open work permit.

[mfanous007]

So even after the AIP is received (well hopefully) I am not able to apply for a work permit since its an outland app? do they grant any thing so I can come see my wife after were married untill the paperwork is finished? just figured once AIP is received we would be much happier and comfortable if I was able to stay in Canada with her and also work

[Leon]

So even after the AIP is received (well hopefully) I am not able to apply for a work permit since its an outland app? do they grant any thing so I can come see my wife after were married untill the paperwork is finished? just figured once AIP is received we would be much happier and comfortable if I was able to stay in Canada with her and also work

Approval of sponsor with outland (around 2 months) is generally not called AIP and it does not really grant you any rights.  To stay, you would have to either continue your studies or apply to change your status from student to visitor while you wait for processing.  Just applying to change your status to visitor if you do it by mail was taking 4-5 months last I checked in which case you would have implied status to stay in Canada meanwhile.  However, they usually do not refuse people to change their status to visitor if they are already in Canada and applying for sponsorship.

If you apply outland through Buffalo, most applications are faster than the 11 months they state on the website.  Another 6 months and you will most likely have your PR.  If you are a US citizen, you are visa exempt to visit Canada so if you do have to leave, you can always come back and visit your wife.  It is however up to the IO in each case to approve or reject so you want to make sure you just tell them you are visiting for a short time while you wait for your sponsorship. 

If you apply inland, you can apply to change your status to visitor too and if you send in your OWP application at the same time, you will likely have your OWP and AIP in about 9-10 months.  After that, it could take another 9 months average to get your PR.  The risk with inland is that at any time during the 18 months you wait for PR, if you leave Canada, should you for some reason not be able to get back in, your application is gone because inland requires you to be in Canada.  If you are not in Canada anymore, that is it.

[mfanous007]

Thank you, This site is amazing and you people are great! i wish i found this three years ago!

[syrust]

Hello Leon

I have been following this form from long time and I see that you are a very helpful person with very helpful information.

I have am living in Canada since 2007 on study visa and work permit and then again study visa.
I got married here and my wife is Citizen. We have applied for Spousal Sponsorship outland from India in end july. I Read your last reply saying that its taking 6 days for first step to clear.

My study visa expired on 31st july 2011 and I applied for visitor visa to live with my wife before that.
What do you think are chances to get visitor visa extension?

I have an employer in calgary who wants to hire me as supervisor in his gas station and he has Pre-Approved LMO. Do you think i will be able to get my work permit when I am staying here already on implied status. (My student status was expired on 31st july  2011)

how can i apply for work permit I have LMo approved from my employer? I don't want to leave my wife alone here. do i have to leave country if i want to apply for work permit and what are the chances to get visitor visa in my case.

[Leon]

Outland spousal takes about 60 days for the first step to clear, not 6.  India is also relatively fast.

When you applied to change your status to visitor, did you state in your application that you have applied for sponsorship and want to wait for it?  If you did, you have a good chance to be approved.

As for where you can apply for a work permit, since you are not visa exempt, you can not apply at the border which would be the fastest way.  You can not apply from inside Canada because your study permit is not valid any more, see http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside so that leaves applying from outside Canada but if you leave Canada to apply from the outside, you risk not being approved and having to stay outside for the rest of your PR processing time.

[syrust]

Thanks leon

Yes when i applied for visitor extension then i sent my wife's documents like her citizenship card and her job letter and her t4.
I told them that we have applied for Permanent Immigration (spousal sponsorship).

but what if i am getting a job in canada now and i have LMO so as you saying i can't get work permit extension.
if i want i would have to leave country, which is kind of risk taking because if i leave country once i won't be able to come back if i don't get approved.

so any option in my case as i am waiting for visitor visa and p.r (spousal sponsorship)..

what are the chances for interview in SPouse sponsorship.. me and my wife we know each other since 2007 and we had all phone bills since then and photos and some emails because we live in same city... we had a civil wedding and went to honeymoon and some outing after and sent them all the proof...

I Can't start my job?

Thanks

[Leon]

I Can't start my job?

If you start working without a work permit, you will be working illegally and risk being deported if they catch you.

[syrust]

HI Leon

Is it possible to get open work permit if we have already applied for sponsorship... outland

because i am living with my wife and also have a job too...

Like when somebody comes on study visa then their spouse is eligible for open work permit.
also when somebody comes on work visa i mean work permit they can apply for open work permit too..

what is the law of open work permit if my wife is Canadian citizen?

[Leon]

Is it possible to get open work permit if we have already applied for sponsorship... outland

because i am living with my wife and also have a job too...

Like when somebody comes on study visa then their spouse is eligible for open work permit.
also when somebody comes on work visa i mean work permit they can apply for open work permit too..

what is the law of open work permit if my wife is Canadian citizen?

