PR Spouse sponsorship before entering Canada

[alabinnexus]

I and my kids(a son and a daughter) are Canadian Permanent resident since October 2019, but my wife. Currently we all reside in the USA. I and my wife work in H1B. We are planning to move to Canada later next year. Before that, I would like to initiate the spouse sponsorship for my wife and get the work permit for her. That will enable her to continue to work for the same employer from Canada. Or, is there a way to apply and get a work permit for my wife before we move to Canada, which will solve the purpose.

Later, after, we move in, I can initiate the spouse sponsorship.

Please let me know your thoughts. Thanks

 

[canuck78]

I and my kids(a son and a daughter) are Canadian Permanent resident since October 2019, but my wife. Currently we all reside in the USA. I and my wife work in H1B. We are planning to move to Canada later next year. Before that, I would like to initiate the spouse sponsorship for my wife and get the work permit for her. That will enable her to continue to work for the same employer from Canada. Or, is there a way to apply and get a work permit for my wife before we move to Canada, which will solve the purpose.

Later, after, we move in, I can initiate the spouse sponsorship.

Please let me know your thoughts. Thanks

You can't sponsor your spouse from the US. You will need to sponsor her from Canada, be compliant with your RO and you'll need to remain in Canada during the sponsorship process. Your only options will be for you to sponsor your spouse inland with an OWP if she can get a TRV. It will still take 4+ months to get the OWP. The other options would be to have an employer apply for an LMIA showing they can't find an employee in Canada and if LMIA is approved she can apply for a closed WP. Most employers are unwilling to go through the time and expense and WP is not guaranteed especially with the higher unemployment rate. If your wife is working for a company with offices in Canada she may qualify for an ICT if her employer is willing to transfer her to Canada.

 

[scylla]

I and my kids(a son and a daughter) are Canadian Permanent resident since October 2019, but my wife. Currently we all reside in the USA. I and my wife work in H1B. We are planning to move to Canada later next year. Before that, I would like to initiate the spouse sponsorship for my wife and get the work permit for her. That will enable her to continue to work for the same employer from Canada. Or, is there a way to apply and get a work permit for my wife before we move to Canada, which will solve the purpose.

Later, after, we move in, I can initiate the spouse sponsorship.

Please let me know your thoughts. Thanks

As said above, she does not qualify for a work permit through you while outside of Canada. Options from outside of Canada are; (1) secure a job offer from an employer in Canada + approved LMIA so that she can apply for a closed work permit; (2) if her company has operations in Canada and she meets the executive or specialized knowledge requirements, have her company process an ICT.

 

[alabinnexus]

Thanks for the replies.

I read somewhere that if my wife has a visitor visa (valid for 6 months or more) she can apply for a work permit when she is in Canada. Is it true? If so how quick the process is?

That would enable her to travel with us and initiate the process after we move in.

 

[scylla]

Thanks for the replies.

I read somewhere that if my wife has a visitor visa (valid for 6 months or more) she can apply for a work permit when she is in Canada. Is it true? If so how quick the process is?

That would enable her to travel with us and initiate the process after we move in.

No - that's not true. You are confusing TRVs and TRPs. This rule only applies to TRPs. A TRP is a special class of visa reserved for those who are inadmissible to Canada, typically due to a crime. Your wife will have a regular TRV which does not qualify for a work permit.

 

[scylla]

Thanks for the replies.

I read somewhere that if my wife has a visitor visa (valid for 6 months or more) she can apply for a work permit when she is in Canada. Is it true? If so how quick the process is?

That would enable her to travel with us and initiate the process after we move in.

As said previously, to qualify for an open work permit, you and your wife must first both come to Canada. You must then submit an inland application to sponsor her and include an OWP application with the sponsorship application (you cannot send the OWP application first, it must be sent with the sponsorship application). It will take a minimum of four months for the OWP to be processed from the time the complete application is received - right now the processing times are several months longer.