need guidance

[poco]

Hello!

Guidance please on the following queries:

1. If a person intends to apply open work permit as he enters Canada, what will be his status as soon as he is inside Canada? Will he be given temporary permit as a visitor until work permit be granted?

2. In applying upon entry, is he going to personally bring his application or send it first before entering?
 
3. Can a person start working even if his open work paper is still on process?

These are basic questions but a friend need guidance on what to do. He is visiting US right now but spouse is in Canada studying. Where is his nearest  port of entry if he comes from Chicago? By the way, he has already secured Canada visitor's visa.


Thank you in advance to all who will reply...

[Leon]

He can not work on a visitor visa.  That would be against the law.  He will have to find an employer who is willing to apply for a work permit for him and then he has to leave Canada while his work permit gets issued. 

[poco]

Thanks Leon for the reply.

Isn't he qualified to apply for open work permit because his spouse is a full time student in Canada with study permit? He is planning to follow his spouse in Canada and plan to apply for open work upon entry to Canada.

In an open work permit application, do you have to look for an employer to sponsor you?

[Leon]

In the student section of the immigration website, it says absolutely nothing about families and spouses of students.  In the temporary worker section, it says this:

If your spouse or common-law partner and your dependent children want to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you did, including (if needed) the labour market opinion (LMO) from Human Resources and Social Development Canada. However, they may qualify for a work permit without an LMO.

For your spouse to apply for a work permit without an LMO, you must meet the following conditions:

   1. You must be authorized to work in Canada for six months or longer.
   2. The work you are doing must meet a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level O, A or B in the National Occupational Classification.

If you meet these two requirements, your spouse may apply for a work permit that is “open” and that will allow her or him to accept any job with any employer. Your spouse's permit will be valid for the same period as your authorization to work in Canada.

Unless there are special provinsions also for spouses of students, your friend does not qualify for an open work permit and will have to get his own.  His spouse can call immigration call centre to verify if he qualifies for an open work permit or not and in that case what he should do at 1 888 242‑2100.

[PMM]

Hi

In the student section of the immigration website, it says absolutely nothing about families and spouses of students.  In the temporary worker section, it says this:

If your spouse or common-law partner and your dependent children want to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you did, including (if needed) the labour market opinion (LMO) from Human Resources and Social Development Canada. However, they may qualify for a work permit without an LMO.

For your spouse to apply for a work permit without an LMO, you must meet the following conditions:

   1. You must be authorized to work in Canada for six months or longer.
   2. The work you are doing must meet a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level O, A or B in the National Occupational Classification.

If you meet these two requirements, your spouse may apply for a work permit that is “open” and that will allow her or him to accept any job with any employer. Your spouse's permit will be valid for the same period as your authorization to work in Canada.

Unless there are special provinsions also for spouses of students, your friend does not qualify for an open work permit and will have to get his own.  His spouse can call immigration call centre to verify if he qualifies for an open work permit or not and in that case what he should do at 1 888 242‑2100.

The spouse of a student (who meets the requirements as a student) can obtain an open work permit on entry to Canada.  S/he would require proof that his/her spouse is a student and that his/her course is longer than 6 months and is at an approved school.  No LMO is required nor is a job required.

You may wish to read:

# Spouses
Spouses and common-law partners of certain foreign workers and of certain foreign students who are currently studying or working under the Post-Graduation Work Permit Program
    * Spouses of certain foreign students may obtain a work permit without having to obtain a labour market opinion from HRSDC. This exemption applies to spouses who are not themselves enrolled in full-time studies.
    * Eligibility criteria: To be allowed to work in this category, you must prove that you are the spouse of a student who holds a valid student permit and who is studying full time at a post-secondary institution—a university, a community college, a CEGEP, a technical or school of commercial studies—that is financed by the private or public sector and authorized by provincial law to award university degrees." http://www.cic.gc.ca/english/work/apply-who-permit.asp

PMM

[go2canada]

In the student section of the immigration website, it says absolutely nothing about families and spouses of students.  In the temporary worker section, it says this:

If your spouse or common-law partner and your dependent children want to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you did, including (if needed) the labour market opinion (LMO) from Human Resources and Social Development Canada. However, they may qualify for a work permit without an LMO.

For your spouse to apply for a work permit without an LMO, you must meet the following conditions:

   1. You must be authorized to work in Canada for six months or longer.
   2. The work you are doing must meet a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level O, A or B in the National Occupational Classification.

If you meet these two requirements, your spouse may apply for a work permit that is “open” and that will allow her or him to accept any job with any employer. Your spouse's permit will be valid for the same period as your authorization to work in Canada.

Unless there are special provinsions also for spouses of students, your friend does not qualify for an open work permit and will have to get his own.  His spouse can call immigration call centre to verify if he qualifies for an open work permit or not and in that case what he should do at 1 888 242‑2100.

You are right Poco. Accompanying spouses or common-law partners of foreign students (including spouses or common-law partners of foreign students with post-graduation work permits) are eligible for an open work permit, which means they do not need a job offer or a labor market opinion from Service Canada. http://www.cic.gc.ca/english/study/work-spouse.asp
Good luck 

[poco]

Thank you guys for your input. I really appreciate it.

May I go back to my questions which are;

Will he personally bring his application for open work permit at the port of entry if he apply upon entering in Canada?

He will be from Chicago. where is the nearest port of entry for him to go?

He do not know to do and where to go.