Canada immigration: best pathway for USA to BC?
September 12, 2020 5:44 PM Subscribe
Help a US citizen with a Canadian/USA dual citizen spouse navigate the permanent residency process. We live and work in Oregon and are trying to determine whether the spousal PR path or a skilled worker program like Express Entry BC is our best bet. Details below:
The spousal path is simple, but the sponsorship cost (ie the amount my spouse will need to pay) is more than $1000 USD, and our research indicates the application process takes a while. That could be okay, if I'll be able to work while my application is in process— this page seems to indicate it's possible. This is where we're leaning.
The Express Entry / skilled worker programs are more convoluted and require an English fluency test, as well as ranking applicants thru a points-based lottery; only some registrants will be invited to apply. My professional Architecture degree qualifies as well as my job experience in architecture and construction management, in classes A and 0 respectively. This pathway seems harder to do and disregards the fact that my spouse is Canadian, and my lack of French fluency or preexisting job offer puts my chances of receiving an invite pretty low.
We currently have not lived in Canada and only have assets and accounts in the USA. We're looking at moving to Victoria Island, or somewhere similar in the greater Vancouver area near a coast. We both work in the architecture and construction field and my spouse will retain her job as a remote worker. I'm doing freelance design work which I will continue but will also seek a job with an architect in Canada to pursue licensure.
Are we on the right track? What are we missing? Am I better off just reaching out to Kyle Hyndman?
The spousal path is simple, but the sponsorship cost (ie the amount my spouse will need to pay) is more than $1000 USD, and our research indicates the application process takes a while. That could be okay, if I'll be able to work while my application is in process— this page seems to indicate it's possible. This is where we're leaning.
The Express Entry / skilled worker programs are more convoluted and require an English fluency test, as well as ranking applicants thru a points-based lottery; only some registrants will be invited to apply. My professional Architecture degree qualifies as well as my job experience in architecture and construction management, in classes A and 0 respectively. This pathway seems harder to do and disregards the fact that my spouse is Canadian, and my lack of French fluency or preexisting job offer puts my chances of receiving an invite pretty low.
We currently have not lived in Canada and only have assets and accounts in the USA. We're looking at moving to Victoria Island, or somewhere similar in the greater Vancouver area near a coast. We both work in the architecture and construction field and my spouse will retain her job as a remote worker. I'm doing freelance design work which I will continue but will also seek a job with an architect in Canada to pursue licensure.
Are we on the right track? What are we missing? Am I better off just reaching out to Kyle Hyndman?
Agreed. Not sure why you would want to go through Express Entry when you are married to a Canadian citizen. The fee is around $1300 CAD anyway.
posted by asharchist at 6:23 PM on September 12, 2020 [6 favorites]
posted by asharchist at 6:23 PM on September 12, 2020 [6 favorites]
Best answer: 100% go with spousal sponsorship. Think about it this way: a Canadian citizen always has the right to live in Canada. Spousal sponsorship is a way for Canadians to live in Canada without having to live apart from their non-Canadian spouse. Whereas the skilled worker entry is more like "Well, if we could really benefit from your skill set, I guess we'll let you in, but you see there are thousands of other people who also want to enter Canada so we'll have to compare you to all these other folks..."
Spousal sponsorship is a straightforward process and takes +/- 1 year. If you are detail-oriented and can make sense of other government forms, you can do it without hiring an immigration lawyer. You can apply from outside Canada (especially when you're maybe not able to enter Canada as a tourist during COVID times?), and only enter the country after your application is approved. If you do it that way then you don't even have to worry about getting a work permit while waiting for PR approval - you'd wait it out in the US and continue working there until PR is granted.
For the Canadian citizen who is sponsoring you, even if they don't have established ties to Canada at the moment (they've never lived there?), it's important to communicate WHY they intend to settle in Canada, and HOW they plan to go about it. Basically show that they've thought things through, they are committed to living in Canada, and have a realistic plan of action.
