Sponsored Spouse / Work Authorization

[Izzesmom]

I am a Canadian citizen and am married to a US citizen. We were married in August 2010, after the birth of our daughter, in Ontario Canada. My husband and I decided that I would stay home full time with our daughter and he would be the breadwinner for our family. The immigration process seemed complicated, at least, for me to sponsor him to move to Canada and become a PR.....so we moved to the USA and have been living here ever since. I have recently acquired my PR in the USA and my daughter has dual citizenship with Canada, and the USA.

This past year we had an unexpected death in our family, my 11 year old niece. My step father is also very ill, and my mother is taking care of him alone. We have always wanted to raise our daughter in Canada, surrounded by her Aunts, Uncles, grandparents and cousins...and also love all that Canada has to offer. It is where I was raised and really want the same cultural values for our daughter.

Upon looking into the process, again, to begin the immigration process for my husband to receive his PR in Canada, we seemed to be stumped with the same unanswered question. How long before he can begin working? If we file all the necessary paperwork, does he get a temporary work visa so he can find employment upon immediate entry to the Country? Considering he is the breadwinner, and I have no means to support him....how can we move to Canada immediately and have him start working immediately? He has already put out feelers to some companies that have expressed interest....upon him being eligible to work in Canada. I know we can file while living in the USA.....but the work question remains a mystery. If we file the paperwork, while it is processing, ( I'm assuming he would get a file number as I did in the USA while awaiting my PR approval) can we move to Canada, my husband can look for and begin working in a job to support us with a temporary work visa until his PR is approved?

The information that we have is this:
We can apply for the sponsorship from the US
With the sponsorship application we have to provide a move back date
Upon acceptance of our application the sponsorship period is two years

The questions we have are:
Can my US spouse (sponsored), work upon entry into Canada and sponsorship approval
What is the sponsoreds' status during the two year period of sponsorship

We really don't want our family to have to separate through this process....any recommendations?

Thanks for your help and Happy New Year!

 

[scylla]

If you apply using the "outland" (outside of Canada) application process, your husband will be able to work as soon as his PR visa is approved and he "lands" in Canada (enters Canada and officially becomes a permanent resident). The two years (conditional PR) doesn't apply to your husband because you have been married for more than two years and have a child together. He will not qualify for a temporary work permit while the application is being processed. If he wants to work before he has PR status, he will need to obtain a closed work permit. To obtain such a work permit, he'll need a job offer from an employer in Canada and likely an approved LMO from the employer as well (unless his occupation qualifies under NAFTA). To obtain an approved LMO, the employer will have to prove the job was advertised and no Canadian could be found to hire for the role.

Alternatively you can apply "inland" (from within Canada). You will all have to move to Canada first. Your husband will qualify for an open work permit once your application has received stage 1 approval. This is currently taking 5-6 months from the time the application is submitted.

 

[Eeriest Elk]

Curious. The PR situation sounds very similar to my own. It sounds as though filing from inside Canada is a better option.

My wife of 24 years is Canadian. Her mother in BC is increasingly in need of assistance. My recent job loss has moved a plan for three years from now up considerably. I have a stack of filled out forms for spousal sponsorship, and I am gathering documents.

Also, I am getting our kids proof of Canadian citizenship.

If I want to work in Canada sooner, the filing from inside would be prudent? So then, what do you say at the border?

 

[Izzesmom]

@scylia. First of all, thanks for your timely and detailed response. As a point of clarity, I read your post to state: We complete the Outland application (approximate processing time of a couple months with the additional 500 in 'rush' fees paid) and upon approval of the sponsorship application my husband is approved to work and a PR. I just wanted to make sure that I am reading your response correctly. We have just received somewhat conflicting and more to the point inconsistent information re the same topic/question. If this information is true we will start the application process immediately. Thanks again for your valuable insight and the best of wishes to you and yours in the new year and the years to come.

 

[scylla]

@ scylia. First of all, thanks for your timely and detailed response. As a point of clarity, I read your post to state: We complete the Outland application (approximate processing time of a couple months with the additional 500 in 'rush' fees paid) and upon approval of the sponsorship application my husband is approved to work and a PR. I just wanted to make sure that I am reading your response correctly. We have just received somewhat conflicting and more to the point inconsistent information re the same topic/question. If this information is true we will start the application process immediately. Thanks again for your valuable insight and the best of wishes to you and yours in the new year and the years to come.

I'm a little confused by some of your statements...

There is no "rush" version of the outland or inland PR applications - and there is no $500 you can pay to get your application expedited. Since your husband is from the US, I believe you can expect a total processing time of somewhere between 8 and 12 months. Hopefully someone who went through the process recently can comment on current processing times (actual experiences vs. the times stated on the web site). They may be shorter than what I've stated.

 

[scylla]

And just to add to my above response - yes, once your husband has PR he will be able to work just like any other Canadian.