hipster said:
thanks for your help btw...
Are you saying it takes more than 4 months to get the 'open work permit' when you apply for it with your PR application? I've seen people talking about how they got it quite quickly...
the point is that she simply cannot afford to wait months on end for a work permit when she could be working in the US while waiting on the work permit. As I said, we are not as concerned with processing time for the PR than for her ability to work here.
From the CIC site:
Use this application if:
you are the spouse or common-law partner of a Canadian citizen or permanent resident,
you want to apply for permanent residence and
both you and the sponsor live in Canada.
If you do not live in Canada, DO NOT use this form.
and
Officers will issue open work permits to SCLPC applicants if they meet the following requirements:
a PR application has been submitted under the SCLPC class;
a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;
the SCLPC applicant resides at the same address as the sponsor; and
the SCLPC applicant has valid temporary resident status (as a visitor, student or worker).
If she is living and working in the US, that is not living in Canada.
Please go read numerous threads on the subject, even if the permit takes only one month, she is supposed to be IN Canada during the process. If you want to risk it, go ahead. The average for the pilot programme work permit seems to be 2 to 5 months.
She could just keep working in the US until you she gets the PR with the outland application, with no problems. If you want to wait up to 2 years for PR and all the benefits then that is your choice. It's not a bad choice, it's just one I am happy we didn't pick since the PR is far more valuable to us than the work permit. If you don't feel that is the choice you want to make, then that is fine, as long as you realise the differences. It is easier for Americans to work across the border and come to Canada when they want, that is why it does not make sense for most of them to go the inland route.