Sponsoring a Spouse Living in the US?

[picktang]

Hi,

My husband resides in Hawaii, and is currently living and working there until our wedding reception in October (we had our actual civil ceremony earlier this year). I'm wondering if I should be sponsoring him under the Family Class, or Spouse Class? On the Canada.ca site, it states: "You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada and has temporary resident status." - does that mean I can't use the Spouse Class since my partner does not lives with me right now? I'm also hoping to apply for an Open Work Permit at the same time for him.

Also, for the application, will my husband be required to live in Canada as we wait for our application to go through? Or is he okay to live and work in Hawaii until everything has been approved?

Thanks!

 

[ashpash22]

Yes it’s under Family Class but it’s a Spousal Sponsorship. He can stay in Hawaii and you can apply as an Outland application but if you want to apply Inland to get a work permit while you wait, he needs to come live with you in Canada.

 

[picktang]

Yes it’s under Family Class but it’s a Spousal Sponsorship. He can stay in Hawaii and you can apply as an Outland application but if you want to apply Inland to get a work permit while you wait, he needs to come live with you in Canada.

Thanks! So are there no scenarios where my husband can work immediately once he gets to Canada without a long wait? If we put in his PR application this week, he'll probably be able to work in Canada about a year from now. If he moves here now and puts in an Open Work Permit with the PR application, he'll probably have to wait about 3-months.

Also, I read somewhere that once we put in an application for his Open Work Permit he can't leave (or shouldn't leave) Canada until it's approved. Is that true?

Thanks!

 

[canamconnect]

Thanks! So are there no scenarios where my husband can work immediately once he gets to Canada without a long wait? If we put in his PR application this week, he'll probably be able to work in Canada about a year from now. If he moves here now and puts in an Open Work Permit with the PR application, he'll probably have to wait about 3-months.

Also, I read somewhere that once we put in an application for his Open Work Permit he can't leave (or shouldn't leave) Canada until it's approved. Is that true?

Thanks!

Your best bet is to apply outland as this process is faster than applying inland.

Outland apps are processing at approximately 6 months or so while inland is running about 11-15 months (longer in some cases depending on the situation). Also once approved he can work here the second he gets here basically.

 

[ashpash22]

Thanks! So are there no scenarios where my husband can work immediately once he gets to Canada without a long wait? If we put in his PR application this week, he'll probably be able to work in Canada about a year from now. If he moves here now and puts in an Open Work Permit with the PR application, he'll probably have to wait about 3-months.

Also, I read somewhere that once we put in an application for his Open Work Permit he can't leave (or shouldn't leave) Canada until it's approved. Is that true?

Thanks!

Yea unfortunately it’s a wait no matter what.

Yes, if you apply Inland you aren’t really supposed to leave at all. You can, but it’s possible that if border security doesn’t allow you to re-enter then your application is abandoned.

 

[picktang]

Your best bet is to apply outland as this process is faster than applying inland.

Outland apps are processing at approximately 6 months or so while inland is running about 11-15 months (longer in some cases depending on the situation). Also once approved he can work here the second he gets here basically.

Great - thank you! If he is applying Outland, can he still come to Canada while the application is being processed? Or does he need to remain "Outland" while everything is being processed? I'm guessing as a US citizen it would be fine for him to spend part of that time in Canada too?

Thanks!

 

[canuck_in_uk]

Great - thank you! If he is applying Outland, can he still come to Canada while the application is being processed? Or does he need to remain "Outland" while everything is being processed? I'm guessing as a US citizen it would be fine for him to spend part of that time in Canada too?

Thanks!

Yes, it's fine for him to come to Canada as a visitor while the app processes.