# Can I work in Canada?



## mr-moose (Jan 3, 2016)

Hi All,

We have been talking about moving to Canada for some time now. We feel this year is probably the year to do it. We have three young kids. 

My wife and I were both born and raised in Australia, but my wife's parents are both Canadian and she has Canadian citizenship. My dad was American and I have U.S. citizenship.

Can someone suggest what visa might be best for us to investigate? My wife is going to go into the Canadian embassy here later this month to organise her passport and will ask further questions there, but I'm curious for a heads up of what to expect. 

As I'm currently the primary breadwinner here in Australia, I'm also curious to know if I'll be able to work in Canada either through some spousal visa or through my US citizenship (does NAFTA help me out here)? 

Any information is much appreciated.

Thanks,
Chris


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## WestCoastCanadianGirl (Mar 17, 2012)

I'd say that your easiest route would be for your wife to sponsor you for a spousal visa... Express Entry is an option, but since your wife is Canadian, it seems kind of pointless to try for a work permit to try to get in, as that's a whole different set of rules and regs to work through; I don't know that you qualify for a Working Holiday Visa (I don't know what the current rules are); and obtaining a Student Visa can potentially be a long and expensive undertaking (having to prove that a) you've been accepted to a qualifying program in Canada and b) have the necessary funds to show that you can support yourself for your time in Canada.

Your US citizenship doesn't have any relevance here (it _will be_ useful if/when you want to go to the US) and unless your occupation is a specialty one, NAFTA probably won't help you out either (I once inquired with the Mayo Clinic in Minnesota about working for them as a Pharmacy Tech, but was told that that occupation isn't covered under NAFTA and they don't routinely sponsor people for that type of role, so I had no other option than to try to get a work permit on my own merit).

I'm not sure what the Childrens' status is vis à vis their right to Canadian citizenship, as your wife is likely Canadian by Descent (i.e. a person who obtained Canadian citizenship by being the child of a Canadian and being born outside of Canada) and the rules changed about 6-7 years ago in regards to Canadians by Descent being able to pass on Canadian citizenship to their children who were born outside of Canada... your wife should inquire with the High Commission as to where the children figure in this, as it could mean some savings as far as visa costs are concerned (then again, you may have to cough up anyway, if they don't qualify as Canadians).

On this whole Childrens' citizenship question goes, it might be useful for _you_ to inquire as to whether or not they qualify for US citizenship based upon your having it. It won't affect your current situation (again, having US citizenship means nothing to the government of Canada) and while it might not have much bearing on their lives _now_, if the Children should decide that they want to go to the US to work or study or live, having US citizenship through you would make the whole process a heck of a lot easier for them (i.e. no need to apply for visas)... the only caveat I'd suggest is that if they do obtain US citizenship, they may be subject to military draft, should the US government be at war somewhere in the world and decide that they need to start drafting people into military service... I have some family friends who were born and raised in Canada but also have US citizenship through their Mum... the first Gulf War (1990's) was a bit of a tenuous time for the kids, as the boys were of draft-able age and they really didn't want to have to go and serve.


Lots to think about. I wish you the best of luck in your journey to come to Canada!


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## mr-moose (Jan 3, 2016)

Thanks so much for your detailed reply. 

I tend to agree with you with regards to the kids and their citizenship options. I don't think I'll pursue the US option for them for the reasons you mention. The reality is, we love where we live, but are just looking to take advantage to live and work in another country while we have the opportunity. 

Now it is just a matter of working out how to go about getting there. For peace of mind, I'd much rather have a job prior to uprooting the family,but of course finding a job from outside the country will make that task so much harder. It seems like the perfect chicken and the egg scenario 

I'm now leaning towards simply saving as much money as we can, choosing an area in which we'd like to live and then make the move. Once there, I can begin looking for work. It certainly isn't the most comfortable option in the world, but I think it is probably what needs to be done.

I'm sure I'll have more questions as we time draws nearer. 

Thanks again for your reply.

Chris


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## Faranch (Dec 31, 2015)

Hi Chris

WestCoastCanadianGirl gave you a great response. I do agree with all his points and think a spousal route would be the best entry for you and the children. The jobs market is pretty stable in Ontario, whilst Alberta is suffering right now due to the oil slump. I suggest you visit a few places before you move and see what place feels right for you all. 

