giving work for my foreign spouse (chile)

[Raym]

hi everyone and thank you in advance if anyone can give me a little help.I am living as a tourist in chile since four months,last month i have married a chilian citizen,and now my brother in canada have buyed a buisness in canada and he want me to go back to work for him but we we're wondering if its possible to make my wife also come to work,or maybe spousal sponsorship is the only option,anyone can tell me what would be the most advisable way for us to follow and the more fast(very original i know),sorry everyone if my english is horrible im a french speaker.

other infos:im 29 ,my chilian wife is 21.The buisness my brother aquired is industrial tools buisness computers work,delivery and warehouse work will be required,my wife speak english and spanish,i own a house in new-brusnwick and the buisness of my brother is located in quebec....if i forget any information usefull for you good peoples to help me please ask.thank for any help really the gov site are so complicated you need to be lawyer(wich im not) to understand anything.

Raymond and Javiera

 

[agarand8]

I think you are only finding the website difficult because of a partial language barrier maybe?

Anyways, its really up to you of what you want to do. If you want to live in Canada long term you might as well get started on the paperwork for spousal sponsorship. Looking at processing times out of the chile office it says a work permit can be approved in just one month but permanent residence applications are taking 18 months.

Go to the website, click "work" and then under "get a work permit for:" chose "temporary workers" and do some reading
about workers visas cause I don't really know what is involved in the application. Seems like it would be the good choice since its so much quicker to get but long term it might be better to apply for permanent residency.

 

[Raym]

thank you very much! i was just wondering if the fact that shes my wife can complicate the procedure to get a work visa.it seem not to be the case(right?),so getting her in canada on a work visa and then applying for sponsorship from inside of canada,does that seem a good way to go for ? oh and sorry if that wasnt posted at the good place,i understand english at a OK level,but im not computer savy at all.Thanks a lot!

Raymond

 

[agarand8]

If you think she is likely to be given a work Visa then this way makes the most sense. You should know though that if you apply for Spousal Sponsorship from inside of Canada, you will have to remember to renew her workers visa if necessary. And Also i dont think she will be able to leave Canada at all until the residency application is approved.

Maybe someone else who knows more about work visas could give some advice???

 

[Raym]

we can renew her working contract as much as we want so thats not a problem,and her staying in canada is not a problem at all,do you or anyone else see any problems or something wrong in our plan before we start the procedure

 

[canuck_in_uk]

we can renew her working contract as much as we want so thats not a problem,and her staying in canada is not a problem at all,do you or anyone else see any problems or something wrong in our plan before we start the procedure

It isn't quite that easy.

In order to get a work permit, your wife needs a job offer with a positive Labour Market Opinion. An LMO basically says that a business can hire a foreigner instead of a Canadian citizen or PR. Your brother will need to first secure the LMO before your wife can even apply for a work permit.

It costs $275 to apply for an LMO; the fee is non-refundable even if the LMO is refused. Prior to applying, the employer must advertise the job for 4 weeks (and continue to advertise it throughout the LMO processing time) to be able to show that there wasn't a suitable applicant in Canada.

Read here http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/changes.shtml

Just so you know, it can be difficult for spouses of Canadian citizens and PRs to get any type of visa or permit (TRV, work or study). A person has to show strong ties to their home country to get the visa but CIC will usually see the Canadian spouse as the strongest tie and consider the applicant at risk of overstaying.

 

[Raym]

=( well i see,it will be months and months of waiting for the sponsorship then,and nothing to help as i will just go back to canada i will not have a job right away,i own a house still,do you think i nshould start the procedure for sponsorship as soon as i land or i should wait till i hit a job?should i get the papers like the police clearence and medical exams and others while im here in chile and get those back with me in canada to get translated in canada,or that should be mailed from here,sorry we are totally new to thoses kind of things and a little bit panicked.thank a lots for your help

 

[Raym]

hi,i just found that chile have an agreement with canada(like with us and mexico) and because of that suppoosedly no LMO is needed,do someone know about it?

 

[Rob_TO]

hi,i just found that chile have an agreement with canada(like with us and mexico) and because of that suppoosedly no LMO is needed,do someone know about it?

Canada has no agreement with any country in this regards. Any non-Canadian whether they are American, Mexican or Chilean, MUST have a valid open work permit of some kind, or an LMO from a specific employer, before being allowed to work in Canada.

 

[canuck_in_uk]

hi,i just found that chile have an agreement with canada(like with us and mexico) and because of that suppoosedly no LMO is needed,do someone know about it?

The Canada-Chile Free Trade Agreement allows for some workers with the required credentials in very specific categories and occupations to work without an LMO. Have a look here http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/chile-chili/chap-k26.aspx?lang=en.

From the description you provided, the job your brother is offering doesn't fall under the agreement. Your wife would still require an LMO.

Canada has no agreement with any country in this regards. Any non-Canadian whether they are American, Mexican or Chilean, MUST have a valid open work permit of some kind, or an LMO from a specific employer, before being allowed to work in Canada.

Though all nationalities must obtain a work permit for Canada, those that qualify under NAFTA and other FTA agreements don't need an LMO.

 

[Rob_TO]

Though all nationalities must obtain a work permit for Canada,

Yes, this is the main point I was trying to make. He made it sound like certain countries were exempt from this.

 

[Raym]

thank you all for your help,now i get it,this forum is very usefull,as i dont have acces to internet all the time you guys are very helpfull,and for my other statement what do you think i should do about when to start procedure,do i wait to hit back a job or i apply as soon as i get in and find a job on the way?and do anyone think its possible my wo-ife will be home with me before one year or i dream?santiago state 18 months,its kinda unreal to me,i found 2 guys that had make come there spouse from chile and both said it take them a little over 200 days.

 

[kyc221]

If you're not receiving money from the Canadian government while you're looking for a job (I think it's called welfare?), and you can still support yourself and your wife, there's no reason to wait to get a job before applying. In that sense, I would gather all the papers needed and apply as soon as possible, including proof that you're looking for a job (I thought your brother was offering you one?)

An important note: Papers you collect in Chile need to be officially translated (birth and police certificates, i.e.). That means that after getting the document, you have to take it to the Ministerio de Relaciones Exteriores to be translated and stamped. After that is done, they need to be taken to the Canadian Embassy to be stamped. So consider that when planning your strategy.

 

[Raym]

ok ,yeah no problem i receive no money from the governement.Can i have the document translated in canada or it need to be here in chile?

 

[kyc221]

Official documents (such as police certificate, birth certificate and Hoja de Vida del Conductor) need to be translated in Chile, since they have to be stamped by the Ministerio de Relaciones Exteriores to prove that they're "real".

The idea is that you get the document, stamp it by an nationally recognized entity (Ministry) to say they are real. You have them translated by an official translator, who has the power to say "this is what the document legally and literally says", and in Chile these official translators are in the Ministerio de Relaciones Exteriores. Once they're officially translated, they get stamped again to certify that the translator is actually an official one, and that his or her signature is legal. This also happens at the Ministerio de Rels. Exts. You can translate first and have all the stamps done at the same time. Finally, you have to take them to the Canadian Embassy to be stamped to certify that these are the legal documents and translations in Chile, as they are recognized by the Canadian entity (this makes the docs valid in Canada).

If you translated the documents in Canada, you still would have to have the documents stamped to prove they are legal in Chile. So you would still need to take them to the Min. de Rels. Exts. and the Canadian Embassy, and probably to a Chilean Consulate in Canada.