I have a couple of questions I was hoping somebody here could answer for me. I really appreciate it!
My husband and I will be beginning our PR application in about 2-3 months, we will be applying outland through Buffalo.
Since it could take awhile (6+ months, worst case scenario) we are trying to figure out a way to be able to stay together and both work. Here are my questions:
1) Is there anyway he could get a temporary work permit while we do a Spousal Sponsorship/Outland Buffalo application, and live here in Canada with me?
2) Is there anyway I can be with him in the States, possibly even get a Green Card to work there while we wait out the application process?
I am under the impression neither of us need to be in Canada during the PR process, but I wanted to double check. We are trying to find a way to remain together during our process, so if you have any other ideas/suggestions/information it would be greatly appreciated.
Thank you!
If you are a Canadian citizen, you don't have to be in Canada in order to be eligible to apply to sponsor him but, if you go to the States, you'll have to provide proof with your application that you intend to return and re-settle in Canada.
As far as you working in the States - I think it's a longer process to get a green card, but you could ask at the discussion forum at visajourney.com I'm not really that familiar with that process - I do know that the green card is the equivalent to permanent status in Canada . . . but their whole immigration system is different. So I can't really speak to that option.
As far as him working in Canada while awaiting PR - not likely. If you file outland, which is advised, he doesn't have the option for a work permit simply because he's married to a Canadian. He would have the option for a work permit if he filed inland - provided that he had valid temporary status when he submitted the application - BUT that still takes at least 6 months of him being stuck in Canada without being able to work before he gets an OWP. Typically US applicant outland applications processed through Buffalo are finalized in less than 6 months, and once he has PR status, he can work. So there's really no advantage to filing inland - in fact, it puts you at a disadvantage. There is no right of appeal with an inland ap, and he has to remain in Canada during the entire process - which takes 12-18 months before it's finalized. If he leaves and can't get back into Canada, the inland ap is forfeited. If he applies outland, he can leave Canada to work in the States again - if things get tight - and the outland ap continues to process normally. He is not required to be resident, either in the States or in Canada, in order to be processed outland.
The only other option for a temporary work permit would be for him to find an employer who is willing to hire him - but that employer must get approval from the gov't to hire him by proving that there are no qualified Canadian applicants for the position. If the employer gets that "positive labour market opinion", he can offer your husband the job and then your husband takes the job offer and applies - through Buffalo - for a work permit. The process typically takes longer than it takes to get a spousal PR ap processed and approved.
Sorry, instead of a green card I would apply for a temporary work visa. I made a mistake with what it's called. Can I apply for a temporary work visa and live/work him him in the States while the application is being processed?
Again, members of this forum are well versed in matters concerning
Canadian immigration - but not so much US immigration. The process is quite different. The best resource I know of for information relating to US immigration is
VisaJourney