Express entry Application filling concerns

[Dk26]

in my case, i live in USA (on H1b Visa) and my wife lives in Canada and she is Canadian PR.
while filling express entry to get PR for me, CIC system asks ""Does your spouse or partner plan to come with you to canada" whereas in my case, my wife is already in Canada on PR status. so here what should i fill (yes or no)?
if i say yes, then system asks me about her IELTS score which we do not have rt now because she gave exam three years back.
if i say no then CIC system says that i am not being eligible for express entry program, though i do have 5 years experience in my field (software developer), plus master of science
from USA and i do have IELTS score 6.5.

suggest me how can i solve this?
Thanks,
DK

 

[TomasX90]

in my case, i live in USA (on H1b Visa) and my wife lives in Canada and she is Canadian PR.
while filling express entry to get PR for me, CIC system asks ""Does your spouse or partner plan to come with you to canada" whereas in my case, my wife is already in Canada on PR status. so here what should i fill (yes or no)?
if i say yes, then system asks me about her IELTS score which we do not have rt now because she gave exam three years back.
if i say no then CIC system says that i am not being eligible for express entry program, though i do have 5 years experience in my field (software developer), plus master of science
from USA and i do have IELTS score 6.5.

suggest me how can i solve this?
Thanks,
DK

You're the primary applicant/the only applicant so she doesn't need IETLS. Technically speaking she's not coming with you to Canada since she's already there so put No. If you have at least 1 year of Canadian work experience then you do qualify under CEC stream. Hope it's clear.

 

[devnill]

Why not just do spousal sponsorship?

 

[TomasX90]

Why not just do spousal sponsorship?

cuz it takes way longer

 

[devnill]

cuz it takes way longer

But at least you don't have to worry about ITA. With IELTS 6.5 and no Canadian experience, it's very unlikely he will have enough points for ITA in the next while.

Depending on where he is from, an outland spousal application can be processed within 12 months.

 

[TomasX90]

But at least you don't have to worry about ITA. With IELTS 6.5 and no Canadian experience, it's very unlikely he will have enough points for ITA in the next while.

Depending on where he is from, an outland spousal application can be processed within 12 months.

Totally agree. I assumed that he has 5 years of work experience in Canada. If he has enough points to get ITA, then go for EE. If he doesn't, check the processing time for his country of origin and then you can decide to apply either inland or outland.

Anyway if he has a Master Degree from the US, he should be able to score way higher in IELTS.

 

[jes_ON]

in my case, i live in USA (on H1b Visa) and my wife lives in Canada and she is Canadian PR.
while filling express entry to get PR for me, CIC system asks ""Does your spouse or partner plan to come with you to canada" whereas in my case, my wife is already in Canada on PR status. so here what should i fill (yes or no)?

You have to put "no". "Accompanying" specifically means to immigrate with you. Per the Ministerial Instructions,

“accompanying spouse or common-law partner”, in respect of a foreign national, means the foreign national’s spouse or common-law partner who is accompanying him or her to Canada and who is not a Canadian Citizen or a permanent resident."

http://www.cic.gc.ca/english/department/mi/express-entry.asp


if i say yes, then system asks me about her IELTS score which we do not have rt now because she gave exam three years back.
if i say no then CIC system says that i am not being eligible for express entry program, though i do have 5 years experience in my field (software developer), plus master of science
from USA and i do have IELTS score 6.5.

If you think you should be eligible under the Federal Skilled Workers program, you need to have your Educational Credentials Aessessment (ECA) done before you can submit your profile.

Review the eligibility criteria.
http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

 

[Dk26]

Tomasx90 & devnill

thanks for your reply.
I am indian citizen and living in USA on work permit. i want to move to canada quickly asap i can. i do have 5 years experience in USA, not in canada. i studied in INDIA and In USA, not in canada.
let me know now what do you suggest?
Thanks,
DK

 

[JK_CAD]

I would go for spousal PR sponsorship. Once your application is accepted, apply for BOWP (bridging open work permit) which processes much faster then PR application. Once your BOWP is approved, you can land in Canada. This can save you lot of unnecessary efforts and money.

If you want to go express entry way for PR then you have to do ECA and look for the how much points you can get based on your current scenario.

 

[devnill]

I would go for spousal PR sponsorship. Once your application is accepted, apply for BOWP (bridging open work permit) which processes much faster then PR application. Once your BOWP is approved, you can land in Canada. This can save you lot of unnecessary efforts and money.

If you want to go express entry way for PR then you have to do ECA and look for the how much points you can get based on your current scenario.

1. You cannot apply inland if you are outside Canada.
2. Attempting to enter Canada as a visitor with the intent of making a PR application may have problems.
3. Outland spousal sponsorship applications do not qualify for BOWP, however you can move as a visitor after your spouse has been approved as a sponsor (takes approx 2 months from application submission). You won't be able to work.

CIC are quoting 15 months for outland applications in the USA, 19 months for India. A long wait for sure, but maybe a better idea than waiting for ITA, especially if your points are under 450.

The other alternative is to apply for jobs in Canada and attempt to get LMIA.

 

[Dk26]

JK_CAD,
i do not think so i will be eligible for BOWP being out side of canada.
it is helpful for those who live currently in canada. i read this blog, http://www.canadavisa.com/bridging-open-work-permit.html
let me know if i am misunderstanding here.


Thanks,

 

[cococly]

Tomasx90 & devnill

thanks for your reply.
I am indian citizen and living in USA on work permit. i want to move to canada quickly asap i can. i do have 5 years experience in USA, not in canada. i studied in INDIA and In USA, not in canada.
let me know now what do you suggest?
Thanks,
DK

Immigration into Canada doesn't work that way, unless you apply for refugees status (depending on your personal background, and Nationals from India wouldn't easily be considered since there are no open armed conflicts,etc)

Express entry takes at least 6 months (from ITA), but your CRS score would be too low to have ITA.

You have no ties with Canada, except, of course you have a spouse who is a Canadian PR. You can go through the spouse sponsorship stream, but that route takes even longer.

The former Conservative Government introduces many barriers for spouse sponsorship to prevent frauds (way too many people were doing it). I have heard that you would be given an Open work permit (yes, NOT directly getting PR) for 2 years, then you will get your PR, upon fulfilling some requirement

 

[Dk26]

COCOCly,

i read about open work permit (BOWP) on CIC site which is not available for those who live out side of Canada. so i m not sure that how can i be with my wife in Canada while my pr application in process ?
any idea?
Thanks,

 

[cococly]

COCOCly,

i read about open work permit (BOWP) on CIC site which is not available for those who live out side of Canada. so i m not sure that how can i be with my wife in Canada while my pr application in process ?
any idea?
Thanks,

NO, you applied though "spouse sponsorship", the Canadian govt would do all sorts of vetting and checks, once they approved your application, you would be issued with a status (NOT PR), similar to a Open work permit.

After you have maintained that status for 2 years+ (don't quote me on this, but it's not far off), and the Canadian Government is satisfied that your marriage is indeed authentic, then you can apply for PR card.

Some basic requirements during those 2 years:

1. you have to be living with your spouse.
2. there could be undercover agents suddenly asking either one of you about any personal questions between you two (what's the color of his/her toothbrush, what did you do last Xmas with his/her?)

 

[TomasX90]

COCOCly,

i read about open work permit (BOWP) on CIC site which is not available for those who live out side of Canada. so i m not sure that how can i be with my wife in Canada while my pr application in process ?
any idea?
Thanks,

You're only eligible for a BOWP if you're in Canada, you received ITA, submitted your PR application, received AOR and your application passed a completeness check.