HELP - American doctor married to Canadian; we want to move to Canada from US

[VMDATTA]

Hello there,

I am a Canadian born citizen and my husband is an American born US Citizen. We have been married for almost 3 years but only started living together 8 months ago. I was finishing up my residency in southern Ontario and my husband was living in Buffalo and working. I moved to US in July 2016 when I finished my residency. We currently live in upstate NY and have only recently decided to move to Canada. I have a US Green card through marriage. My husband is an American trained physician and has a contract offer to work as a physician in Canada. He wants to start working in July 2017 in Canada. This position is not research or teaching position so I don't think he qualifies under NAFTA but feel free to correct me if I'm wrong. The family sponsorship route will take longer than a couple months so we are wondering if he qualifies to get a permit through another route such as skilled worker, etc. We are not sure what direction we should go in. Any help would be highly appreciated.

Thank you very much.

 

[Aquakitty]

Hello there,

I am a Canadian born citizen and my husband is an American born US Citizen. We have been married for almost 3 years but only started living together 8 months ago. I was finishing up my residency in southern Ontario and my husband was living in Buffalo and working. I moved to US in July 2016 when I finished my residency. We currently live in upstate NY and have only recently decided to move to Canada. I have a US Green card through marriage. My husband is an American trained physician and has a contract offer to work as a physician in Canada. He wants to start working in July 2017 in Canada. This position is not research or teaching position so I don't think he qualifies under NAFTA but feel free to correct me if I'm wrong. The family sponsorship route will take longer than a couple months so we are wondering if he qualifies to get a permit through another route such as skilled worker, etc. We are not sure what direction we should go in. Any help would be highly appreciated.

Thank you very much.

That's great! We certainly can use more doctors in Canada. If he wants just a work permit to start, his employer must apply for an LMIA, unless your husband is a medical resident or fellow. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=193&top

I am sure you both would easily qualify as skilled workers, but for PR, sponsorship is likely the faster route.

In the past, US applications applying OUTLAND took about 4-6 months. That trend seems to be continuing. That is probably the route you should take as he will have his full PR in that time.

The other option is to apply INLAND after you move to Canada. Inland has historically taken much longer for Americans, over a year at the minimum. The only benefit to it is he will qualify for an open work permit through his PR application. If you apply for the work permit at the same time as the PR application, it takes at least 4 months to get. Which, (again historically) is around the time the full PR took to get outland.

I don't know if you are aware but the system changed Dec. 15 last year, so no one knows if the trends will continue or if outland processing will take longer. It doesn't seem to be at this point, but again, people using the new forms haven't yet gone through the system.

 

[VMDATTA]

Thank you so much for your reply.

Option 1. Via employer LMIA
I have just briefly looked in LMIA for employers and it seems like a big undertaking; please correct me if I am wrong. Also I think he employer would have to claim that there is no other Canadian that can do the job for which my husband is being hired for, which isn't true. In addition to that, it was a competitive job for my husband to get and he is happy the employer gave him the position, the last thing he wants to do is is burden his potential employer with a mountain of paperwork maybe causing him to change his mind. Maybe I am incorrect and it is not too onerous, please let me know if I am wrong.

Option 2. Sponsorship.
The Outland Sponsorship is a possibility but we haven't even started the paperwork and my husband needs to start this position in July 2017 (The date is somewhat flexible). I can certainly start on this application tomorrow but we are not sure if he will get his PR by July. I would have started this process earlier but we planned to go through work permit initially because we were told it was a quick process and then apply for PR status.

Option 3. Federal Skilled worker (NOC skilled class A) Express Entry
For this, my husband would have to write either CELPIP or IELTS, which he doesn't mind. I don't think this is a difficult exam. However, I don't know anything about going via this route or how long it takes.

Our goal is to have him legally eligible to work by July 2017; we can always work on his PR inland as we will most likely move in June 2017. We aren't sure what the best way to go about achieving this goal.

 

[Aquakitty]

Thank you so much for your reply.

Option 1. Via employer LMIA
I have just briefly looked in LMIA for employers and it seems like a big undertaking; please correct me if I am wrong. Also I think he employer would have to claim that there is no other Canadian that can do the job for which my husband is being hired for, which isn't true. In addition to that, it was a competitive job for my husband to get and he is happy the employer gave him the position, the last thing he wants to do is is burden his potential employer with a mountain of paperwork maybe causing him to change his mind. Maybe I am incorrect and it is not too onerous, please let me know if I am wrong.

