Moving to Canada? (If not born in Canada)

[Table 5]

I should probably consult a lawyer about this, but I figure there must be a few smarty-pants types on CP who know what they are talking about....

My fiance and I would like to move to Canada in the next year or so (leaning towards T.O) and we're a little unsure about the visa/legal issues we are facing. She's an American citizen and I'm Canadian. I've had plenty of experience with the work-visa process down here in the US, but don't really know what is involved doing it the other way around for her coming into Canada.

Has anyone had experience with doing this before? Is it anywhere close to the hassle of the US system (where I've found that the more by the book you go, the more tape/expenses you run into)?

I assume it helps greatly if we are married, but does time-frame help? Does it make a difference if we are married for 2 weeks or 2 years? Just wondering if we should do a quickie city-hall marriage now, or if it doesn't really matter.

Also, if we're married, does she qualify for health care coverage as soon as she steps into the country, or is it there a probationary period?

[Ducay]

This space reserved for witty comment regarding migrant ship.



Shouldn't be too bad if you're Canadian, why not give the consulate in NYC a quick ringle dingle?

[WilsonFourTwo]

http://www.cic.gc.ca/english/index.asp

Seriously - good site, easy to navigate, will answer all your questions with facts (not the opinions you'll get on an internet forum)

Good Luck!

[Canada 02]

I've looked into this a little because I'm Canadian, wifes American , and wee live in the States with longterm thoughts of living in Canada one day.

My understanding is a Canadian can sponsor an American spouse or family member for permanent residency status. Easier to do this from outside Canada than inside the country, because once in the country, the american can not work, and cannot leave for 6 months while the application is being reviewed

[Table 5]

Originally Posted by Canada 02

My understanding is a Canadian can sponsor an American spouse or family member for permanent residency status. Easier to do this from outside Canada than inside the country, because once in the country, the american can not work, and cannot leave for 6 months while the application is being reviewed

Huh, interesting. Does the same 6 month rule apply if you are outside of the country (ie, can't go to Canada for 6 months)?

Originally Posted by Duca

why not give the consulate in NYC a quick ringle dingle?

Talking on the phone? Gross.
Actually, I probably will.....just hope the level of service at the Canadian consulate is better than the American governmental departments (still have had fewer worse experiences in life than having to get a Social Security #).

[Canada 02]

Originally Posted by Table 5

Huh, interesting. Does the same 6 month rule apply if you are outside of the country (ie, can't go to Canada for 6 months)?

No, if you file an Outland Spousal Application, the American can still travel to Canada as a visitor.

Also, if you happen to be visiting Canada, or the Canadian is already living in Canada, you can still file an Outland application for the american spouse, and it sounds like it would be to your benefit to do so for the reasons mentioned above. Also, there might be an interview process, and the american would have to travel to the Canadian embassy nearest to his/her US address. This can complicate the logistics of when and where you want to apply from

[Blaster86]

We dohn't tahke kahndly ta yer tahype 'round heah.

[hockeycop]

I know a great deal about this topic! Now before I decide to help out, tell me what the foreign national brings to Canada (skills, wealth, education, work exp, etc).

If Canada wins, then I will post a whole bunch of options and answer your questions. If your spouse/fiance is a useless person with nothing to contribute... Then so am I

[Azure]

Get on a ship and claim you were tortured in the US.

[Table 5]

Originally Posted by Azure

Get on a ship and claim you were tortured in the US.

I do have to go through Jersey once in a while. That's gotta be way worse than some silly boat.

[Shazam]

Watch Green Card, it has everything you need to know.

[Hack&Lube]

Get married and she can apply for status much quicker I believe, otherwise she'll be on a VISA.

[Mad Mel]

Are you shacked up? Not sure if Canada works the same, but when I came to Oz my ex-gf I and were considered de-facto spouses (same as married) because we lived together. Can't believe I brought that skank into this country.

[hockeycop]

Living together for 1 year or more = Common Law (same as married)

Common law and marriage makes the foreign national sponsorable. Common law is a slow process. There are faster ways, like as a skilled worker. This (skilled worker) also means that you're not on the hook if she goes off the deepend and ends up on welfare. Since, you failed to answer whether or not she is useless and unskilled, I have to assume that a family class sponsorship is your only option.

So far, Mad Mel is the only one who got something close to correct. Hack&Lube was close, but VISA's are only a sticker that gives a person permission to ask an Immigration Officer at a Canadian Port of Entry if they can enter... Since she is likely an American, she does not require a visa.

[afc wimbledon]

How do you prove common law?

[icarus]

Originally Posted by Mad Mel

Are you shacked up? Not sure if Canada works the same, but when I came to Oz my ex-gf I and were considered de-facto spouses (same as married) because we lived together. Can't believe I brought that skank into this country.

But you are Canadian right? And presumably on a work-sponsored visa (i.e. a 457 temporary long-stay or similar)? I have a friend who got the right to live and work in Australia because her de facto partner got sponsored with his firm.

But...and I could be wrong... I think it works a bit different if you were an Australian citizen. Then your partner would have had to get a Partnership visa, which I think requires you to be married or plan to be married. It seems easier to move to Australia with a sponsored foreigner than with an actual citizen. That's based on my personal experience and the information on the DIAC site. I could be wrong as I say.

Not sure the same distinction applies to Canada but it could be the case.

[Table 5]

Originally Posted by hockeycop

Since, you failed to answer whether or not she is useless and unskilled, I have to assume that a family class sponsorship is your only option.

Well to be honest, I didn't answer that question because I thought it was rather insulting. Having gone through the soul-crushing grind of the immigration process myself for many years now, I know there is plenty of judging of character/worth to slog through in the future without having to also do it on an internet forum.

I welcome any help on the matter, and thank all who do, but not at the expense of a stranger trying to grade my girlfriend like a piece of beef. I'll let the government take care of that.

[HeartsOfFire]

My girlfriend is American. She came up to Canada to live with me because it made sense for us, as I was already in a stable home situation with a good career paying the bills. Unfortunately she got cabin fever within a month. Legally she wasn't allowed to work in Canada, and would have required a full years stay with me unemployed before she'd be eligible for permanent residency and a work visa. She never would've lasted past February. Would've gone crazy.

Fortunately for her, she was a recent university graduate from down in Washington State. This made her eligible for the Student Work Abroad Program (S.W.A.P.) After filling out the necessary paperwork and paying the necessary fees, she got herself an open 6 month work visa. It allowed her to work practically anywhere she wanted for a period of 6 months. She got a job first with an optometrist in Cochrane/Crowchild area, then another at the University of Calgary student's union. The studen't union loves her so much that they worked with her to keep her legally employed after the visa expired, and the paperwork for her formal temporary visa is in the works now.

But we got lucky, to be honest. If she wasn't a recent graduate, we likely would've broken up by now on account of she couldn't stay sane being idle here.

[Titan]

Originally Posted by Table 5

... but not at the expense of a stranger trying to grade my girlfriend like a piece of beef. I'll let the government take care of that.

At least not without pictures!!!

Sorry. too easy.

[Table 5]

"Don't worry baby, they key word is tasteful"