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Can husband get working visa as visitor while ourland PR is still in process?

waikiki

Hero Member
Jan 22, 2011
379
2
I've read somewhere, don't know where anymore, that it can be possible to obtain a working visa, while outland PR is still in process? My husband is here with me in Canada currently as a visitor, could he apply for that? Why do inland applicants receive a working visa after stage 1 and outland not? Where could I, if possible, apply for that?
For example, if I (canadian) would buy a business, let's say a shop, could my husband work there?
 

CharlieD10

VIP Member
Sep 5, 2010
5,849
185
123
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
In order for him to receive a work permit, the employer would need to apply for a Labour Market Opinion and demonstrate that they couldn't find a Canadian permanent resident or citizen to fill the position. Your husband would also need to demonstrate he has the qualifications to fit the position.

Outland applicants do not qualify for an OWP because, in general, Outland applicants are not in Canada. Furthermore, Inland applicants receive an OWP after being found to be eligible for permanent residence (AIP) by which point in their processing the Outland applicants are ready to receive their visas and come to Canada and will be able to work, so they don't need OWPs.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
An outland PR applicant is eligible to apply for a restricted work permit - as Charlie mentioned, if a potential employer could get a positive LMO (meaning they can demonstrate that there are no eligible Canadian applicants for the position), a work permit could be applied for whether the applicant was being sponsored or not. However, typically it takes longer to go through that particular process than it does to get permanent status as a sponsored outland applicant.

I think part of the reason that inland applicants are eligible for an open work permit (which is different than the restricted work permit an outland applicant would apply for) is because it takes 11 months before their application is even looked at AND they are required to remain in Canada for the duration of the process. Prohibiting them from working while also prohibiting them from leaving would be unfair - so once they are determined to be eligible applicants, they're given the ability to work. It's still almost a year until they actually get a work permit, though, and most outland applications are finalized (with the applicant then landed and eligible to work) within about the same amount of time - if not less.