Spousal Open Work Permit while on an Implied Status

[melkorka]

Hi Everyone. I was glad to know that this helpful kind of forum exists. I hope that like others, you guys can help me too

I'm currently in Alberta, Canada. Worked for 2 years. My work permit has expired last June 24, 2011. We applied for the new LMO but is was refused. On the last day of my work permit application, I applied for an Inland Visitor Visa so i can stay longer but I received a letter from the Immigration that it will take another 16 weeks for them to process my application.

I have a common-law-partner and we've been together for 8 months and decided to get married last October while I'm on an implied status. Now the problem is, I want to apply for an open work permit but I don't know if i'm qualified to apply for it since, i'm on an implied status here in canada due to my visit visa application. Should I'm qualified? what application package should I use?

Thank you in advance for your help.

[PMM]

Hi

Hi Everyone. I was glad to know that this helpful kind of forum exists. I hope that like others, you guys can help me too

I'm currently in Alberta, Canada. Worked for 2 years. My work permit has expired last June 24, 2011. We applied for the new LMO but is was refused. On the last day of my work permit application, I applied for an Inland Visitor Visa so i can stay longer but I received a letter from the Immigration that it will take another 16 weeks for them to process my application.

I have a common-law-partner and we've been together for 8 months and decided to get married last October while I'm on an implied status. Now the problem is, I want to apply for an open work permit but I don't know if i'm qualified to apply for it since, i'm on an implied status here in canada due to my visit visa application. Should I'm qualified? what application package should I use?

Thank you in advance for your help.

Assuming your spouse is sponsoring you as an "inland spouse" then you include the request for the OWP with the sponsorship application to Vegreville.  If you receive first level approval in 10/11 months, you will receive an OWP.  Other than that you would require a LMO and would have to apply outside Canada for a new work permit.

[melkorka]

Thank you for your reply. It helped me. I already have a FSW application submitted before we get married so we didn't apply for the spousal sponsorship. I am hoping that I can apply for an Open work permit, so i can start working. We also planned to apply at the POE should my visit visa be granted. But I am not sure if that's allowable. Now, I am confused on what to do to get an open work permit

[wsongco]

getting owp thru spousal sponsorship takes about 10 to 11 months. So while waiting find an employer willing to get you LMO to start working.
Btw, whats the reason of your LMO refusal? Maybe they can re apply again.

[scylla]

OP applied through FSW - not spousal sponsorship.

I don't think the OP qualifies for an open work permit.

[melkorka]

getting owp thru spousal sponsorship takes about 10 to 11 months. So while waiting find an employer willing to get you LMO to start working.
Btw, whats the reason of your LMO refusal? Maybe they can re apply again.

Thank you for answering my post. My previous employer doesn't want to re-apply my LMO. Getting spousal sponsorship is a long process, I already submitted my Federal Skilled Worker application last February 2011. Do you think I can apply for an open work permit given my implied status? I also tried applying for a job but whenever i tell them that i need an LMO, they're not willing.

[melkorka]

OP applied through FSW - not spousal sponsorship.

I don't think the OP qualifies for an open work permit.

Does OP means "Open work permit"? Is there a such thing as Open work permit through FSW? How can I get it?

[scylla]

No - OP means "original poster" - in other words - you.

You don't qualify for an OWP under FSW implied status. If you want to work, your only real choice is to find an employer who is willing to apply for an LMO.

[melkorka]

No - OP means "original poster" - in other words - you.

You don't qualify for an OWP under FSW implied status. If you want to work, your only real choice is to find an employer who is willing to apply for an LMO.

I see I'm on an implied status because i have another inland application. That is when i converted my work visa to visit visa. I applied for it on the last day of my work permit (June 24, 2011). Unfortunately, i just received a letter from them yesterday telling that i need to wait for 16 more weeks before they can process my request.

So applying for a Spousal Open Work permit is not applicable for me, my husband is a Canadian.

[scylla]

So applying for a Spousal Open Work permit is not applicable for me, my husband is a Canadian.

Correct. Having a Canadian husband does NOT qualify you to apply for a spousal open work permit.