Fastest process to work visa - Canadian spouse

[andrews65]

Hi - my wife is a Canadian citizen, I'm a Brit, and we currently live in the UK. My wife has a good chance of being offered a position in Canada, and if so we will likely emigrate in May 2016. I've not been looking at the work / sponsorship / permanent residency situation for me until today and I'm a bit confused.

Can someone give an indication of the best process for me to be able to work as soon as possible after we move to Canada, and what the likely timescales (e.g. processing times) might be?

thanks very much.

 

[canadausa#11]

To work as soon as possible I guess would be inland spousal sponsorship, you would likely get a work visa after 4 months. But many people opt for outland as you get full PR (in most cases) quicker than you get PR through inland. But with outland you don't get the work visa after 4 months, you have to wait till you're a PR. Theres a London spreadsheet on here where you can look at the length of time it is taking to get PR through the London VO

 

[canuck_in_uk]

If you apply inland, you can't submit your app until you get here in may and wouldn't get an OWP until around September. It would then be 1.5-2 years until you would become a PR, during which time you are advised to not leave Canada.

However, if you submit an outland app ASAP, you will most likely be a PR by the end of the year. London averages around 8 months.

 

[Drkdd]

If you apply inland, you can't submit your app until you get here in may and wouldn't get an OWP until around September. It would then be 1.5-2 years until you would become a PR, during which time you are advised to not leave Canada.

However, if you submit an outland app ASAP, you will most likely be a PR by the end of the year. London averages around 8 months.

Hello,
We have filed or case through NDVO that is from India and my husband is a Canadian citizen. Our file has reached CIC on 12 th January and we have filed for a Outland application. I wish to visit my husband so I am planning to go on a visitors visa. So can I file for a work permit after i land there ???

 

[Drkdd]

If you apply inland, you can't submit your app until you get here in may and wouldn't get an OWP until around September. It would then be 1.5-2 years until you would become a PR, during which time you are advised to not leave Canada.

However, if you submit an outland app ASAP, you will most likely be a PR by the end of the year. London averages around 8 months.

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Also if I want to study during my period of visitor visa. What is the procedure ? Can you please guide?

 

[Rob_TO]

Hello,
We have filed or case through NDVO that is from India and my husband is a Canadian citizen. Our file has reached CIC on 12 th January and we have filed for a Outland application. I wish to visit my husband so I am planning to go on a visitors visa. So can I file for a work permit after i land there ???

No, you don't qualify to work until your app is completely approved and you land as a PR.

As a visitor you can only take school courses that would be completed in less than 6 months. Anything longer and you need a study permit.

 

[scylla]

i

Also if I want to study during my period of visitor visa. What is the procedure ? Can you please guide?

If the entire duration of the program is six months or less - you can study with visitor status. Otherwise you need to apply for a study permit.

 

[andrews65]

So my wife has now been offered the position in Toronto, and we need to decide in the next few days whether we'll accept, and plan our move to Canada.
If we decide to move I definitely don't want to go the Inland route, as I don't want to be tied to not leaving Canada for a lengthy period. Which leaves the Outland process ....

I'm not clear on what our optimal strategy is here. The likely timescale is that my wife will leave the UK to start her new job on Toronto in June or July. Given this, I have several questions:

Should we apply for sponsor approval and outland sponsorship now? Or wait.. if so until when?
After my wife (and daughter) move will I be permitted to live with them in Toronto until the outland process completes?
If the above is yes, will I need a special visitor visa or ETA?

Any advice on these is appreciated!

 

[canuck_in_uk]

Should we apply for sponsor approval and outland sponsorship now? Or wait.. if so until when?
After my wife (and daughter) move will I be permitted to live with them in Toronto until the outland process completes?
If the above is yes, will I need a special visitor visa or ETA?

Any advice on these is appreciated!

Yes, you should apply now.

You can visit them while the app processes. You cannot live in Canada until you become a PR.

No, there is no special visa and the eTA requirement has been extended until sometime in the fall.

 

[andrews65]

Thanks for the reply Canuckintheuk.

I'm still not sure about a few things:

If we apply now while my wife is still a UK resident, is it acceptable for the re-establishment plan to show that she will return to work in Canada in June or July, then I will follow when my PR is granted? I thought I read that the re-establishment plan needed to show the plan for us returning together, implying she'd need to wait with me in the UK until my PR was granted.
Also, I do intend to visit Canada while waiting for my PR, and wondered if there are there any potential repercussions if I leave Canada (e.g. after a six month limit is up) then immediately return as a visitor if my PR is still pending?

 

[Rob_TO]

If we apply now while my wife is still a UK resident, is it acceptable for the re-establishment plan to show that she will return to work in Canada in June or July, then I will follow when my PR is granted? I thought I read that the re-establishment plan needed to show the plan for us returning together, implying she'd need to wait with me in the UK until my PR was granted.

She can return to Canada whenever she likes. When she returns to Canada it's actually even easier since then there would be no need to show intent to relocate.

Also, I do intend to visit Canada while waiting for my PR, and wondered if there are there any potential repercussions if I leave Canada (e.g. after a six month limit is up) then immediately return as a visitor if my PR is still pending?

You don't even need to leave Canada. You can pay a $100 fee and apply online to extend your visitor status while in Canada, and usually you'll get an additional 6 or 12 months easy.
Or you can exit Canada and return immediately to reset your status for free. In this case you would want to bring proof of your PR app in progress.

 

[canadianwoman]

The re-establishment plan does not have to show that the two of you will come to Canada together. It does have to show that the two of you will be living in Canada together once you get your PR. But your wife can go back in June or July, and you can follow once you get your PR visa. You could also go with her, and enter Canada as a visitor.

If she does submit the sponsorship application before she moves back to Canada, she has to include proof that she will be relocating to Canada. However, because she actually is doing so, this should be easy: show proof of her job offer, and the return ticket, and maybe something showing the rest of the family is moving too. Because she will be resettled in Canada by the time they process your application, she does not need to provide as much proof as is often recommended or needed. Once she is settled in Toronto, she can send proof she is back in Canada to the visa office to be added to your file.

 

[andrews65]

@canadianwoman ... We'd want to submit the application immediately. My fear is that is too far in advance for us to put any meaningful proof of how we will live together once I'm granted PR, which might not be until next year. What evidence that "the rest of the family is moving too" would be acceptable to CIC when that move may not happen until 2017?

 

[canadianwoman]

The applicant does not have to submit proof he or she will be moving to Canada. This is just assumed. Occasionally the visa officer gets suspicious that the applicant does not in fact want to live in Canada, and will ask for proof then.

The sponsor, if she is living abroad, has to provide proof she will move back to Canada when the applicant gets the PR visa. Since your wife will in fact be living back in Canada soon, she 1. doesn't have to send in as much proof - often people are forced to send in things like proof of job searches, proof they contacted realtors, etc. - since she has concrete proof, such as proof of a job and an airplane ticket; and 2. she can later send in additional proof that she has re-established herself in Canada to be added to your file.

 

[andrews65]

Thanks for the replies.

A different, but related question - we have a daughter who was born to my wife and me here in the UK. My wife is a Canadian citizen and was born in Canada... so my daughter is also a Canadian citizen, correct?