Online Application for Spouse Open Work Permit

[pleasehelpus]

My wife and I are currently in Canada and we both have a temporary work permit under the International Experience Canada (IEC) initiative (known as working holiday), which is only valid for a year and about to expire. I am applying for my work permit with my LMO obtained, and would like to apply for my wife's open work permit at the same time online. My job is in Skill Level B and she should be eligible for a open work permit.

I took my questionnaire before the application, and it said "Based on your answers, you may be eligible to come to Canada as a worker.", and listed the following as supporting documents needed.

1. A copy of Family Member Proof of Status
2. Job Offer
3. Passport and travel documents
4. Digital Photo
5. Proof that you meet the requirements of the job being offered

However, when I did questionnaire for my wife, it said "Based on your answers, you may be eligible to come to Canada as a student."

I am wondering if I did something wrong for my wife's questionnaire, or am I applying for my wife's open work permit as part of my own application? But if I'm including my wife's application within my own application, does that mean I'm uploading two IMM5710 forms?

We would greatly appreciate your advice.

 

[canuck_in_uk]

It looks like you've done a few things wrong on the questionnaire for yourself. You should have gotten the question "Do you want to submit an application for a family member?" You select "Yes" and then input your wife's info, all in one application. You would upload two IMM5710s, one for you and one for her.

Not quite sure how you got the result "you may be eligible to come to Canada as a worker". As you are already in Canada working, your result should been "You may be eligible to extend your stay in Canada to work with a work permit". Did you put Canada as your current country of residence?

Your document list should ask for an "LMO". I'm guessing for the question "Which situation best describes your work situation?", you selected international agreement. That refers to NAFTA and other such free trade agreements, which don't require LMOs; IEC is not an international agreement. You should select "None of the above". That will lead to you to the question "Do you have a Labour Market Opinion issued by Human Resources and Development Canada?, to which you would answer "Yes" and it would then appear in your document list.

Also, I'm guessing you answered "Yes" to the question "Are you accompanying a family member who has status in Canada?", as they requested "Family member Proof of Status". Though you are with your wife, you aren't really accompanying her, as your status doesn't depend on being her dependent.

 

[pleasehelpus]

Hi canuck_in_uk,

We really really appreciate your help. Looks like I was on a completely wrong path. You have spotted all my errors in my questionnaire.

• "Do you want to submit an application for a family member?" --> originally answered no because I thought I was going through the questionnaire twice
• "Which situation best describes your work situation?" --> Yes, I did select international agreement
• "Are you accompanying a family member who has status in Canada?" --> Answered yes

Also realized I made another error here.

• What is your current immigration status in Canada? --> I am temporarily in Canada under IEC so selected temporary resident permit holder, but I realized this is a completely different status (the correct answer is worker, right?)

After receiving your reply, I took the questionnaire again, and here is the outcome.


Application Form(s)
Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM5710)

Supporting Documents

• Marriage License/Certificate
• Offer of Employment
• Labour Market Opinion (LMO) from ESDC or Proof of Submission
• Passport or travel document
• Digital Photo
• Proof that you Meet the Requirements of the Job Being Offered
• Employer Questionnaire and Declaration (I don't think Employer Declaration Form is required for my case)
• Use of a Family Member Representative for Online Applications (IMM5713)

Family Member 1

• Application Form(s)
• Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM5710)

Supporting Documents

• Passport or travel document

Looks like this is what we needed

When I do IMM5710 for my wife, I presume I just have to put N/A for all the employer information?

Thank you so much for your help, I was getting pretty concerned with this.

 

[canuck_in_uk]

Also realized I made another error here.

• What is your current immigration status in Canada? --> I am temporarily in Canada under IEC so selected temporary resident permit holder, but I realized this is a completely different status (the correct answer is worker, right?)

When I do IMM5710 for my wife, I presume I just have to put N/A for all the employer information?

Thank you so much for your help, I was getting pretty concerned with this.

Hi

That looks like exactly what you need, with all of the expected documents. A much better result than last time

Yes, you are a worker, not a temporary resident permit holder.

Yes, put N/A for all employer and LMO questions in your wife's app.

 

[pleasehelpus]

Thank you canuck_in_uk, THANK YOU!

 

[arorkama]

Hi,

I am in canada on work permit. Its valid till feb,2015. My husband is in India. Can I apply SOWP online for him from here . Also, our PR file under CEC category is in processing.

Please advise.

Thanks,

 

[pleasehelpus]

Hi canuck_in_uk,

We have another question.

In IMM5710, there is a section for "Duration of expected employment", and the job offer that's listed on the documents list also needs to "state that you will be employed in Canada for a specified period of time by that company."

Do you know the max length allowed for temporary work permit? My company wants to keep me for as many years as possible, and we also would like to live in Canada for a long time. I need to do more in depth research but I think we're going to apply for the Canadian Experience Class as I will be eligible for it once I have spent 12 months working in Canada (It will be this October). Therefore we want to obtain a temporary work permit that covers the PR application processing period (looks like it takes at least a year).

I heard we also need to submit a permanent job offer for the PR application. I guess the job offer needs to specify the period for the temporary work permit we're applying now, and we just have to make another one that's permanent when we are applying for PR?

We are actually still waiting for my positive LMO. It's been six weeks... We just want to make sure we have everything ready once the LMO comes through.

It would be much appreciated if you could give us a direction for this.

 

[canuck_in_uk]

Do you know the max length allowed for temporary work permit? My company wants to keep me for as many years as possible, and we also would like to live in Canada for a long time. I need to do more in depth research but I think we're going to apply for the Canadian Experience Class as I will be eligible for it once I have spent 12 months working in Canada (It will be this October). Therefore we want to obtain a temporary work permit that covers the PR application processing period (looks like it takes at least a year).

