Work Permit

[TFS]

Scenario:

Jim (American Citizen), married to Jane (Guatemalan citizen). Jane lives in Guatemala. Jim is an Accountant and lives in Calgary, Alberta and is on a work permit that expires June 15, 2019, his work permit is LMIA exempt.

Questions:

1. Can Jane fly to Canada without any prior authorization and apply at a Point of Entry for a work permit?

2. Is Jane eligible for a work permit by virtue of being Jim's wife?

 

[PMM]

Hi

Scenario:

Jim (American Citizen), married to Jane (Guatemalan citizen). Jane lives in Guatemala. Jim is an Accountant and lives in Calgary, Alberta and is on a work permit that expires June 15, 2019, his work permit is LMIA exempt.

Questions:

1. Can Jane fly to Canada without any prior authorization and apply at a Point of Entry for a work permit?

2. Is Jane eligible for a work permit by virtue of being Jim's wife?

1. No, if she doesn't have a US green card, she needs a temporary resident visa (TRV) http://www.cic.gc.ca/english/visit/visas-result.asp?q2=no&country=GT&result=1
2. Yes, if Jim''s occupation is in NOC A, B or O. See:http://noc.esdc.gc.ca/English/noc/welcome.aspx?ver=16

 

[TFS]

How do I find out about his occupation on that link? He is an Accountant for an Excavation company in Canada on a work permit.

Also, do you know where in the IRPA or IRPR it states the relevant sections for question 1? Why would she need a US Green Card?

 

[canuck_in_uk]

How do I find out about his occupation on that link? He is an Accountant for an Excavation company in Canada on a work permit.

Also, do you know where in the IRPA or IRPR it states the relevant sections for question 1? Why would she need a US Green Card?

https://www.canada.ca/en/immigratio...ligibility/find-national-occupation-code.html

You misunderstand PMM's answer. Guatemala is a non visa-exempt country, so like all Guatemalans, the wife requires a TRV to come to Canada, regardless of the status of her husband. The only exception to that would be if she had a US Green Card. Also note that as she is not visa-exempt, she doesn't qualify to apply for a work permit at a POE.

 

[TFS]

If Jane is not submitting her work permit application online, and cannot get a permit at POE, which visa post would she submit her paper-based application if she lives in Guatemala wanting to come to Canada, and who would process it? Or would Jim have to do that since spouses and children are admitted under NAFTA?

Also, If Jim is LMIA exempt and is a NAFTA Professional (Accountant), would his daughter who is in Kindergarten (age 4) and is dual US Citizen/Guatemalan Citizen, need a study permit to attend school in Canada under the rules currently in force?

 

[canuck_in_uk]

If Jane is not submitting her work permit application online, and cannot get a permit at POE, which visa post would she submit her paper-based application if she lives in Guatemala wanting to come to Canada, and who would process it? Or would Jim have to do that since spouses and children are admitted under NAFTA?

Also, If Jim is LMIA exempt and is a NAFTA Professional (Accountant), would his daughter who is in Kindergarten (age 4) and is dual US Citizen/Guatemalan Citizen, need a study permit to attend school in Canada under the rules currently in force?

She can apply online or mail her application to the VO that serves her country. She will not be admitted under NAFTA; she will be applying for an OWP based on being the spouse of a skilled worker.

His child can enter as a visitor and attend school without a study permit.

 

[TFS]

Ok because this is what I found...

• Spouses and children are also admitted as dependents, along with the principal NAFTA worker. Spouses of the principal NAFTA worker can apply for an open work permit at the same time as the principal applicant.

So, does that mean since she did not apply for an OWP when Jim did his application, she has to do it separately?

 

[canuck_in_uk]

Ok because this is what I found...

• Spouses and children are also admitted as dependents, along with the principal NAFTA worker. Spouses of the principal NAFTA worker can apply for an open work permit at the same time as the principal applicant.

So, does that mean since she did not apply for an OWP when Jim did his application, she has to do it separately?

As I said, she will apply for the OWP based on being the spouse of a skilled worker. There is no different applicaiton because her spouse is a NAFTA worker.

 

[TFS]

Thanks. So the dad does not need to submit an application for a TRV or eTA for the child correct?

What are some examples of documentations Jill would have to submit to the VO in support of her application (aside from application forms and fees)?

 

[canuck_in_uk]

Thanks. So the dad does not need to submit an application for a TRV or eTA for the child correct?

What are some examples of documentations Jill would have to submit to the VO in support of her application (aside from application forms and fees)?

As a US citizen, the child does not need a TRV or eTA.

https://www.canada.ca/en/immigratio...vices/work-canada/permit/temporary/apply.html

 

[TFS]

Thank you.

Assume that the wife's application is approved and she and her daughter enter Canada. What if the daughters' visitor record is only valid for 6 months. If they want to extend the daughters visa, done by paper form and not online, and not at the POE, what would have to be done? Do you have a link I can look at for the forms or documents required, and where the application would be sent too?

 

[canuck_in_uk]

Thank you.

Assume that the wife's application is approved and she and her daughter enter Canada. What if the daughters' visitor record is only valid for 6 months. If they want to extend the daughters visa, done by paper form and not online, and not at the POE, what would have to be done? Do you have a link I can look at for the forms or documents required, and where the application would be sent too?

They can ask on entry for the child to be issued a visitor record for the same length as the parents' status. Otherwise, they would need to apply to extend her visitor status.

 

[TFS]

Thank you.

What if the husband who is in Canada on a work permit and is a NAFTA professional, decides he wants to go to school while still working. Obviously, he will need a study permit now to attend school.

Does he just submit a regular study permit application to the Canada Visa Office? or does he go to POE?

and

Does all the processing take place in Canada as that is where he is currently living?

 

[TFS]

Also, the study program is 9 months and part-time in Accounting (same field he works in)

 

[TFS]

Hi there, I am not sure if you are still here to answer.

But instead of applying for a TRV, shouldn't she just apply for an OWP(Outland), being a spouse of a skilled worker in Canada, first, and when she receives it, she will automatically get an eTA to travel to Canada?