Family Class vs. Express Entry or both?

[utahem]

Hi.

I have dual-citizenship; my dad is Canadian but I was born in the US. My husband and daughter (almost 3 years old) are both US Citizens only.

We are interested in obtaining permanent residency in Canada (to live in BC). We had originally planned to do the family class, since we would for sure qualify with that (I think?), but I heard about Express Entry and wondered if that might be faster. My husband works online as a software developer plus he is a landlord, so we have been traveling internationally for almost 2 years.

We are planning to head up to Canada as tourists this coming week. We will be looking for a house to rent longer term, and kind of establishing ourselves there. If we need to, we can continue to have my husband and daughter be tourists by leaving the country and resetting their tourist passport stamps--if residency was not granted, we would definitely still follow all of the laws and leave. But we are actually planning to be there a lot in the future, and we would prefer to not have them be tourists, either with some kind of longer-stay visa, or by having residency in place.

So, it seems like we have a few options:
1. Family class, applying from outside Canada...but we would be applying from Utah (where we are currently, and where we left from at the beginning of our international travels a couple years ago)...so...I think the processing time would be very long. I think the upside of this would be that my husband could be granted a working permit during the processing time if we applied this way. He doesn't actually need that since he already has his online job, but it would be good to keep options open in case his situation changes over the next couple years.
2. Family class, applying from inside Canada...but this takes longer (I think??), and he would not be eligible to work in Canada in the future (during processing), is this correct? So, if his job situation changed we would need to go back to the US? (We have no particular reason to anticipate a job change at this point.)
3. Express Entry...Our English is awesome since we are native speakers, and my husband has over 10 years of experience in software development, but only an associates degree. From what I have read online, I think that having great English and lots of experience and a job from the list of EE ones means that he would likely do well in the pool and be offered an opportunity to apply with rapid processing. Is this correct? Is he likely to qualify? We were going to have him take the English test while we were in New Zealand earlier this year but ended up not doing that. There were no language tests while we were here in Utah this month, so we would have to do one after we arrive in Vancouver next week. CAN we even apply from inside Canada? We already have a scheduled trip back to Utah in July, and we have my in-laws to receive mail here in Utah for us...

Does it make sense to do both? Do people do that?

I guess one of my concerns is that having it take a really long time (years) and applying from outside of Canada would be tricky, because we are moving around a lot so I don't even know what address we would use, except for my in-laws' address here in Utah, which we have been using as our mailing address.

Also, my husband would like us to move some of our basic furniture up this week when we go. (We are flying up, and we would send it up in a pod.) I have been dragging my feet about this, so I think we may not actually do that. But we would be allowed to do this as long as it is "mine" since I have citizenship. Is that true? Or will they say hey, no way, because we are actually a family? Again to restate, we are completely interested in following all of laws, and if my husband was not granted residency we would definitely still leave, and we plan to stay in compliance with tourist time limits, etc.

What do you think?

 

[Garry2008]

Hi.

I have dual-citizenship; my dad is Canadian but I was born in the US. My husband and daughter (almost 3 years old) are both US Citizens only.

We are interested in obtaining permanent residency in Canada (to live in BC). We had originally planned to do the family class, since we would for sure qualify with that (I think?), but I heard about Express Entry and wondered if that might be faster. My husband works online as a software developer plus he is a landlord, so we have been traveling internationally for almost 2 years.

We are planning to head up to Canada as tourists this coming week. We will be looking for a house to rent longer term, and kind of establishing ourselves there. If we need to, we can continue to have my husband and daughter be tourists by leaving the country and resetting their tourist passport stamps--if residency was not granted, we would definitely still follow all of the laws and leave. But we are actually planning to be there a lot in the future, and we would prefer to not have them be tourists, either with some kind of longer-stay visa, or by having residency in place.

