UK Spouse sponsorship and work permit

[geeman]

Hi there,

My fiancee is a UK citizen residing in the UK. I am a Canadian citizen residing in Toronto. We are getting married in a couple of months (in Toronto) and she's heading back to the UK because of her work and limited vacation days left. We plan to go the spousal sponsorship outside of Canada route because it seems like it would be faster.

She can visit here easily, but one of the concerns for moving is that she would have to give up her job in the UK and have a tough time trying to find something here through an employer sponsored work permit requiring an LMO.

Questions:

1. Do open work permits require the spouse to be in Canada? Would we be able to get her an open work permit so she can move to Canada while waiting for the application to go through? (We are both software engineers with bachelors degrees, so it looks like the NOC skill level requirements are met.)
2. Would it be better for her to move here first then apply as a spouse within Canada and try to get an open work permit?
3. If we went with the spouse outside of Canada route, and she decided to move here halfway through the process (with or without a work permit), would that change or delay the application that is under way?

Thanks in advance and sorry for the long post - I've tried searching here but have not found answers to these specific kind of questions.

 

[taffy7]

Apply outland to start with . Once she is approved and has her papers she will not require a work permit .

If she decides to come to Canada and wait out her PR she can not work .

Applying inland it will take approx 13 months to get to the first stage and to receive a work permit . She could be all done and dusted in 6 months.

Moving here half way through will not delay her application,but remember she is not moving here only visiting. She will require a return ticket and please don't turn up with tons of baggage . Visa exempt can be turned back if they think you are moving here permanently with out her papers . She can extend her visitors visa once she arrives and cancel her return ticket .

 

[Kayaker]

Hi there,

My fiancee is a UK citizen residing in the UK. I am a Canadian citizen residing in Toronto. We are getting married in a couple of months (in Toronto) and she's heading back to the UK because of her work and limited vacation days left. We plan to go the spousal sponsorship outside of Canada route because it seems like it would be faster.

She can visit here easily, but one of the concerns for moving is that she would have to give up her job in the UK and have a tough time trying to find something here through an employer sponsored work permit requiring an LMO.

Questions:

1. Do open work permits require the spouse to be in Canada? Would we be able to get her an open work permit so she can move to Canada while waiting for the application to go through? (We are both software engineers with bachelors degrees, so it looks like the NOC skill level requirements are met.)
2. Would it be better for her to move here first then apply as a spouse within Canada and try to get an open work permit?
3. If we went with the spouse outside of Canada route, and she decided to move here halfway through the process (with or without a work permit), would that change or delay the application that is under way?

Thanks in advance and sorry for the long post - I've tried searching here but have not found answers to these specific kind of questions.

1. OWP is only for Inland applicants. Inland applicants from last year are getting their OWP after about 14 months. She cannot have an OWP as an Outland applicant.

2. No, it would not be better. As an Inland applicant, she might have OWP and be able to work after 14 months. As an Outland applicant, she can probably have PR and be able to work after 6 months or so.

3. No, Outland applications have nothing to do with the applicant's address or physical whereabouts. She can file an Outland application even if she is in Canada as a visitor. Likewise, she can come to Canada after she applies, and change her address with CIC. The only thing she needs to be careful about is not to tell CBSA (the border agents at the airport) that she is moving here before she has PR. She can only "visit". If she appears to be moving (arrives with a dozen suitcases or with furniture and stuff) or if she says the word "moving" she will probably be denied entry. The choice of words is very important here.

 

[SchnookoLoly]

For outland applications, there is a spreadsheet in my signature that gives you an idea of processing times. 6-8 months is a safe expectation right now.

Second, read this - http://britishexpats.com/wiki/Spousal_Sponsorship-Canada and in particular pay attention to the section on "dual intent" which covers what yu have to do if your wife wants to wait in Canada as a visitor while your application is in process.

Good luck!

 

[geeman]

Taffy, Kayaker, SchnookoLoly thanks for your replies and all the information!

I didn't realize there was an issue with her just moving here without a PR - I kind of took that for granted that as long as she didnt work she could actually "move" here. But I see now that's not the case.

Schnookololy that spreadsheet is amazing! Mind = blown!

Keep up the good work you guys this forum is highly informational and so helpful! Soon we'll be able to add our case info to the statistics

 

[SchnookoLoly]

Happy to help! Once you apply, either PM me, or post on the general thread for Outland London applications.

Also do some research on BritishExpats.com as well, there's a subforum meant just for Canadian/British couples, so you might find that a bit easier to find others more similar to your situation.

Good luck!