Option 2. Sponsorship.
The Outland Sponsorship is a possibility but we haven't even started the paperwork and my husband needs to start this position in July 2017 (The date is somewhat flexible). I can certainly start on this application tomorrow but we are not sure if he will get his PR by July. I would have started this process earlier but we planned to go through work permit initially because we were told it was a quick process and then apply for PR status.

Option 3. Federal Skilled worker (NOC skilled class A) Express Entry
For this, my husband would have to write either CELPIP or IELTS, which he doesn't mind. I don't think this is a difficult exam. However, I don't know anything about going via this route or how long it takes.

Our goal is to have him legally eligible to work by July 2017; we can always work on his PR inland as we will most likely move in June 2017. We aren't sure what the best way to go about achieving this goal.

You summed it up nicely. Yes, the LMIA process can be very difficult. It depends on the position. If it's competitive, then there is no chance of it being approved. It looks like in your case, inland is the safest bet. But when he crosses the border, make sure he doesn't say he is moving to Canada, and make sure he doesn't mention having a job offer. Don't lie about it if questioned, but don't show up with a pile of household goods intending to move here.

Remember the work permit takes at least 4 months. So to get it by July might be tight. He must be inside Canada legally to get the work permit.

I don't know a whole lot about skilled workers or PNP. You can ask on the other forums about that.

 

[scylla]

1. Yes - LMIAs are very long, expensive and involved processes for the employer - and with no guarantee of approval at the end.

2. This is your best bet in terms of processing time.

3. No way processing will be completed by July if he hasn't even taken the language test yet or had his education officially evaluated. Absolute best case scenario would probably be 10 months from now. The paperwork and process for the economic stream is far more involved than spousal. It will take you significantly longer to prep.

If you apply inland, your husband will qualify for an open work permit four months after the application is received. Inland requires both of you to move to Canada before the application is submitted and then remain here. So let's say you both moved to Canada in March - he should have the OWP sometime in July. If you're moving in June - OWP will become available sometime in October.

 

[Omegabyte]

IMO, the best way to go is submitting an outland spousal sponsorship ASAP. As mentioned by others, it's taking approx 4-6 months, sometimes less. Given your backgrounds, you shouldn't have any issues. The "new" application forms are much easier to fill out than before, and the required evidence of bona fide relationship isn't as extensive. If your husband desires to be working July-August of this year, you should apply as promptly as possible.

Your husband should also take the IELTS test. For a professional with several years of post-graduate studies, it should be a breeze. It's sometimes a requirement for education or employment.

 

[Rob_TO]

In addition to that, it was a competitive job for my husband to get and he is happy the employer gave him the position, the last thing he wants to do is is burden his potential employer with a mountain of paperwork maybe causing him to change his mind.

I don't quite understand, didn't the employer know that he's a US citizen with no current authorization to work in Canada? This wasn't a discussion during the job interviews, on exactly HOW he would work if hired?

If the employer was interviewing US citizens, then they must have some expectation of the job candidates getting a visa to work here. Perhaps they are experienced in the LMIA process and are prepare to do this, or may know if the job could qualify under NAFTA. You could at least ask them.

Else the only guaranteed way to ensure he has a work permit by July 2017 is to move to Canada immediately, and then submit an INLAND PR family class application along with Open Work Permit application. Typically the OWP will be processed in approx 4 months, so should arrive before July. Then he would be free to work for any employer in Canada.

With any other route to work permit or PR status, there is absolutely no guarantee on timing. If you don't want to move here until June then your best bet is to get an OUTLAND PR app in immediately, and hope that it's approved completely before July. Of course no guarantee of this at all, and if it's not approved he won't be able to work until it is, no matter how long that takes. There is no OWP option with an outland application.

 

[scylla]

Just to add - if the job was competitive, there's no chance an LMIA will be approved. So that route is out.

 

[VMDATTA]

The employer knew is a US citizen but I don't think he has dealt with this process before and probably assumed my husband would be obtaining PR status through me. In my husbands other conversations with larger groups, they stated they would obtain a work permit for him and that it was a fairly simple process. In retrospect, these larger companies probably had LMIA already.

If my husband "moves" to Canada ASAP, he would live with me on weekends, and will be commuting to work in the US on weekdays for his job. Can we apply for both INLAND PR and Open Work permit based on this? Will this cause issues when he crosses the border since we are doing it as an inland application?