So, it seems like we have a few options:
1. Family class, applying from outside Canada...but we would be applying from Utah (where we are currently, and where we left from at the beginning of our international travels a couple years ago)...so...I think the processing time would be very long. I think the upside of this would be that my husband could be granted a working permit during the processing time if we applied this way. He doesn't actually need that since he already has his online job, but it would be good to keep options open in case his situation changes over the next couple years.
2. Family class, applying from inside Canada...but this takes longer (I think??), and he would not be eligible to work in Canada in the future (during processing), is this correct? So, if his job situation changed we would need to go back to the US? (We have no particular reason to anticipate a job change at this point.)
3. Express Entry...Our English is awesome since we are native speakers, and my husband has over 10 years of experience in software development, but only an associates degree. From what I have read online, I think that having great English and lots of experience and a job from the list of EE ones means that he would likely do well in the pool and be offered an opportunity to apply with rapid processing. Is this correct? Is he likely to qualify? We were going to have him take the English test while we were in New Zealand earlier this year but ended up not doing that. There were no language tests while we were here in Utah this month, so we would have to do one after we arrive in Vancouver next week. CAN we even apply from inside Canada? We already have a scheduled trip back to Utah in July, and we have my in-laws to receive mail here in Utah for us...

Does it make sense to do both? Do people do that?

I guess one of my concerns is that having it take a really long time (years) and applying from outside of Canada would be tricky, because we are moving around a lot so I don't even know what address we would use, except for my in-laws' address here in Utah, which we have been using as our mailing address.

Also, my husband would like us to move some of our basic furniture up this week when we go. (We are flying up, and we would send it up in a pod.) I have been dragging my feet about this, so I think we may not actually do that. But we would be allowed to do this as long as it is "mine" since I have citizenship. Is that true? Or will they say hey, no way, because we are actually a family? Again to restate, we are completely interested in following all of laws, and if my husband was not granted residency we would definitely still leave, and we plan to stay in compliance with tourist time limits, etc.

What do you think?

Did you try to use Online Assessment to see how many points he got to be included in Express Entry Application pool.
If he is able to get more points then it will be fast way otherwise you should look for other Options.

Guide About Express Entry
http://www.cic.gc.ca/english/express-entry/
Point that will be included for Express Entry
http://www.cic.gc.ca/english/express-entry/grid-crs.asp

 

[utahem]

Well, I tried, but after I said he hasn't taken a language test it said he didn't qualify. We planned to have him do the language test back in January but ended up making a trip for an emergency kidney stone removal surgery instead. Since we are from the US and English is our native language it had never occurred to us to have him do a language test at all until we read about EE.

 

[scylla]

Well, I tried, but after I said he hasn't taken a language test it said he didn't qualify. We planned to have him do the language test back in January but ended up making a trip for an emergency kidney stone removal surgery instead. Since we are from the US and English is our native language it had never occurred to us to have him do a language test at all until we read about EE.

He will need to complete both the language test and get the ECA (education assessment) before he'll qualify to submit his profile under EE. So you're at a minimum still several months away from the EE application being feasible.

 

[Kayaker]

1. Family class, applying from outside Canada...but we would be applying from Utah (where we are currently, and where we left from at the beginning of our international travels a couple years ago)...so...I think the processing time would be very long. I think the upside of this would be that my husband could be granted a working permit during the processing time if we applied this way. He doesn't actually need that since he already has his online job, but it would be good to keep options open in case his situation changes over the next couple years.
2. Family class, applying from inside Canada...but this takes longer (I think??), and he would not be eligible to work in Canada in the future (during processing), is this correct? So, if his job situation changed we would need to go back to the US? (We have no particular reason to anticipate a job change at this point.)
3. Express Entry...Our English is awesome since we are native speakers, and my husband has over 10 years of experience in software development, but only an associates degree. From what I have read online, I think that having great English and lots of experience and a job from the list of EE ones means that he would likely do well in the pool and be offered an opportunity to apply with rapid processing. Is this correct? Is he likely to qualify? We were going to have him take the English test while we were in New Zealand earlier this year but ended up not doing that. There were no language tests while we were here in Utah this month, so we would have to do one after we arrive in Vancouver next week. CAN we even apply from inside Canada? We already have a scheduled trip back to Utah in July, and we have my in-laws to receive mail here in Utah for us...

