Urgent: Advice needed on extending a Work Permit!

[UmYeah]

Hi all,

I'm hoping someone can point me in the right direction to get this sorted, it's stressing me out.

I moved to Canada from Australia on a sponsored Work Permit. I work in a specialized field so extending my work permit has never been an issue. My common-law partner moved over with me and her two year Work Permit is about to expire in April. Thinking proactively, we submitted an application to extend her Work Permit last month. Unfortunately, we just received a letter saying that the application was denied because she does not work in a field that could not be done by a local resident.

I still have another year left on my Work Permit and am looking to gain permanent residency at the end of the year. We have lived here together for almost 2 years and are considered common-law partners. Does she need to leave the country in April to reapply for a Work Permit? That seems like an awful waste of money. What can we do?

[job_seeker]

How did your partner get her two year WP? Did you come to Canada together as CLP?

Hi all,

I'm hoping someone can point me in the right direction to get this sorted, it's stressing me out.

I moved to Canada from Australia on a sponsored Work Permit. I work in a specialized field so extending my work permit has never been an issue. My common-law partner moved over with me and her two year Work Permit is about to expire in April. Thinking proactively, we submitted an application to extend her Work Permit last month. Unfortunately, we just received a letter saying that the application was denied because she does not work in a field that could not be done by a local resident.

I still have another year left on my Work Permit and am looking to gain permanent residency at the end of the year. We have lived here together for almost 2 years and are considered common-law partners. Does she need to leave the country in April to reapply for a Work Permit? That seems like an awful waste of money. What can we do?

[UmYeah]

Thanks for the reply.

I arrived in Vancouver in October 2009, she came over 5 months later in March/April 2010. I'm on a skilled Work Permit sponsored by the company I work for, she has a 2 year open work permit. So no, we didn't come over together as Common Law Partners.

Is it possible to register as CLP and resubmit her application? If so, how?

The CIC.gc.ca site is so damn confusing.

[UmYeah]

Any suggestions?

[UmYeah]

Additionally, every time I try and call CIC on 1-888-242‑2100 I am told that "all agents are currently busy and to call back later" then the line goes dead. I'm surprised that they don't have some sort of call queue. I can't seem to get any information from anyone! It's becoming increasingly frustrating.

[ragluf]

May I ask, how did your partner obtain the open work permit? Did you include here as CLP in your WP application?

You need patience with CIC 1-888-242‑2100. Usually I try to call in Wed-Thurs around 3-4pm and am lucky to get one after 10-20mins on-hold.

[job_seeker]

How did she get the OWP?

Thanks for the reply.

I arrived in Vancouver in October 2009, she came over 5 months later in March/April 2010. I'm on a skilled Work Permit sponsored by the company I work for, she has a 2 year open work permit. So no, we didn't come over together as Common Law Partners.

Is it possible to register as CLP and resubmit her application? If so, how?

The CIC.gc.ca site is so damn confusing.

[UmYeah]

How did she get the OWP?

May I ask, how did your partner obtain the open work permit?

It's a working holiday VISA.

I finally got through to CIC yesterday and the helpful chap on the other end of the line might have lead me int he right direction. He pointed me towards this: (Damn, can't post links to CIC site).


Your spouse working in Canada

Spouses or common-law partners who want to work while in Canada must apply for their own work permit. Normally, they must meet the same requirements as you, including obtaining (if required) a labour market opinion from Human Resources and Skills Development Canada.

However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if:

You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification.

Note: If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including:

A letter from your current employer confirming employment or a copy of your employment offer or contract; AND
A copy of one of your pay slips.


According to that, I should be able to resubmit her application along with photocopies of my work permit and claim her as a CLP. It looks like the NOC list is down so I can't check to see if my occupation is listed as skill 0/A/B, but I work in IT so I'm assuming it's one of those.

Is there anything else I should know before sending this application off? I'd hate to waste another $150 submitting an application that's just going to get rejected.

[ragluf]

I came down the same path (open work permit for my spouse) - but in my case, my original work permit application already had a spouse declaration. In your case, in the original application or in any work permit extensions, did you declare your spouse as CLP?

