Canadian Spouse: work permit + permanent residence at Quebec

[luisluis]

Hi all,

Let's consider this situation:

• Spouses: canadian women, foreigner men.
• He can apply for a work permit by employer who will get Labour Market Impact Assessment (LMIA) easy.
• He resides physically and legally in Spain
• He have a temporary visitor visa (the one for tourist)
• Wife living in Quebec

He is moving there, and will have the work permit but also could get permanent residence.

Main question:
Can the foreigner apply for work permit while visiting her wife in Quebec?

I know that if he weren't married, he should apply from out of Canada, not being in any of the exceptions.
Getting the work permit in Canada would require to go out and back. The foreigner have USA tourist visa.

But he could also apply for permanent residence.
He plans to do so, and apply from outside, given his legal residence is still out of Canada.

Question:

• Can he apply to the permanent residence from outside of Canada?
• Should he apply already, even before having the work permit approved?

Thank you for your help

 

[Gregor.Samsa]

Check this out:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Note Quebec has his own rules for inmigration.

Questions
Applying for WP inside Canada? I guess so.
Applying for PR outside Canada? Yes, or inside.
Apply before WP? YES!!!

Ino fact, after apply for spouse PR you can request a SOWP, no need of LMIA for it.

 

[luisluis]

Thank you, Gregor!

But I've been told –by an soon-to-be immigration advisor– that ∫submitting the permanent residence application before the work permit, it may look bad, and end up being rejected.

Have you heard about that?

I also read about asking for a Open work permit while the permanent residence is being processed, thanks.

best to all!

 

[Gregor.Samsa]

I never heard that, I'm not a expert, but doesn't makes sense for me.

I can see NOT reason you shouldn't apply for Spousal PR right away (if you're eligible, of course)

Anyways temporary WP with LMIA is a good way to come here but I can't see a reason for delay PR application, specially knowing how long will take.

In fact, as say, if you're eligible for Spousal PR you have a great opportunity to apply for a SOWP, Spousal Open Work Permit ( I don't know how long will take)

I believe better option is to keep open all your chances, getting a working with LMIA and applying for PR

I guess your priority is to live both here so LMIA WP is the faster way



Processing time
http://www.cic.gc.ca/english/information/times/

PR outside 17 months
PR inside 26 months, but can apply for WP after 17 months

WP from Canada or Spain 1 month.
Plus LMIA preparing application and processing, see:

http://www.canadavisa.com/canada-immigration-discussion-board/lmia-application-processing-time-t235591.0.html



So, my suggestion is go for LMIA/WP as soon as possible to be able to start to work and apply for PR the sooner the better, but if you want to wait until LMIA/WP (3 months minimum) is up to you, not a big deal anyways

 

[luisluis]

Thank you

 

[Gregor.Samsa]

You're very welcome