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falling through cracks in immigration

jasspatola

Newbie
May 26, 2010
3
0
Here is the deal. I am Married to a Canadian since January. I am a American. I want to be able to work here and support my wife. Here is the situation though. She has no income asides from child support for her 6 kids , I will be bringing in the income( as she has been and is a stay at home mom for 19 yrs now) after i can get employed. Everywhere we turn we have been given a different story on whether or not she can sponsor me as I will be the one earning the income or even if I can get a temporary work visa and at least be able to work for now while we sort out my status. Lawyers are expensive,and not an option as we cannot afford it and we are trying to do the best we can. She doesn't qualify for legal aid,she makes too much with her child support they allow for 4 kids not 6 and she is over their guide lines limits) and if i go down to the states I am not sure what i could do from there. Any advice would be appreciated.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
As long as she is not bankrupt or on social assistance, she can sponsor you. They will ask about her income but not deny sponsorship because of it.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

jasspatola said:
do you think I would be able to get a temporary work visa while that is in progress?
No, if she sponsors you "in-Canada" you won't get a work permit until first level approval, about 6/7 months into the process. if she sponsors you out of Canada, you will have to wait until your PR visa is issued, about 6-12 months after the application and sponsorship are submitted to Mississauga. http://www.cic.gc.ca/english/immigrate/sponsor/index.asp
 

britincanada

Hero Member
Apr 15, 2010
570
21
Hamilton Ontario Canada
Category........
Visa Office......
LONDON
Job Offer........
Pre-Assessed..
App. Filed.......
01-06-2010
Doc's Request.
WAIVED
AOR Received.
31-07-2010
File Transfer...
29-06-2010
Med's Done....
22-03-2010
Interview........
WAIVED
Passport Req..
26-08-2010
VISA ISSUED...
26-08-2010
LANDED..........
29-09-2010
PMM said:
Hi

No, if she sponsors you "in-Canada" you won't get a work permit until first level approval, about 6/7 months into the process. if she sponsors you out of Canada, you will have to wait until your PR visa is issued, about 6-12 months after the application and sponsorship are submitted to Mississauga.
Depends on where in America you are from and which Visa office you would apply to outland it can take anywhere form 3 months to 18 months to process. If your partner receives Canada child tax Benefits (CCTB) then yes she can sponsor you, as long as the government is not paying for her food, housing, medicals etc.. anything other than Disability is not allowed. As for the work visa, you are allowed to hold a work visa while your application is being processed.
 

sogwap

Hero Member
Feb 18, 2010
200
6
123
Indiana
Category........
NOC Code......
0213
Job Offer........
Pre-Assessed..
Unless you have special work skills, and find an employer that wants to hire you because they can not find a Canadian to do the job, you can not work here in Canada.

Your best best is to have your wife sponsor you and apply for PR Outland, and work in the States. After you become a PR (average 6 months or more after you apply), you can then work in any field that you can find a job.

Unless you have work skills that fall under the NAFTA agreement. Getting a job here in Canada is unlikely as it requires a LMO from the Canadian government, that employer must file for which takes 4-8 weeks obtain.

Unfortunately being married (to a Canadian) gives you NO special privileges other speeding up the PR process.
 

jasspatola

Newbie
May 26, 2010
3
0
Depends on where in America you are from and which Visa office you would apply to outland it can take anywhere form 3 months to 18 months to process. If your partner receives Canada child tax Benefits (CCTB) then yes she can sponsor you, as long as the government is not paying for her food, housing, medicals etc.. anything other than Disability is not allowed. As for the work visa, you are allowed to hold a work visa while your application is being processed.
Well we would actually be applying from in Canada for her sponsoring me. Right now I am in the midst of filling out past history etc. So after it is initially filed etc I would be able to apply for a work visa or would the pending app be good enough to allow me to work till I get final approval?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

jasspatola said:
Well we would actually be applying from in Canada for her sponsoring me. Right now I am in the midst of filling out past history etc. So after it is initially filed etc I would be able to apply for a work visa or would the pending app be good enough to allow me to work till I get final approval?
1. You know that you can apply as an "out of Canada" spousal applicant while residing in Canada? It will probably be faster through Mississauga and Buffalo than Vegreville.
2. If you apply in Canada as a spousal applicant, you include a request for an open work permit with your application. You will not get the approved work permit allowing you to work until you receive first stage approval, 6/7 months into the process. If you have no criminal problems, Buffalo processes spousal applications in 4-10 months for 80% of their cases, plus 45 days in Mississauga for approval/refusal.