Canadian with American wife question

[tinpanalley]

Hi everyone,
I'm a Canadian citizen and have been living in the US for 8 years. I am planning on moving back to Canada with my American wife. We know that there is a process to go through to get her started on her Permanent Residency but because that will take 11 months to process, is there any way in which she can be given permission to work on arrival or soon thereafter? 11 months would be a long time to go with only one income.

Other things to consider if you can help out...
- I was originally from Ontario but we'd be moving back to Quebec.
- She wants to start her Masters degree there. How would that affect her possibility for employment?

Thanks!

 

[scylla]

I've only got a bit of time right now so I'll answer one question and leave the rest to others.

If your wife wants to study in Canada before she has PR status, she will need a study permit. She should take a look at the tuition rates for foreign students - they are substantially more than tuition rates for Canadians. She can work on campus (job at the university) as soon as she starts school. She will be eligible to apply for an off campus work permit after completing six months of full time studies. The processing for the off campus work permit will take another six week. With the off campus work permit - she will be limited to working 20 hours per week.

 

[tinpanalley]

If your wife wants to study in Canada before she has PR status, she will need a study permit

Ok, thanks. That answers one question. So then let's assume that she doesn't want to study before getting PR status. Is there any condition under which she can be given a work permit BEFORE the PR status is awarded?

 

[Stumpedmom]

As for a work permit, if she can find an employer who can hire her, there is a long process involved with that, she may be able to apply for a work permit. Other than that, there is not much else that you can do. Are you looking at doing an inland or outland application?? If you are a Canadian Citizen, you can always apply outland, and stay in the US while it is processed, as long as you can show CIC that you are going to move to Canada when it gets approved...

 

[tinpanalley]

Really? I was under the impression that if we were both living in the US, that we couldn't begin the process of applying without her actually being in Canada. Doesn't she have to enter the country for all the process to begin after applying?

 

[Stumpedmom]

If you are doing an outland application, she is not supposed to be in Canada during processing, other than visits. As you are a Canadian Citizen you can be with her in the US during the process...

 

[CharlieD10]

A Canadian citizen may reside anywhere in the world while sponsoring their spouse, however they must provide clear proof they will return to Canada to resettle when their spouse is approved for PR.

You wife may visit with you in Canada while an Outland application is processing, or else get a work permit or study permit. Please see scylla's previous notes regarding the cost of international studies.

For a work permit, she either needs to have a NAFTA-eligible occupation, in which case she can apply for a work permit at the border when you are crossing, or if she does not have an eligible occupation she must find an employer willing to go through the Labour Market Opinion process in order to qualify to hire her. This must be done before she comes to Canada.

 

[tinpanalley]

For a work permit, she either needs to have a NAFTA-eligible occupation, in which case she can apply for a work permit at the border when you are crossing, or if she does not have an eligible occupation she must find an employer willing to go through the Labour Market Opinion process in order to qualify to hire her. This must be done before she comes to Canada.

Ok, so then there is definitely no way other than through an employer or NAFTA-recognised profession to get a permit. What about the "Open Work Permit"?

 

[scylla]

In your situation she will only qualify for an open work permit if you apply for PR inland - and she won't qualify until the 11 month mark.

 

[tinpanalley]

In your situation she will only qualify for an open work permit if you apply for PR inland - and she won't qualify until the 11 month mark.

Forgive me if I'm wrong but isn't the Open Work Permit made available for inland applicants precisely so they CAN work while waiting?
"Spouses or common-law partners of Canadians who are the subject of an approval-in-principle in an application for inland spousal sponsorship."

 

[KJG]

Forgive me if I'm wrong but isn't the Open Work Permit made available for inland applicants precisely so they CAN work while waiting?
"Spouses or common-law partners of Canadians who are the subject of an approval-in-principle in an application for inland spousal sponsorship."

yes...but the AIP -approval-in-principle takes a minimum of 11 months right now therefore your spouse cannot work

 

[scylla]

Forgive me if I'm wrong but isn't the Open Work Permit made available for inland applicants precisely so they CAN work while waiting?
"Spouses or common-law partners of Canadians who are the subject of an approval-in-principle in an application for inland spousal sponsorship."

Yes - but not until after first stage approval (AIP). First stage approval is currently taking 11 months to complete:

http://www.cic.gc.ca/english/information/times/perm-fc.asp

 

[tinpanalley]

So at this moment, first stage approval is taking as long as it would take to get her residency approved. Seems kind of pointless then.

 

[Stumpedmom]

That is why, as a Canadian Citizen, I personally would recommend applying outland, staying where you are with your wife, and keep working where you are to have the two incomes...

There are 2 different ways of applying Inland and Outland...

 

[Isometry]

So at this moment, first stage approval is taking as long as it would take to get her residency approved. Seems kind of pointless then.

Right. It could be useful if she was from a country that had a longer processing time, but for US citizens applying outland is pretty much always better.