Open work permit / spousal sponsorship US to Canada.

[alexmaple]

Hello,

I am a Canadian citizen living in the US and will be moving back to Canada. I am going to get married to my US partner before I move back so I can sponsor her from within Canada.
While the application is being processed, can she apply for an open work permit? And move to Canada and live with me and wait out the rest of the application? Or will that void the application now that she lives with me in Canada?

Or should we get married, then both move to Canada, her on a temporary visitor visa and she waits it out up there while I sponsor her inside Canada?

Or should we get married, then I move to Canada and sponsor her from there, and she just wait till the whole application is finished, she gets PR and comes up to live and work with me?

I'm sorry if this is confusing but the CIC website is a maze and we can't afford a lawyer.

I guess my main question is, if we get married, say next month, then in September, I move back to Canada and sponsor her, is it better for her to wait till approval for PR and move up? Or can she do open work permits and work in Canada while we wait?

Any advice would be extremely helpful.
Have a great Sunday,

-Alex.

 

[ImABule]

Hello,

I am a Canadian citizen living in the US and will be moving back to Canada. I am going to get married to my US partner before I move back so I can sponsor her from within Canada.
While the application is being processed, can she apply for an open work permit? And move to Canada and live with me and wait out the rest of the application? Or will that void the application now that she lives with me in Canada?

Or should we get married, then both move to Canada, her on a temporary visitor visa and she waits it out up there while I sponsor her inside Canada?

Or should we get married, then I move to Canada and sponsor her from there, and she just wait till the whole application is finished, she gets PR and comes up to live and work with me?

I'm sorry if this is confusing but the CIC website is a maze and we can't afford a lawyer.

I guess my main question is, if we get married, say next month, then in September, I move back to Canada and sponsor her, is it better for her to wait till approval for PR and move up? Or can she do open work permits and work in Canada while we wait?

Any advice would be extremely helpful.
Have a great Sunday,

-Alex.

Hi

The OWP is for inland applications. DON'T apply inland.

Apply outland. It's currently taking less time for US citizens to gain PR through outland than its taking to even get the OWP through inland stream.

Your spouse can come and "visit" and stay with you in Canada while your outland application is processed, she doesn't need to be outside Canada to apply outland.

 

[alexmaple]

Ok thanks for your response.
So after we get married, I should move to Canada and sponsor her from there? It says I can sponsor from outside Canada, so if I did that from the US and we are living together, does that still count as an out-land?
Or do I need to be in Canada, and her in the US?
Does anyone know the average wait time for US out-land applications?

Basically now trying to decide if I need to move to Canada after we get married, or if I should stay here and apply and we move up together. It doesn't matter for work for me, I can work here or there easily.
Would it look better on the application if I'm already there with a place to live?

 

[ImABule]

Ok thanks for your response.
So after we get married, I should move to Canada and sponsor her from there? It says I can sponsor from outside Canada, so if I did that from the US and we are living together, does that still count as an out-land?
Or do I need to be in Canada, and her in the US?
Does anyone know the average wait time for US out-land applications?

Basically now trying to decide if I need to move to Canada after we get married, or if I should stay here and apply and we move up together. It doesn't matter for work for me, I can work here or there easily.
Would it look better on the application if I'm already there with a place to live?

If you are a Canadian citizen, you can stay in the US while outland app is processed. If you do this you will need to prove intent on settling in Canada once approved.

You can also come to Canada, with her as a visitor, and apply outland from within Canada.

It takes 2-4 months for most cases currently.

 

[alexmaple]

Thanks again!

What do they require as proof?
Would it just be easier for me to move after we're married and apply while she is in the US?
Then she can just come visit and when its approved, move?

 

[ImABule]

Thanks again!

What do they require as proof?
Would it just be easier for me to move after we're married and apply while she is in the US?
Then she can just come visit and when its approved, move?

Yes, having you apply while already living in Canada is a lot easier.

Again, she can come as a visitor to Canada, and then you can submit the outland application while already having both of you here in Canada. If it takes longer than 6 months she can apply for an extension of her visitor status.

She doesn't have to be physically outside Canada for you to file outland...

 

[alexmaple]

thank you,

i only ask because we might not be able to afford for her not to work for 6 months while she waits, and if it takes forever to get an OWP while she is waiting with me in Canada, then it makes more sense for us financially for me to move to Canada, then apply, and she can continue to work in the States until she gets PR. Then we'll both have more money saved and I'll have a place in Canada already.
It sounds like having proof on intent to move wont be that hard, but we don't have kids and I'm self-employed (would be nice to be fully set-up while we wait), so maybe its just easier for me to move and apply. We currently live in New York State so it'll be easy for us to visit during the application process.

thanks again for all your help.

Can't wait to go back to sweet home, TORONTO!