Have a few questions

[iPBnJ]

My wife is Canadian -- I am an American. We've been married for more than two years now and due to a recent change in our lives, we decided it was time to move to Canada to be closer to the wife's family. While the wife has already left for Canada earlier this week, I stayed behind to take care of a few things -- loose ends and what-nots. Once everything here is taken care of, I was hoping to go for PR so that I can move up there with the wife. The wife plans on sponsoring me, but if needs be, there are members of her family that agreed to sponsor me as well if the need comes up.

While I plan to remain in the United States for another two months, I figure I'd find a way to start getting the ball rolling for the PR. So, I have a few questions:

- While in the United States, is there anything I can do now to get the PR process started?

- Is it better to start the PR process once I am in Canada?
I have a passport that will allow me to travel to Canada, but one thing that concerns me is that last two times I've gone, I was asked by customs if I was planning on illegally moving there. Although those two times were visits, I am concern because this time I do intend on living there.

- While going for PR, will I be able to work on Canadian soil?
I have been offered a few jobs already for once I do move to Canada, plus I also have a contract for an American eBusiness that I would like to continue working with once I am in Canada.

I would really like to get this process started so that once I leave here there won't be any problems. I won't have a place to return to once I do leave.

Anyways, thanks in advance for the help, and I do apologize if I posted this in the wrong forum.

 

[CharlieD10]

You're in the right place, no worries.

To answer your questions directly:

1. - Yes, you can apply for your FBI report, it will take about 8-12 weeks to be returned to you. You can have it sent to your wife's address in Canada. See this link for instructions: http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp

You can also start reading the Guides and forms and getting an idea of what documentation will need to be completed and submitted for the application. See this link: http://www.cic.gc.ca/english/information/applications/fc.asp

2. You should begin as soon as you can, you don't have to wait until you are in Canada. Having some proof with you that you fully intend to go about residing in Canada permanently the proper way can go a long way towards making the border officers more friendly. If you can, pay the fees ($1,040 CDN) and have your receipt handy to show them you are making steps.

3. You cannot work in Canada without a work permit or being a PR. A work permit can be obtained if you have a NAFTA-eligible profession, or if one of those interested employers is willing to go through the Labour Market Opinion process to be able to hire you. Your eBusiness contract should not pose a problem, as long as you are working remotely for an American business, not a Canadian one.

4. Whatever you do, don't give the border officers the impression you have nowhere else to go if you don't get into Canada. Don't tell them you are "moving" in, you could be turned around and excluded from the country for at least a year. You are VISITING your wife, and you are visiting so you can prepare the PR application together. Show any proof of documents gathered (the receipt, if you have it, would be great, but any other documentation too). Have proof of your ability to support yourself, such as bank statements.

If you have more questions, come back and ask. There are usually folks around happy to help if they can.

 

[iPBnJ]

Alright, I have taken some time to research the links you have shown me as well as a few other things concerning immigration into Canada. I feel I am more prepared now, but I also have a few more questions to ask. I really want to make sure to get everything in order before I decide what route to take (inland or outland) or if I should prepare to remain in the states a bit longer.

Anyways, for the forms:

What the wife needs (the sponsor)
- Form IMM 1344 (Application to Sponsor, Sponsorship Agreement and Undertaking)
- Form IMM 5481 (Sponsorship Evaluation)
- Form IMM 5401 (Sponsorship Questionnaire)
- Pay any fees online and submit copy of receipt with the forms
- Any supporting documents proving she is a Canadian citizen (such as birth certificate, passport, etc)
- Proof of our relationship (marriage certificate, conversations we have over e-mails, photos of us, friend's affidavits, etc)

A few questions about the sponsor:
- Can only my wife sponsor me?
- Are there any additional forms needed if we decided to have one of her family members sponsor me instead (if allowed)?


What I need to do
- Form IMM 0008 (Generic Application Form for Canada)
- Form IMM 5669 (Background/Declaration)
- Form IMM 5406 (Additional Family Information)
- Form IMM 5490 (Spouse/Partner Questionnaire)
- FBI rap sheet (does this have to be sealed?)
- Medical examination (can this be done in Canada if I decide to go the inland route?)
- Photos of myself following the guidelines (does each of my family member need to do the same since they are not immigrating with me?)
- Pay any fees online and submit receipts of payments

A few questions
For form IMM 0008DEP (Additional Dependants/Declaration)
- Is this necessary to submit if no one else in my family is immigrating with me?
- Will I need to fill this out if I plan on having family members visit me?

For form IMM 5406 (Additional Family Information)
- Does each of my family members have to complete this? They aren't immigrating and it's a bit difficult to get in contact with any of 'em.

- Who sends the paperwork in? Should I mail everything to the wife and have her send it all in or can she mail her forms in and I mail my forms?
- Am I missing any other forms from the two lists above?


Also, a question about inland vs outland. The past few days I have been reading some of the past topics on the site concerning inland and outland applications. I understand that going the route of outland is quicker, but it will also require (I believe) an interview. I am hoping to leave for Canada by the end of November so that I can spend those next six month with the wife throughout the pregnancy. If an interview is required, will I have to return back to the states for the interview? If I were to go the route of outland, once I am in Canada do they transfer the whole application process to Canada as well?

As for my question concerning inland, I don't mind inland taking longer than outland, my only concern is work. I understand that I can still continue my contract with the American company, but what would have to happen before I am able to work in Canada? Can I apply for a work permit at anytime or do I have to wait until I get PR?

Again, thank you for reading this and responding. I am just very concern about getting all this done right the first time so there won't be any problems once our child is born.

 

[canadianwoman]

- Can only my wife sponsor me?

Yes. Other family can write a letter stating that they will help support the two of you when you first get PR, if needed, but these letters are just additional evidence you can submit with the application. They can't actually sponsor you; nor can they cosign her sponsorship of you.

For form IMM 5406 (Additional Family Information)
- Does each of my family members have to complete this? They aren't immigrating and it's a bit difficult to get in contact with any of 'em.

You complete this. List your wife, parents, any children, and all siblings/half-siblings/step-siblings. This is just extra info for the government: they're not expecting your siblings and parents to be coming with you.

- Who sends the paperwork in? Should I mail everything to the wife and have her send it all in or can she mail her forms in and I mail ...

Send everything to your wife. She sends both sets of forms in together to Mississauga.

Also, a question about inland vs outland. The past few days I have been reading some of the past topics on the site concerning inland and outland applications. I understand that going the route of outland is quicker, but it will also require (I believe) an interview. I am hoping to leave for Canada by the end of November so that I can spend those next six month with the wife throughout the pregnancy. If an interview is required, will I have to return back to the states for the interview? If I were to go the route of outland, once I am in Canada do they transfer the whole application process to Canada as well?

If there is an interview, you will have to go to the USA for it. You should have no problem getting back into Canada afterwards. They don't transfer the application process to Canada because you are in Canada - you are considered to just be a visitor.

As for my question concerning inland, I don't mind inland taking longer than outland, my only concern is work. I understand that I can still continue my contract with the American company, but what would have to happen before I am able to work in Canada? Can I apply for a work permit at anytime or do I have to wait until I get PR?

You can apply for a work permit if you apply inland, but you do not get it until well into processing, at maybe the 11-month stage. If you apply outland, you would probably have your PR by then, and once you are a PR you can work in Canada.

 

[iPBnJ]

Thank you for your reply canadianwoman. With that information, I think we may be better off going the route of inland instead of out. It seems that the wait time for my area will be 11 months, but the baby is due in six months. Don't like the idea that I won't be able to work right away, but my current contract will be renewed for sure next year.