Also, my husband would like us to move some of our basic furniture up this week when we go. (We are flying up, and we would send it up in a pod.) I have been dragging my feet about this, so I think we may not actually do that. But we would be allowed to do this as long as it is "mine" since I have citizenship. Is that true? Or will they say hey, no way, because we are actually a family? Again to restate, we are completely interested in following all of laws, and if my husband was not granted residency we would definitely still leave, and we plan to stay in compliance with tourist time limits, etc.

What do you think?

1. Outland processing times for US applicants is usually under a year. Most applications for US applicants are processed in Ottawa, unless there are red flags such as criminal record. If you have a good solid application (no forms missing, all required documents, good proof of genuine relationship) your husband and child may have PR in a few months. There is no working permit (OWP) during the process. That is for Inland applicants only. He can physically be IN Canada while his Outland app processes - he just needs to maintain his legal status as a "visitor". He can do online work, as long as it is not for a Canadian employer or Canadian clients.
2. If he applies Inland, he will wait 27+ months. Also, I am not sure you can sponsor a child Inland. (I may be wrong, but I remember hearing something about that.) He can get an Open Work Permit after 4+ months, but he is advised not to leave Canada until he gets PR (in 27+ months) because if by any chance he is refused re-entry, his application can be cancelled because he is no longer IN Canada. For US applicants, applying Inland is really not recommended. (Why wait 27 months when you can get it done in under a year???)
3. Sorry, I don't know much about Express Entry. I don't know how quickly Express Entry can be processed, but I think most US-Canadian couples choose to apply for family sponsorship Outland, because it's usually straightforward, chances of rejection are slim (unless you really have something to worry about) and it's done within a few months.

You can import your furniture and things, but you will have to pay custom duties on everything. Depending on what you have, it may get expensive. Note that when your husband and child get PR, they can bring all their personal belongings (including furniture) into Canada duty-free.

Good luck!

 

[Garry2008]

He will need to complete both the language test and get the ECA (education assessment) before he'll qualify to submit his profile under EE. So you're at a minimum still several months away from the EE application being feasible.

Yes you are True He need A language Test although his first language is English Express Entry Required English Test for All Candidates.Family Class Sponsorship takes longer time for Process for Inland And Also for outland than Express Entry.

 

[utahem]

1. Outland processing times for US applicants is usually under a year. Most applications for US applicants are processed in Ottawa, unless there are red flags such as criminal record. If you have a good solid application (no forms missing, all required documents, good proof of genuine relationship) your husband and child may have PR in a few months. There is no working permit (OWP) during the process. That is for Inland applicants only. He can physically be IN Canada while his Outland app processes - he just needs to maintain his legal status as a "visitor". He can do online work, as long as it is not for a Canadian employer or Canadian clients.
2. If he applies Inland, he will wait 27+ months. Also, I am not sure you can sponsor a child Inland. (I may be wrong, but I remember hearing something about that.) He can get an Open Work Permit after 4+ months, but he is advised not to leave Canada until he gets PR (in 27+ months) because if by any chance he is refused re-entry, his application can be cancelled because he is no longer IN Canada. For US applicants, applying Inland is really not recommended. (Why wait 27 months when you can get it done in under a year???)
3. Sorry, I don't know much about Express Entry. I don't know how quickly Express Entry can be processed, but I think most US-Canadian couples choose to apply for family sponsorship Outland, because it's usually straightforward, chances of rejection are slim (unless you really have something to worry about) and it's done within a few months.