If you dedicate an hour or two a day to this, you can have your spousal sponsorship application put together and mailed to Mississauga in 2-4 weeks :) Good luck! We did an out-of-country application June 2017 and received PR status Dec 2017. Partner will be eligible to apply for citizenship early 2021 :)
PS - maybe it's a typo in the post, but the island is called Vancouver Island, and the capital of BC is Victoria
posted by tinydancer at 7:44 PM on September 12, 2020 [6 favorites]
Spousal sponsorship is a straightforward process and takes +/- 1 year. If you are detail-oriented and can make sense of other government forms, you can do it without hiring an immigration lawyer. You can apply from outside Canada (especially when you're maybe not able to enter Canada as a tourist during COVID times?), and only enter the country after your application is approved. If you do it that way then you don't even have to worry about getting a work permit while waiting for PR approval - you'd wait it out in the US and continue working there until PR is granted.
For the Canadian citizen who is sponsoring you, even if they don't have established ties to Canada at the moment (they've never lived there?), it's important to communicate WHY they intend to settle in Canada, and HOW they plan to go about it. Basically show that they've thought things through, they are committed to living in Canada, and have a realistic plan of action.
If you dedicate an hour or two a day to this, you can have your spousal sponsorship application put together and mailed to Mississauga in 2-4 weeks :) Good luck! We did an out-of-country application June 2017 and received PR status Dec 2017. Partner will be eligible to apply for citizenship early 2021 :)
PS - maybe it's a typo in the post, but the island is called Vancouver Island, and the capital of BC is Victoria
posted by tinydancer at 7:44 PM on September 12, 2020 [6 favorites]
FYI immediate family members of Canadian citizens can still enter Canada, even during Covid.
posted by sillysally at 7:57 PM on September 12, 2020 [5 favorites]
posted by sillysally at 7:57 PM on September 12, 2020 [5 favorites]
For a data point, I recently became a resident through Express Entry; the process took over a year in total and the cost was well over $1000. If you can go the spousal route, I'm not seeing why you wouldn't.
posted by hoist with his own pet aardvark at 11:16 AM on September 13, 2020 [2 favorites]
posted by hoist with his own pet aardvark at 11:16 AM on September 13, 2020 [2 favorites]
Response by poster: OK, it sounds like the spousal route really is the best way to go. Thanks everyone!
tinydancer, yes I made a typo! We're obviously still figuring out the process. My partner lived between California and Canada as a child, and attended finishing school in Toronto, but hasn't ever lived there as her primary residence. Most of her family is deceased, and unfortunately her mom kind of soured many of those relationships while she was alive. So we don't have a strong family network to lean on while we get settled. We're on our own.
posted by a halcyon day at 3:19 PM on September 13, 2020 [2 favorites]
tinydancer, yes I made a typo! We're obviously still figuring out the process. My partner lived between California and Canada as a child, and attended finishing school in Toronto, but hasn't ever lived there as her primary residence. Most of her family is deceased, and unfortunately her mom kind of soured many of those relationships while she was alive. So we don't have a strong family network to lean on while we get settled. We're on our own.
posted by a halcyon day at 3:19 PM on September 13, 2020 [2 favorites]
At some point, when it's permitted, have your spouse open a Canadian bank account and credit card. Tangerine is a good one, or RBC. Some are more newcomer friendly than others. She will have to be physically in Canada to do so, due to banking laws. Then keep it on the back burner while you go through the likely yearlong process of spousal sponsorship. This will get her credit history started for when you need to rent or get a mortgage. (You may be shocked how much your great US credit score doesn't even matter in Canada.)
posted by dum spiro spero at 11:34 PM on September 14, 2020 [1 favorite]
posted by dum spiro spero at 11:34 PM on September 14, 2020 [1 favorite]
This thread is closed to new comments.
You almost definitely want to do the spousal sponsorship process, it's simpler and more of a "sure thing". I believe the application fee for the skilled worker program is just as high if not higher.
You should be able to work while waiting for your spousal PR application to be processed, as long as you go through the proper channels to get a work permit. I do not believe you can work while waiting for PR through the skilled worker program.
posted by mekily at 6:07 PM on September 12, 2020 [2 favorites]