 

[Rob_TO]

If my husband "moves" to Canada ASAP, he would live with me on weekends, and will be commuting to work in the US on weekdays for his job. Can we apply for both INLAND PR and Open Work permit based on this? Will this cause issues when he crosses the border since we are doing it as an inland application?

You can't do this. A condition of an INLAND app is that the sponsor and applicant must live together IN CANADA for duration of processing. Him continuing to work in the US would complicate that and possibly lead to the PR app being rejected due to not meeting this rule.

Since inland option seems to be out, and if job doesn't qualify under NAFTA, your only realistic shot is to submit an OUTLAND pr app immediately (like drop what you're doing and start on all the forms now), and hope for the best that it's processed in 4-5 months. Note that it may take several weeks to put together all the docs necessary for the outland app.

 

[VMDATTA]

So to summarize, our options are:

1. OUTLAND PR application and hope it gets approved by July 2017. Is there any way to expedite this? If I go through an Immigration lawyer vs immigration consultant vs do the paperwork myself, does the processing time differ?

2. Express entry Federal skilled worker, with my husband writing the "english" test. After discussing this option, it seems it may take even longer and be more onerous in terms of paperwork.

However, on the Canadian immigration website the processing time for the skilled worker visa is 14 weeks (I realize this is after the tests have been written and submitted), which is much faster than the listed time for the OUTLAND/INLAND PR which it says takes 12 months. Based on these quoted time frames, the express entry seems faster. Am I missing something?

 

[canadianwoman]

I don't quite understand, didn't the employer know that he's a US citizen with no current authorization to work in Canada? This wasn't a discussion during the job interviews, on exactly HOW he would work if hired?

If the employer was interviewing US citizens, then they must have some expectation of the job candidates getting a visa to work here. Perhaps they are experienced in the LMIA process and are prepare to do this, or may know if the job could qualify under NAFTA. You could at least ask them.

I agree with this. If the employer knew he was an American with no work permit all along, and other places he interviewed at said it would not be a problem, then ask his future employers. The job may qualify under NAFTA.

 

[VMDATTA]

I wish medical doctors for the purpose of providing patient care was covered under NAFTA, but from what I have read so far, it is not. Medical doctors who intend to teach and do research are approved under NAFTA. I will call an immigration consultant tomorrow and confirm.

I just started completing the OUTLAND sponsorship application. I will be the sponsor and as for my address, I have a Canadian and a US address. My husband will use his US address. Does it matter which one I use? Is using one vs the other going to be faster?

 

[scylla]

So to summarize, our options are:

1. OUTLAND PR application and hope it gets approved by July 2017. Is there any way to expedite this? If I go through an Immigration lawyer vs immigration consultant vs do the paperwork myself, does the processing time differ?

2. Express entry Federal skilled worker, with my husband writing the "english" test. After discussing this option, it seems it may take even longer and be more onerous in terms of paperwork.

However, on the Canadian immigration website the processing time for the skilled worker visa is 14 weeks (I realize this is after the tests have been written and submitted), which is much faster than the listed time for the OUTLAND/INLAND PR which it says takes 12 months. Based on these quoted time frames, the express entry seems faster. Am I missing something?

1. No way to expedite. Processing times are the same regardless whether you do it yourself or use help.

2. Yes - it will take longer and require far more paperwork than spousal sponsorship.

Skilled Worker visa processing time of 14 weeks refers to temporary work permits (not immigrating or permanent relocations). Again, assuming your husband's job does not qualify under NAFTA, he needs an approved LMIA before he can apply for a Skilled Worker Visa. If there were several candidates for his job, the LMIA effectively has no chance of being approved (and will also take months to process). The only out would if he did in fact qualify under NAFTA and doesn't require an LMIA.

Unfortunately you're learning a bit of a lesson in doing research about relocating countries before accepting a job. Starting July 2017 may simply not be feasible and I would advise your husband to start these discussions with his future employer now. First priority should be to confirm if there's any chance the job qualifies under NAFTA. Next priority should be completing and submitting the outland application.

Good luck.

 

[Aquakitty]

Hmm, applying inland while commuting to the US... unlike outland, the requirement for inland is to live in Canada, so I'm curious how that would play out at the border. How long would he need to do this? I'd think it would be less stressful to simply quit the old job earlier.

You can get a NEXUS card which helps with the border crossings, but it's not something I would want to do. I have heard of quite a few other people doing this however. Usually with an outland app and VR.