There is no open work permit for outland.  There is for inland but the processing time for first stage approval with inland would probably be longer than getting your PR with outland.

There are open work permits for spouses of international students or skilled temporary workers but that doesn't extend to PR's and citizens, they are supposed to sponsor their spouses for PR instead.

[Marianella]

Hi, I am applying to the PR, but I need to apply for the OWP, so in this form ask me write "Until when I want to stay in Canada", so I don't know what I have to write, because I don't sign my new contract with my employer for 1 more year so What I have to write? Don't I need to write nothing in there?,Somebody could help me please? And another question is is HRSDC confirmation is means LMO.

Thank you for your help

[ishpiringkiting]

hi. my husband has a an application for open work permit, issued by his employer. he also has a positive LMO and a contract from the employer. the application IMM5645 F, states there -- questions about, spouse and child accompanying to Canada.. i just want to ask, will my husband sign this? i mean, of course, me and our son cannot come with him to Canada, but we want to go there eventually when he has already settled there and has enough funds to rent a flat for us. and also, i want to go there and work, too, so we can support each other financially, but i need to bring my 2-year old son with me. what can we do about that? are there certain forms to fill-up? i mean, maybe in the next 8 months or so, my husband can already save necessary funds for us. just wanna ask, how will we get there? through tourist visa? i want to work there also. please help! thank you to those who will respond.

[leonice]

Hi Leon,

1. can my common-law spouse apply for open work permit in the philippines even though I'm not landed yet? by the way i'm a caregiver for a year and a half now in B.C.
2. How long does it usually take for the processing for the OWP? what form should he use for the OWP application?
3. My work permit will expire on oct,2012.should we wait to get it renewed or okay to apply anytime now?
4. How about visitor visa?can he apply for this kind of visa though I'm not landed yet to sponsor him?anyway as proof of our relationship, we have lived together fro more than a year in taiwan where we met but no receipts of rented room there, we got photos and conjugal property like land, and receipts that i am supporting him.
5. If the answer is no to the above questions, can i include him rather for the inland PR application as my common-law without making the processing time longer or better if i get my PR status first and sponsor him later?
Thanks you so much for replies in advance.Your advise would be highly appreciated!

[Leon]

Hi, I am applying to the PR, but I need to apply for the OWP, so in this form ask me write "Until when I want to stay in Canada", so I don't know what I have to write, because I don't sign my new contract with my employer for 1 more year so What I have to write? Don't I need to write nothing in there?,Somebody could help me please? And another question is is HRSDC confirmation is means LMO.

If you are a live-in caregiver applying for an OWP, you do not need an LMO.  As for your other question, I have no idea which form you are talking about.  Please post a link to the form and write which question that is and I will take a look.

[Leon]

hi. my husband has a an application for open work permit, issued by his employer. he also has a positive LMO and a contract from the employer. the application IMM5645 F, states there -- questions about, spouse and child accompanying to Canada..

Judging from your other posts, your husband is not getting an open work permit, he is getting a closed work permit for one employer, that is as a food counter attendant in McD's.  As this is a low skilled job, he has no entitlement bringing a spouse and child, aside from the fact that I much doubt that he can support a family on McD's wages.  You can apply for a tourist visa to visit him but you have to take care of your own health insurance (travel insurance) and go back within 6 months.    You are not entitled to an open work permit based on his permit because he is low skilled.  You can try to get a job and an LMO of your own.  If you get a skilled job, you may bring your son.  You will however not be eligible to child tax benefit for your son until you are in Canada for 18 months.

[Leon]

1. can my common-law spouse apply for open work permit in the philippines even though I'm not landed yet? by the way i'm a caregiver for a year and a half now in B.C.

For the spouse of a LIC, there is no entitlement for an OWP.

2. How long does it usually take for the processing for the OWP? what form should he use for the OWP application?

He is not eligible for an OWP

3. My work permit will expire on oct,2012.should we wait to get it renewed or okay to apply anytime now?

I assume you will need a new LMO so you should apply soon because it can take time

4. How about visitor visa?can he apply for this kind of visa though I'm not landed yet to sponsor him?anyway as proof of our relationship, we have lived together fro more than a year in taiwan where we met but no receipts of rented room there, we got photos and conjugal property like land, and receipts that i am supporting him.

He may apply for a visitor visa to visit you but he must prove that he does not intend to overstay in Canada.

5. If the answer is no to the above questions, can i include him rather for the inland PR application as my common-law without making the processing time longer or better if i get my PR status first and sponsor him later?

If he is your common law, you must include him on your PR application.  I hope you included him also on your work permit application.  When you get your PR, he will also get PR.

It is not possible for you to leave him off your PR application and try to sponsor him later.  If you try to do that, they will feel that you have been deceitful to hide your common law partner and will bar you from sponsoring him as well as you could possibly lose your PR again.