I heard we also need to submit a permanent job offer for the PR application. I guess the job offer needs to specify the period for the temporary work permit we're applying now, and we just have to make another one that's permanent when we are applying for PR?

I'm not 100% sure but I think the max for a closed work permit is 2 years. I would guess that for the duration, you should just put what your employer stated in the LMO app.

Don't worry too much about needing this permit to be valid throughout the PR process. There is a work permit called a BOWP (Bridging Open Work Permit), for those who have an economic PR app in process and a work permit about to expire. Read up on it here http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob485A.asp.


You don't need any type of job offer to apply for CEC, permanent or otherwise. http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

 

[pleasehelpus]

I see, I just checked my LMO application that has been submitted and there was a section “Expected Employment Duration” and we ticked the checkbox that says “permanent” as my company’s intention was to keep me for as many years as possible. I hope this won’t cause a problem though… I guess if ESDC(formerly HRSDC) would contact us if they question about this. Hopefully I will get the max 2 years.

Seems like the major requirements for CEC are the proof to show that I worked in Canada for at least 12 months continuously and proof to show my language skills, which don’t seem to be a huge challenge, but I noticed there is a cap of 8,000, which sounds pretty competitive. Although there seem to be more requirements for Federal Skilled Worker class, CIC website says there is no cap as long as I have a job offer from the employer. I will have to get my head around this points system etc but do you think FSW is a more realistic option as long as I have enough score? Maybe I should call CIC to see if it's possible to know how many applicants they had so far for CEC.

 

[canuck_in_uk]

Seems like the major requirements for CEC are the proof to show that I worked in Canada for at least 12 months continuously and proof to show my language skills, which don't seem to be a huge challenge, but I noticed there is a cap of 8,000, which sounds pretty competitive. Although there seem to be more requirements for Federal Skilled Worker class, CIC website says there is no cap as long as I have a job offer from the employer. I will have to get my head around this points system etc but do you think FSW is a more realistic option as long as I have enough score? Maybe I should call CIC to see if it's possible to know how many applicants they had so far for CEC.

http://www.cic.gc.ca/english/immigrate/cec/applications-accepted.asp. Total applications received towards the overall cap: 252 / 8,000.

If you are applying in October, you will be well under the CEC cap, unless your job is one of the NOC B occupations that fills up quite fast (there is a sub-cap of 200 for each NOC B occupation).

As you've said, CEC requirements aren't as strict as FSW, so CEC is the better choice if you qualify.

 

[pleasehelpus]

Fantastic, thanks for the link. My job is in NOC A Level so it should be ok. I saw on CIC website that they are implementing this new system called Express Entry in January, I will keep an eye on that one, too. Thanks for all the help, I just have to keep my finger crossed to get my work permit for now.

 

[pleasehelpus]

I originally though I was in NOC B but was actually in NOC A when I searched yesterday

 

[kamae]

Hi everyone.. I'd just like to ask if you know of any cases wherein CIC forgets to review an application? I am just wondering because my husband applied online from New Zealand. It has been 3 months and a week and we haven't received any updates yet. It says on the cic website that applications from NZ are processed in Sydney Australia and takes 3 months to be done. I'm just worried that they might have forgotten about it?

 

[fkl]

I see, I just checked my LMO application that has been submitted and there was a section “Expected Employment Duration” and we ticked the checkbox that says “permanent” as my company's intention was to keep me for as many years as possible. I hope this won't cause a problem though... I guess if ESDC(formerly HRSDC) would contact us if they question about this. Hopefully I will get the max 2 years.

Seems like the major requirements for CEC are the proof to show that I worked in Canada for at least 12 months continuously and proof to show my language skills, which don't seem to be a huge challenge, but I noticed there is a cap of 8,000, which sounds pretty competitive. Although there seem to be more requirements for Federal Skilled Worker class, CIC website says there is no cap as long as I have a job offer from the employer. I will have to get my head around this points system etc but do you think FSW is a more realistic option as long as I have enough score? Maybe I should call CIC to see if it's possible to know how many applicants they had so far for CEC.

I accidentally saw your post. A BIG NO. If you put "permanent" in job type for a temp work permit, there is a good chance that CIC would refuse your application and would instead ask you to apply for a PR to match a permanent job. I have been through this exact process, so i know the details. Just get a job offer that covers up to 4 years. It doesn't matter if your offer letter says permanent job. Your LMO shows the rough duration and your work permit application should match the time frame.

In general the max time i have seen issued for a single work permit is around 3 years (mine is almost for 3). CIC issues it up to passport's expiry of applicant.

The standard cumulative time frame limit for a temp worker is 4 years maximum. However, NOC 0 or A is an exception. However, this means that if you are NOC B, you cannot stay in Canada for more than 4 years on work permit. Of course it does not apply if you get a PR during that time.

 

[fkl]

Hi everyone.. I'd just like to ask if you know of any cases wherein CIC forgets to review an application? I am just wondering because my husband applied online from New Zealand. It has been 3 months and a week and we haven't received any updates yet. It says on the cic website that applications from NZ are processed in Sydney Australia and takes 3 months to be done. I'm just worried that they might have forgotten about it?

A lot of applications are delayed often for much longer. If the standard processing time quoted for visa office has passed, you should contact CIC asking for update (email is a good option) or use a "case specific inquiry form" that is available on each embassy's website under "contact this visa office" usually. You should include your full name, DOB, passport number and any application tracking number that you have.