Work Permit questions

[Arabella3483]

Hi All!

I am a Canadian citizen living in the United States. I wish to move back to Canada with my husband and children who are not citizens. My main concern is I need my husband to be able to work as soon as possible after our arrival. It is nearly impossible to get CIC on the phone from here in the US and when I call the consulate they tell me I have to call CIC.

My brother went to Canada many years ago with his wife and did not fill out paperwork before hand. He essentially just showed up at the border with his wife and being she was married to a citizen they did not deny her entry and he thinks it was just a few months (like 2-3) before she was able to work. Does anyone know if this is possible any more? I know the family visa permit is probably best and should be done before hand but the current processing time is 30 months and I really wish to go home sooner than that. Anyone have any suggestions or possibilities that I have not discovered?

 

[scylla]

Move over to the Family Sponsorship section of the forum with any additional questions. To help you with some information now...

If your husband has a full time job offer from a Canadian employer that falls under a NAFTA occupation - then he can apply for a work permit at the border. Otherwise - things become more complicated.

If he can secure a full time job offer from a Canadian employer (non-NAFTA occupation) AND that employer can obtain an approved LMIA (approval to hire him), he can then obtain a work permit. Downside is the vast majority of employers aren't willing to go through the LMIA process.

If he wants to move to Canada, you will have to sponsor him for permanent residency. If you sponsor him using the inland process, he will qualify for an open work permit four months after the application is submitted. HOWEVER, you must be in Canada to apply, the process takes around 2 years and your husband should not leave Canada until the process is complete. If you apply outland, you can kick off the process from outside of Canada and only move once his PR status has been approved. There is no open work permit granted, but the process is much shorter (should take less than a year to complete).

As an aside, are you sure your kids aren't citizens? If they were born after you became a citizen, they are most likely citizens by default.

 

[Arabella3483]

Thanks for the info. My kids are not citizens because I was born in the US. I got citizenship because my mom was born in Nova Scotia so I qualified for the first generation outside of the country rule and had already had them when I applied.

 

[scylla]

Thanks for the info. My kids are not citizens because I was born in the US. I got citizenship because my mom was born in Nova Scotia so I qualified for the first generation outside of the country rule and had already had them when I applied.

Makes sense. In that case you would sponsor them for PR in the same application as your husband.

 

[Arabella3483]

Is the processing time really 30 months?

 

[copypaper]

Yes, inland processing time is long.

If you need your husband to be able to work as soon as you arrive in Canada, you could submit an outland application for sponsorship. As a Canadian citizen living abroad, you would need to demonstrate that you plan to return to Canada to live once your husband (and children) get PR.

The processing times are shorter than an inland application. You could continue to live and work in the US, and once your family's PR is granted, land in Canada, where your husband would have the right to work right away.