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Author Topic: Open Work Permit? Confused  (Read 286 times)
philaguy
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« on: February 08, 2012, 11:12:03 am »

If my spouse is a Canadian citizen, and she is sponsoring me to come to Canada (she is an employed occupational therapist), can I apply for an open work permit at the time of sponsorship application in order to be able to accept a job while the application is processing (currently around 11 months for US citizens!)?  I do not currently have a job offer.

I have a college degree, been working for 3.5 years in facilities management/budget.

Or is this open work permit only available to spouses of temporary workers ?  CIC website is not clear to me.

To throw another wrench, how would this work with Quebec?
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irishred
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Posts: 129
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Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 06-06-2011

« Reply #1 on: February 08, 2012, 11:26:38 am »

Hi
You can send the open work permit application with your sponsorship application but only if you are applying INLAND
If you apply Outland you cannot apply for the permit.

If you go the Inland route, you won't get the permit until you receive Approval for the first stage.

If you want to work before then, you will need a job offer along with a LMO ( labour market opinion).
Basically, an LMO is only issued if the employer can prove that he could not find a suitable or experienced Canadian for the job

Hope this helps !!
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philaguy
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« Reply #2 on: February 08, 2012, 11:31:48 am »

Yes thank you. First step wait times are around 56 days now...

So if i understand correctly, if applying inland, i can apply for open work permit once step one is completed.

This would allow me to enter the labor market while my permanent residency app is being processed.

Any ideas on how long the open work permit processing time is?
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irishred
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Posts: 129
Ratings: +0
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 06-06-2011

« Reply #3 on: February 08, 2012, 11:40:48 am »

Yes thank you. First step wait times are around 56 days now...

So if i understand correctly, if applying inland, i can apply for open work permit once step one is completed.

This would allow me to enter the labor market while my permanent residency app is being processed.

Any ideas on how long the open work permit processing time is?
First step for Inland is 11-12 months, unfortunately
You can send your open work permit with your full sponsorship application

If you go with outland, you can't apply for an Open work permit
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AmericaninQuebec
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Posts: 525
Ratings: +7
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-02-2011
Interview........: waived
Passport Req..: 05-12-2011
VISA ISSUED...: 15-12-2011
LANDED..........: 11-01-2012

« Reply #4 on: February 08, 2012, 11:58:31 am »

If you are a U.S. citizen it doesn't make sense to apply Inland. If you apply Inland you are not supposed to leave the country at all while it is being processed, which at this point is taking abou 2 yrs. Outland application takes 11 mths, and you can either be in Canada or outside of Canada during this time (if you're in Canada you must have some other legal status, such as that of a visitor).

Since you wouldn't get the open work permit for at least 11 mths anyway, there really is no point going the Inland route since in that same amount of time you could get your PR if you apply Outland. Either way you can't work in Canada without a closed work permit (i.e. a permit for a specific job) during those 11 mths.

The major benefit of doing an Outland application (apart from how fast it is compared to Inland), is that you can continue working in the U.S. during this time if you so choose.
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irishred
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Posts: 129
Ratings: +0
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 06-06-2011

« Reply #5 on: February 08, 2012, 12:06:38 pm »

If you apply Inland you are not supposed to leave the country at all while it is being processed, which at this point is taking abou 2 yrs.
I agree with what you replied, however, when you apply Inland, you can leave and return.
I have just returned from 2 weeks vacation and had no problem entering Canada at the border.
I have read hundreds of posts from people advising others not to leave.
I had to leave for family reasons.
I got a visitor record at the border after less than a 10 minute wait.
I'm not saying everyone should do this but in some cases it may be worth taking the risk.
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AmericaninQuebec
Hero Member
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Posts: 525
Ratings: +7
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-02-2011
Interview........: waived
Passport Req..: 05-12-2011
VISA ISSUED...: 15-12-2011
LANDED..........: 11-01-2012

« Reply #6 on: February 08, 2012, 01:11:21 pm »

I agree with what you replied, however, when you apply Inland, you can leave and return.
I have just returned from 2 weeks vacation and had no problem entering Canada at the border.
I have read hundreds of posts from people advising others not to leave.
I had to leave for family reasons.
I got a visitor record at the border after less than a 10 minute wait.
I'm not saying everyone should do this but in some cases it may be worth taking the risk.


I personally would not have been comfortable taking the risk since I crossed into the U.S. to see family frequently (I spent my entire 10 mth wait in Canada with my husband), but I realize others are not in the same situation/are more comfortable with risk. I still don't see why a U.S. citizen who is likely to have PR within 11 mths if doing an outland application would want to go through the trouble of an inland application that takes at least twice as long. Also, if an outland application is denied the applicant can appeal the decision. You have no right of appeal with an inland application.
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irishred
Star Member
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Posts: 129
Ratings: +0
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 06-06-2011

« Reply #7 on: February 08, 2012, 01:23:08 pm »

Agree with you totally.
If I was to do it all over again I would apply outland.
As for risking leaving..... Believe me I was a total wreck thinking about coming back in or not !!
But I had to say goodbye to my Dad so I took the chance and thankfully it worked
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AmericaninQuebec
Hero Member
*****

Posts: 525
Ratings: +7
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-02-2011
Interview........: waived
Passport Req..: 05-12-2011
VISA ISSUED...: 15-12-2011
LANDED..........: 11-01-2012

« Reply #8 on: February 08, 2012, 01:39:02 pm »

Agree with you totally.
If I was to do it all over again I would apply outland.
As for risking leaving..... Believe me I was a total wreck thinking about coming back in or not !!
But I had to say goodbye to my Dad so I took the chance and thankfully it worked

So sorry to hear about the reason for your trip. I am also glad that it worked out for you.
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