You can import your furniture and things, but you will have to pay custom duties on everything. Depending on what you have, it may get expensive. Note that when your husband and child get PR, they can bring all their personal belongings (including furniture) into Canada duty-free.

Good luck!

Thank you, this is exactly the information I was looking for.

Part of my confusion was that I thought we would have to apply through our closest office (Los Angeles) and they have an average processing time of 34 months! So, you can see why I thought the Express Entry program looked like it could be a better option.

I think our application will be straightforward. We really are married and I don't think we have any red flags (no criminal background).

 

[scylla]

Your file won't be processed through LA - it will be processed through Ottawa. LA is only used for problematic applications (e.g. where CIC doubts the relationship is genuine).

 

[Kayaker]

You could look for the thread for US applicants being processed through the Ottawa office and ask about recent trends in processing times.

You will send your entire app to Missisauga, and after they approve you as a sponsor, they will send your husband and child's app to an appropriate visa office. CIC decides which office, but it usually is based on the applicant's country of citizenship. Most Americans are sent to the Ottawa office for quick processing. Only problem cases are sent to L.A.. "Problem cases" would be things like suspected marriage of convenience, previous history of immigration fraud/problems, criminal inadmissibility, unaccompanying children from previous relationship(s), things like that. I wouldn't worry too much about being sent to L.A. - really unlikely if you provide all the required documentation and be completely truthful in the application. (For example, you should disclose a previous arrest even if it's been expunged from your criminal record. Having a DUI long ago won't result in a denial, but "misrepresentation" (even if it is by omission or genuine error) Will result in a denial and ban.)

Good luck!

Thank you, this is exactly the information I was looking for.

Part of my confusion was that I thought we would have to apply through our closest office (Los Angeles) and they have an average processing time of 34 months! So, you can see why I thought the Express Entry program looked like it could be a better option.

I think our application will be straightforward. We really are married and I don't think we have any red flags (no criminal background).

 

[Pakster84]

I would highly suggest applying outland. I just recently received my COPR in the mail for outland-spousal sponsorship as an american and it took just under 8 months. I have been in Canada through the whole process. Like others have said if he's able to continue working and getting paid through the US while "visiting" you, then it seems like he's not in a rush to gain an OWP through the very long inland process.

 

[utahem]

I would highly suggest applying outland. I just recently received my COPR in the mail for outland-spousal sponsorship as an american and it took just under 8 months. I have been in Canada through the whole process. Like others have said if he's able to continue working and getting paid through the US while "visiting" you, then it seems like he's not in a rush to gain an OWP through the very long inland process.

Thanks for sharing your recent experience. We will apply outland. I am curious about the idea of having him "visit" me. Since we are living together 'outland' I have to explain my plans to move to Canada when we he is approved. Does it make more sense for me to say that I am living wherever we rent and then it will be more convincing that we will all live there together? I wonder if that makes a difference? We do already own a car in Canada and we have an idea of the neighborhood we want to be in. We spent last summer there as "tourists".

 

[Pakster84]

Thanks for sharing your recent experience. We will apply outland. I am curious about the idea of having him "visit" me. Since we are living together 'outland' I have to explain my plans to move to Canada when we he is approved. Does it make more sense for me to say that I am living wherever we rent and then it will be more convincing that we will all live there together? I wonder if that makes a difference? We do already own a car in Canada and we have an idea of the neighborhood we want to be in. We spent last summer there as "tourists".

Hmm...let me see if I am understanding you correctly. Are you wondering if it's better to be living in the US or Canada before you send the outland paperwork?

If that is the case then it would help for you to be living in Canada before applying. I'm taking this from the IMM5491 (document checklist-sponsor)

"20. If you are a Canadian citizen living exclusively outside Canada, you must include proof that you intend to live in Canada with your spouse, common-law partner or conjugal partner and/or dependent children once they become permanent residents of Canada."

BUT Keep in mind plenty of people have been successful going both routes. It honestly will have to be up to you based on what works for you and your family.