The great thing is that Sterling is strong right now and your money will go quite far in Canada. 

Sorry for being brief, but WCCG answered very well 

Good luck with your eventual move.

Faran


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## MarissaAnna (Sep 27, 2014)

I think the OP is Australian; we have Australian dollars here, not Sterling.


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## mr-moose (Jan 3, 2016)

Hi Guys,

Thanks both for your posts. I appreciate any input.

Marissa, you are correct. I am Australian, but it's good to hear people's opinions at any rate.

Have a great weekend.

Chris


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## Faranch (Dec 31, 2015)

Hi 

Apologies my mistake. I guess it was late here 

Faranch


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## mr-moose (Jan 3, 2016)

No problems at all Faranch. Like I say, it's good to hear your opinions on other aspects like suggested provinces etc

I suspect we'll end up in BC as my wife has some family there, and I have an Aunt and cousins in Seattle, so it'll be nice to be close to them. 

Like I said, now we just need to get our act into gear and get the wheels in motion.

Thanks again,
Chris


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## ozbound12 (Mar 23, 2012)

With regards to the citizenship of the children, if your wife is a Canadian citizen by descent (she was born in Australia to a Canadian citizen parent), she is a first generation citizen born abroad. As such, her children, who are second generation children born abroad, would not qualify for Canadian citizenship by descent. As WCCG mentioned, they changed the law back in 2009 to prevent people living abroad for several generations from getting citizenship from a country they have never even visited. (See here: Changes to citizenship rules)

She can, however, sponsor both yourself and your children for a visa to live in Canada. Processing times are long from what I understand, well over a year, but this is probably the best (and realistically only) option.

As a US citizen, your children may be US citizens by descent but only if you have lived in the US for at least five years before the child's birth, two of which had to be after your 14th birthday. (Very convoluted I know, but the US is also very persnickety about the transmission of citizenship to multiple generations abroad. See here: Acquisition of U.S. Citizenship by a Child Born Abroad) And as stated earlier, US citizenship does not confer any particular benefits in terms of living in Canada - the two countries don't allow for the free flow of people in the same way as Australia/New Zealand for example.

With regards to NAFTA, you can qualify for a NAFTA visa to Canada as a US citizen but only if (a) you have an occupation on the NAFTA list (see: Professions Covered by NAFTA | Ottawa, Canada - Embassy of the United States) and (b) you have a job offer.

A working holiday visa would not realistically be an option because you cannot bring dependents.


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## mr-moose (Jan 3, 2016)

Hi Ozbound,

Thanks for the detailed reply. 

I'll admit to being quite bummed at the idea of needing to wait more than a year for processing of a request to have my wife sponsor me and the kids  I agree that this is probably the best option for us, so we will need to get it underway ASAP. 

The link to "Acquisition of U.S. Citizenship by a child born abroad" is a really interesting one. I often wondered why I qualified and if that would ever change. I've had a U.S. Passport since I was very young, but my last one expired a few years back. I'm going to the U.S. embassy here next week to see what I need to do to go and get the ball rolling on a couple of things. 

Thanks again for the updates.

Chris


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## JT9688 (Jan 19, 2016)

Hi Chris

In 2015 the Govt of Canada introduced a pilot project which allowed for sponsored spouses to apply for an open work permit after stage one of the application was approved. (when sponsor is evaluated and approved) This usually takes about 4 months to get through first stage approval. Children can come in on visitor records and attend school while this is all taking place. They need nothing special. In Canada spousals are taking about 18 months. 

this option is available for in-Canada applications only. If you wish to continue working in AU until your spousal sponsorship gets approved this can be done through an outside Canada application however, you will have to submit a plan for settlement in Canada that lays out coming back to Canada, settling in whatever city etc. I hope this provides you an idea of what can be done

/SNIP/


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## mr-moose (Jan 3, 2016)

Hi Adventus,

That is informative. I appreciate the information. My wife was printing off passport renewal forms for herself last night. We also looked at the spousal visa waiting times listed on the Spousal Visa Processing Times listed on  the Canadian government website and it seems to confirm your suggestion of 18 months. That sounds like a lot...but regardless of how long it takes, we just need to get our act into gear and get the process started. 

Thanks again for the reply.

Chris


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