer without having your PR yet,or a work permit? My husband is a teacher and almost has his MA. I am the citizen but I am a homemaker (and don't hold any quals that could garner me any significant income) so it wouldn't be so easy for me to support us while he finds work....mmmm problematic.

 

[AlieW]

Thanks so much for that... another big question since having work is so important....is there a way to get a job offer without having your PR yet,or a work permit? My husband is a teacher and almost has his MA. I am the citizen but I am a homemaker (and don't hold any quals that could garner me any significant income) so it wouldn't be so easy for me to support us while he finds work....mmmm problematic.

Again not an expert - but I believe you can get a job offer before having a PR - you just can't start working until you get your PR as you need your PR in order to get a SIN card - which you need in order to work (and pay taxes ).

So as long as he's not actually working before the PR is issues i don't see why he can have an offer in hand.
Someone may have experience with this and can give you more info - or correct me if i'm wrong.

Cheers,

 

[matthewblckwd]

Melanie,

Just a note to say good luck. We have the same situation, I the American Boy married my Canadian Girl 8+ years ago with 2 boys who already have their dual citizenship. She is the Teacher, I lost my job here and we are hoping to reverse roles back once we are in Canada (she is a much better Homemaker
I have heard of people getting approved in 2-4 months so that is what we are hoping for. Moving in June right after schools out would be perfect as we would still have a few months of her salary here while we look for work. We are moving to Ontario, but Alesia has a sister in Edmonton, small world.
Anyhow best of luck to you!
Matthew

 

[scylla]

Your husband can certainly work before his PR application his approved.

In order to do this, he will first have to secure a job with an employer. This employer will then have to submit an LMO (labour market opinion) to the government for approval. As part of the LMO process, the employer will have to advertise the job on Canadian job boards for a period of at least two week to prove that no Canadian citizen or existing permanent resident can be hired for the role. If no qualified applicants come forward, then the employer can submit the LMO paperwork.

If the LMO is approved (note: not all are approved - some are rejected if the government feels the employer should be able to find Canadians to fill the role), then your husband would next apply for a work permit. Once the work permit is approved, he would be able to enter Canada to start the job.

One further note... I'm not sure what level/grades your husband is intending to teach. However you might want to do some reading here to learn what certifications are required to teach certain levels/grades in Alberta: http://education.alberta.ca/teachers/certification.aspx

Hope this helps.

 

[melaniefc]

wow you guys rock, you are more informative that Brian Tsuji (Randy Quaid's lawyer) whom I called in Vancouver to get some info!!!

 

[AllisonVSC]

Thanks so much for that... another big question since having work is so important....is there a way to get a job offer without having your PR yet,or a work permit? My husband is a teacher and almost has his MA. I am the citizen but I am a homemaker (and don't hold any quals that could garner me any significant income) so it wouldn't be so easy for me to support us while he finds work....mmmm problematic.

I'm a US citizen and was a teacher (BS, MAT and 20 years experience teaching mathematics) and I had no success finding work in Canada (I'm in Ontario) before or even after getting my PR. It was very discouraging for me, but I want you to consider some of the road blocks. I've been here almost 2 years (I came as a visitor) and have been legally able to work for 16 months. I've had no luck finding work and am re-training for the accounting field. Fortunately, my partner has an excellent job and we can live on his income alone. I honestly didn't think it would be THIS hard to find work coming from the US, but it is what it is.

Unlike the states, there are lots of teachers (even for math and sciences) here and having an Ontario teaching certificate is required in both the public and Catholic school systems and in many private schools as well. Unless Alberta is significantly different from Ontario, I suspect that getting an LMO is virtually impossible. Some of the younger Canadian teachers that I have met here are struggling to get "supply teacher" (think substitute) positions and tell me that it will take years to get a steady job. Plus, your husband will have no Canadian job experience which seems to be critical in the candidate assessment process (in any line of work, not just teaching).

Getting Ontario certification requires several steps. If Alberta is the same, then some of this work can be done from the states. First, your husband will need to have his credentials (university diploma and transcripts) examined for Canadian equivalence. With his equivalency and US teaching certificate he can apply to the teacher's college. They will determine if he meets Canadian standards for certification or if he will require more training. If he does, he can join (for a fee of course).

On another note, if you are only a year from getting US citizenship you might seriously consider sticking it out until you do. If you leave the US before becoming a citizen you may have a more difficult time returning should you and your family decide to move back after trying things out in Canada.

I know there is a lot to consider regarding your move. I hope I helped even if it was just to add a cautionary note about the work options/obstacles from my experience. Allison

 

[melaniefc]

Wow, that is scary....thanks for the words pf caution, I know getting a teaching job can be tough, there seems to be a surplus, but 2 things may be in my favor, I have connections in Alberta Education, my mom works there. Secondly, my husband has experience as a Correctional Educator, so if he works in the Justice system (or whatever they call it in Canada) maybe there are more jobs there...Good tip about preemptive application for his Teaching Authority in Alberta and no I will not leave here until I get my citizenship, when you battle the bureaucracy to get as far as I have, you don't stop until your status is irrevocable!!!
ps. anyone know anything about teaching jobs in corrections in Canada?

 

[Bangkokcanuck]

* Do I need the children's Proof of Citizenship before we apply?

This is the only one I can help you with. You don't need to do anything about the children as they are already Citizens other than make sure they are listed on form 5406 in section B.

You won't be applying for anything new for them and as they are already citizens they can come and go as they please into Canada so you really only have to address your Husband's status.