PR of Canada,applying for spouse's work permit

[Indrayani]

Hello All,
I am a PR of Canada, living in Ontario and am a full time student as well. I work part time at the Univ. We are from India and I saw recently, that the processing time for spousal immigration have gone up to 10 months.
My husband works as the India-Manager for a Canadian company and his Canadian based boss mentioned that he was willing to offer him employment once he gets to canada.
Few months ago ( till Oct 24th to be precise), the processing times were 6 months and that was really ok ..but with the latest change, we are trying to figure out what would be the best bet to get him here in a shorter time frame.

My questions are:
1) Should we do the spousal immigration thing..and wait that long, even if its gonna pose some problems?
2) ....OR should we do the process with the employer for getting him a work permit?

I read on the CIC website today that certain people wont need the LMO...and one of them was Intra-Company transfers.
So,
3) How do I know what qualifies as that kind of a position?

Thank you all in advance for all the responses !

 

[Indrayani]

Could anyone please reply?! Any help is appreciated!

Thanks!!

-Indie

 

[Indrayani]

Its getting very hard to believe no one has an answer for me here..
I am gonna keepin BUMPING this up for a few more more days and lets see....


Please help !


-Indie

 

[davek1979]

I would try reposting this in one of the economic class forums. You might get a better answer for more knowledgeable persons.

 

[rachiy]

I am not sure about transfers, but in answer to 1 and 2, you can do both.
Once he has a work permit he can then apply for spousal PR and have that processing in the background while he is in Canada working.

Good luck

 

[Indrayani]

Thank you all for the responses....!!

 

[Sweden]

Hello All,
I am a PR of Canada, living in Ontario and am a full time student as well. I work part time at the Univ. We are from India and I saw recently, that the processing time for spousal immigration have gone up to 10 months.
My husband works as the India-Manager for a Canadian company and his Canadian based boss mentioned that he was willing to offer him employment once he gets to canada.
Few months ago ( till Oct 24th to be precise), the processing times were 6 months and that was really ok ..but with the latest change, we are trying to figure out what would be the best bet to get him here in a shorter time frame. keep in mind that it's an average, quite a few people are done quicker than that. See the new delhi thread and their spreadsheet to have an idea.

My questions are:
1) Should we do the spousal immigration thing..and wait that long, even if its gonna pose some problems?
2) ....OR should we do the process with the employer for getting him a work permit?

you could do both actually - get his employer to do a LMO for him if it will get him there quicker, and if the employer is willing to do so, and at the same time, apply for the spousal sponsorship, you can still apply outland (through India) even if your husband is living with you in Canada... the only problem is that at the end, when his visa will be issued, he will have to travel to India to surrender his passport to the embassy because it's forbidden to send Indian passports overseas. that could be an issue as it means that your husband could be away from work for a while. The other option is to get him a LMO, and once he is in the country, you could apply inland - he would not be able to leave the country for all the time of the sponsorship - 6 + 8 months total processing for inland - but he would get an Open Work permit after 6 months.

I read on the CIC website today that certain people wont need the LMO...and one of them was Intra-Company transfers.
So,
3) How do I know what qualifies as that kind of a position? I would check the economic forum because not many people on the spousal thread would be familiar with that part.

Good luck,
Sweden

Thank you all in advance for all the responses !

 

[Indrayani]

Hi Sweden,

Thanks for your response to my specific questions but there is something I would like to point out regarding the processing times. This is the second time that someone has encouragingly pointed out that the processing times are much less ( 5 months approx) , than wat the website says which is 10 months. BUT, the processing times changed just very recently-- 24th Oct 2012. Before that it was 6 months.
So, for the applicants that have mentioned the processing times as lesser have been well within the 6 months averaging time frame. I am very skeptical if in future this would be true. As for the applicants who have applied after 24th oct., its still very very soon to tell wats really going on.....

Another thing, the only reason I didnt apply from India is because I was under the impression that only Canadian citizens can apply from anywhere... whereas the PR holders have to do it in canada.

Last but not the least, I dont know what or where to find the economic forum!

Thanks for the other info and please correct me if I am wrong on the other counts....

Regards,
- Indrayani

 

[Sweden]

Hi Sweden,

Thanks for your response to my specific questions but there is something I would like to point out regarding the processing times. This is the second time that someone has encouragingly pointed out that the processing times are much less ( 5 months approx) , than wat the website says which is 10 months. BUT, the processing times changed just very recently-- 24th Oct 2012. Before that it was 6 months.
So, for the applicants that have mentioned the processing times as lesser have been well within the 6 months averaging time frame. I am very skeptical if in future this would be true. As for the applicants who have applied after 24th oct., its still very very soon to tell wats really going on.....

Another thing, the only reason I didnt apply from India is because I was under the impression that only Canadian citizens can apply from anywhere... whereas the PR holders have to do it in canada.

Last but not the least, I dont know what or where to find the economic forum!

Thanks for the other info and please correct me if I am wrong on the other counts....

Regards,
- Indrayani

Your point about the processing time is true, but even before, when it was 6 months, it was an average. It's the same for all VO... it's a percentage. For London for example, it's like that : 20% of the applications got processed within 2 months, 30% within 3 months, etc - (it's not the actual numbers, but you get the idea). So - even if the time has come up to 10 months, it's the time that it takes to complete 80% of the applications - but some do get done quicker. There is a number of weeks between the time the file arrives at the VO and the time it is opened, and that's the same for everybody. Then, once the file is opened, some cases are complicated and require more work, and more checks etc, and some are straightforward, and can be completed in a few days - hence the very short processing time. Hope it explains a little better!

I think there is a confusion about who can apply where.

If the sponsor is a canadian citizen, he can be in canada, or outside of Canada, it doesn't matter. ( if the sponsor is canadian and in canada, he can do outland or inland, if he is outside of canada, only outland). If the sponsor is a PR of canada, then the sponsor NEEDS to be in Canada during the processing of the application.

Outland and Inland doesn't refer to where the sponsor is ( or not only) but rather the applicant. In your case, you are a PR, so you have to stay in Canada during the process. However, you can choose to sponsor your husband INLAND if he is in Canada already (on a different type of visa, LMO, study permit etc), or if he is not able to be in Canada ( not from a visa-exempt country, and not able to get a visa to come), then you have to sponsor him OUTLAND ( and his VO will be either the country of nationality, or the country of residence if he has been residing somewhere else for a year). Hope it clarifies a little!

The economic forum - try here http://www.canadavisa.com/canada-immigration-discussion-board/index.php and read the different threads, there is one called "foreign workers" that might help you answer better about intra-company transfer.

Good luck,
Sweden