HELP - What is the best route?

[sheeshkabelle 153]

I'm not quite as familiar with the Canadian process as I am with the American but I think you must be referring to when they enter Canada as a tourist and then applying? Because I know that way takes a very long time.

I believe it only takes a few months (2-3?) when applying from outside of Canada.

Applying from inside Canada does take longer, but after one applies they can apply for a temporary work permit. If granted the intended immigrant can work while their application is pending. It has to be renewed every 90 days.

Most provinces have a special visa. I think Alberta has it. I know Manitoba does. It's the Provincial Nominee program. If a person can prove ties to that province (family, friends etc) and that they will become a productive member of society the province will help them get the visa, and it's a tad faster.

[alizon 77]

I'm not quite as familiar with the Canadian process as I am with the American but I think you must be referring to when they enter Canada as a tourist and then applying? Because I know that way takes a very long time.

I believe it only takes a few months (2-3?) when applying from outside of Canada.

Is that 2-3 months for a spouse/partner sponsored visa or a student or work visa? The cic.gc.ca website says it takes 6-12 months when applying for family sponsorship from outside Canada, and that Buffalo, NY is specifically taking 11 months...

Maybe time to start a sticky topic about the move to Canada? Immigration to another country: new forum?

[hikergirl 277]

You can always check out the Road to Canada forums for more info: http://www.roadtocanada.com/forums/index.php

I was looking at the Immigration Canada website and there is a family visa for conjugal partners - where you'd live together if not for the living in different countries issue. Might be something to look into. I'm sure there would be more info on the above link.

[Udella&Wiz 325]

Is that 2-3 months for a spouse/partner sponsored visa or a student or work visa? The cic.gc.ca website says it takes 6-12 months when applying for family sponsorship from outside Canada, and that Buffalo, NY is specifically taking 11 months...

Maybe time to start a sticky topic about the move to Canada? Immigration to another country: new forum?

I believe that's when the Canadian spouse is applying from outside Canada, but I could be wrong. The OP's would be spouse resides in Canada

[alizon 77]

I believe that's when the Canadian spouse is applying from outside Canada, but I could be wrong. The OP's would be spouse resides in Canada

I think these timelines are for when the foreign spouse is outside of Canada, not the Canadian spouse. Everything I'm seeing talks about whether the foreign spouse is inland or outland and makes it seem as though it doesn't make a difference where the Canadian spouse is. Either way, still says 6-18 months...

http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/index.asp#spouses

"It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.

Some differences between the processes:

Inside Canada

• average of 12 to 18 months to process routine applications
  
• no right of appeal
  
• you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
  
• you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)
  

Outside Canada

• average of 6 to 12 months to process routine applications
  
• right of appeal
  
• you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
  
• if you want to work in Canada while your application is being processed, you must apply for a regular work permit"
  

Edited March 11, 2012 by alizon

[Kathryn41 3,205]

I would agree that the Canadian immigration process is easier than the American.

The foreign spouse is allowed to 'come and go' while waiting for the paperwork to be processed, everything is applied at once, not in dribs and drabs where you send in some stuff, then have to wait, then send in more stuff and have to wait and then go to the interview. Once the application has been approved in principle, which means that the paperwork hasn't been finished but it will be approved, then the foreign spouse is also allowed to work in Canada. The whole process is also cheaper, and once the foreign spouse is a permanent resident, that is it. They don't have to apply to remove conditions or anything else. Plus, if they are legally resident in Canada while waiting for the residency to be granted, half of that time up to one year can also be counted towards the waiting period to apply for citizenship. The only time they would have to wait and not be able to travel would be from the time they officially land by exiting Canada and re-entering at one of the border crossings and the time they receive their PR card in the mail that proves their status. There are, of course, options available if the person needs to leave Canada for emergencies, or to work in the US, or other such needs.

The general rule has generally been about 10 to 12 months from start to finish for becoming a permanent resident in Canada through a spousal sponsorship. The other nice thing is while a spouse fills out the sponsorship package information, he/she does not need to meet a minimum income or financial status requirement before their spouse can immigrate - they just sign a statement that they will support their spouse and the spouse will not apply for tax based benefits during the time of sponsorship.

Canada is much more focused on family reunification than the US is. I had the opportunity to assist with a lot of Canadian immigration applications when I still lived in Canada and worked as Constituency Assistant for a Member of Parliament. Going through the US process was an eye-opener indeed. If we ever do move back to Canada (for retirement, etc.) I know my husband will have a far less difficult and stressful time than I did going through the US process.