If not, I would advise you to contact (sorry about that - I know you had a hard time getting through) CIC again - and this time, ask if you can resubmit/apply for an open work permit for your spouse, but you have not declared her as CLP previously.

Also - I initially thought I can apply for my spouse on her behalf, but was not able to - she has to apply individually for an open work permit but referencing my documents/employment contract/work permit. You can apply using the online application method which is much faster in our experience.

hope this helps.

[UmYeah]

In your case, in the original application or in any work permit extensions, did you declare your spouse as CLP?

Unfortunately not, my work permit was organised through the company I work for. Basically their lawyers organised it all for me, my spouse didn't come over until 4 months later as she had study commitments.

If not, I would advise you to contact (sorry about that - I know you had a hard time getting through) CIC again - and this time, ask if you can resubmit/apply for an open work permit for your spouse, but you have not declared her as CLP previously.

Yeah I finally got through to CIC the other day (only took 2 hours of constantly ringing only to have an automated voice say "Try again later"). I mentioned this to the CIC rep and he basically said to do what you suggested here:

Also - I initially thought I can apply for my spouse on her behalf, but was not able to - she has to apply individually for an open work permit but referencing my documents/employment contract/work permit. You can apply using the online application method which is much faster in our experience.

So this is what we're trying now. My spouse will reapply for an open work permit but this time she'll send along a copy of the following:
 - Copy of my Work Permit
 - Copy of my offer of employment/contract
 - Copy of my recent payslip

Just wanted to confirm that I'm not missing anything. As I said, I'd hate to waste another $150.

[ragluf]

A few pointers I picked up along our application process (well I wasted $$$ before)...

1. She has a visa already - I surmise she has a client ID.
2. If both of you are in Canada, use CIC's online application process for in-country applications - processing is much faster than a paper application. You will need the Client ID to login.
3. You can always send a paper application, but if you look at the processing times, paper applications take much longer.

As this is a work permit application, I would advise that you download the latest paper forms from CIC - especially the guide as reference. They usually update every few months.

She is now the one declaring the common-law union (you did not during your work permit application) - she will have to using form IMM5409E (paper application). There maybe some additional requirements needed to show proof of CLU - to take note of it. If using the online application - take note of the section 'Marital Status' - there may be a drop-down menu to select CLU.

Another thing - the marked difference between the paper application and the online application is that the doc checklists are different. The online application provides you a shorter list of documents you have to attach/upload. The paper application gives you a checklist - but allows you to add additional documents in support of your application. You can also do this on the online application, but it is not stated - so a lot may err in just uploading the listed documents and not adding in supporting documents which can aid a lot in getting the work permit approved.

It does not hurt for you to create a letter in support of her application - you as her spouse requesting approval of a work permit for her. You may describe your relationship, your current work status, your company and your position, and your plans to apply for PR and settle in Canada. You can also state there also the reasons why she was not declared initially in your work permit application as CL spouse. Anything which can help but do not overwrite - 1-2 pages should be enough. Make it compelling as if a story. 

Same for her - but for her it will be a preface letter to her application. Essentially stating the reasons why she is applying and adding details about your work (i.e. you have a contract/employment with a company, you and her have been in the country for x years, entered the country under what type of visa. These  details which will be reinforced by later by your own letter included in the application.

Now sending it - it depends on your choice, paper or online application. For paper applications, any supporting document that you think will show proof of your work, her work, both of your status, your union, add it. Make sure you also mention these documents as part of your application - work it in your letter. This is to draw the attention of those in CIC to read through these supporting documents base the approval using all of the available information you provided.

If you use the online application - the system prompts you only for documents you will need to upload. I suggest you scan any supporting documents (your letters, her letter, etc.) as part of a single file and uploaded as the first document in the checklist. This is to ensure that when CIC reviews it, the first file they download includes already these supporting documents, and it will be included in the first pages they review when looking over her application.

Also, for explanations on CIC's online application, there is a limit on the number of words. Make sure you have MS Word or Notepad to just copy and paste and further edit your explanation. This saves you the frustration when CIC refreshes in the middle of your edits or if your explanation exceeds the word limit.

Paper application - use registered mail/courier. Makes sure you can track the receipt of your application and gives you peace of mind somebody received it.

\Good luck and bless you both in your application!