New Liberal Government - should I apply now or later?

[meskal1]

Hi,

I have been in Canada on a NAFTA work permit from the US since 2009 and I recently married a Canadian citizen in summer 2014. My current work permit expires fall 2016. I heard that if I apply for PR with my wife as a sponsor before Dec. 31, I would be eligible to get an open work permit while our applications are considered (hers as a sponsor, mine for PR).

However, I also heard that with the new Liberal government in place, persons applying for PR under spousal sponsorship would get automatic PR status. I have no idea when they intend to change this, but I'd like to take advantage of it without endangering my work status this fall.

Thoughts? I haven't applied for PR at all yet so looking for some guidance.

Thanks!

 

[Aquakitty]

Don't hold your breath for this automatic PR thing.

Do you have full custody of your American child and/or permission from the mom to relocate him/her to Canada?

 

[meskal1]

Hi Aquakitty,

Yes - I have full custody - kids have been here in Canada with me all this time.

Do you really think it will take that long to get this automatic PR thing going? Guess it was too good to be true

 

[Rob_TO]

However, I also heard that with the new Liberal government in place, persons applying for PR under spousal sponsorship would get automatic PR status.

No, that is not true at all. The Liberal government is just considering to remove the "conditional" part of PR which states you have to live with your sponsor for 2 years after becoming a PR. So instead of getting conditional PR, one would simply get full PR upon approval.

However the time for PR processing will stay the same.

 

[Aquakitty]

Hi Aquakitty,

Yes - I have full custody - kids have been here in Canada with me all this time.

Do you really think it will take that long to get this automatic PR thing going? Guess it was too good to be true

Yes as was said the immediate PR refers to the condition 51

"Granting immediate permanent residency to
new spouses entering Canada, rather than imposing
a two-year conditional status that puts spouses –
often women – in a position of extreme vulnerability. "


If you have everything in order with your child then I see no reason you couldn't have your PR by fall by applying outland. Most Americans get theirs in 9 months or less.

 

[meskal1]

Thanks for this advice. Would there be any issues with me applying outland even though I reside in Canada and have been doing so for the last 5-6 years? I have heard that applying outland may cause issues with my travel across the border (example - leaving Canada to visit family in the US)....

I would love to have that 9 month turnaround but definitely want to avoid any potential pitfalls....

 

[canuck_in_uk]

Thanks for this advice. Would there be any issues with me applying outland even though I reside in Canada and have been doing so for the last 5-6 years? I have heard that applying outland may cause issues with my travel across the border (example - leaving Canada to visit family in the US)....

I would love to have that 9 month turnaround but definitely want to avoid any potential pitfalls....

You can apply outland even if you are in Canada. With a valid work permit, you should have no issues re-entering Canada.

 

[krishnalynn]

Thanks for this advice. Would there be any issues with me applying outland even though I reside in Canada and have been doing so for the last 5-6 years? I have heard that applying outland may cause issues with my travel across the border (example - leaving Canada to visit family in the US)....

I would love to have that 9 month turnaround but definitely want to avoid any potential pitfalls....

There should be no issues. I think you're thinking of Inland that causes trouble leaving Canada.