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Applying for an open work permit as spouse has IEC

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nngafook

Full Member
Jun 28, 2016
30
3
Hi all!
My spouse received her approval letter to hand in for the work/visit permit when she lands in Canada.
I am applying for an open work permit as she will be working in NOC class B (I believe) and also will have status for more than 6 months.
My question is, will I be approved for the permit BEFORE she lands in Canada. We want to fly together, so I would prefer to get my permit before we go.
The questionnaire did ask if I am traveling with a spouse who has recently been approved for status, which makes me believe that my case is what they're referring to.

Also, during my application, the selection for the type of work permit that I am applying for seems strange. The only options that looked like they applied to me was Work permit with LMIA exemption, and work permit for spouse of skilled worker or international student.

When I selected the former option, I was being asked for job letters, and current employer letters and stuff as if I did have an LMIA, even though the option was LMIA exempt.
The latter did not ask for any work information, just the standard work and visitor forms, common law declaration and copies of passport and photo.

Does anyone have any insight for me by chance?

Thanks!!
 
You would have to apply as the spouse of a skilled worker and you would have to provide evidence that your spouses job is skill level B with a job letter, job duties etc.

If you are unable to get this before your spouse is going but you are visa exempt to Canada, you can go as a visitor and apply for the work permit later from inside Canada.

There is a good reply for your questions here: http://www.canadavisa.com/canada-immigration-discussion-board/spouse-open-work-permit-for-iec-workholiday-t278659.0.html in a post from last year.
 
So does she have to have a job already that's in that class before I can apply? I read online that I could apply for an open WP based on the fact that she has status for more than 6 months.
She probably has a job, but it may not be in that class, I have to double check.
In the case that she does not have that job, and I am also not visa exempt, what are my options? I tried applying for a regular visitors visa and was denied, but that was before she got her IEC.
I was denied cause I could not show any ties to my country of current residence. I.E. they believe that I would not leave canada. Which is funny cause we lived there for 6 years, and our lives are there, but we had to leave cause they denied our work permits last year. So now we're just trying to get back to our lives and hopefully get PR before the new work permits run out (providing I get one).
 
nngafook said:
So does she have to have a job already that's in that class before I can apply? I read online that I could apply for an open WP based on the fact that she has status for more than 6 months.
She probably has a job, but it may not be in that class, I have to double check.
In the case that she does not have that job, and I am also not visa exempt, what are my options? I tried applying for a regular visitors visa and was denied, but that was before she got her IEC.
I was denied cause I could not show any ties to my country of current residence. I.E. they believe that I would not leave canada. Which is funny cause we lived there for 6 years, and our lives are there, but we had to leave cause they denied our work permits last year. So now we're just trying to get back to our lives and hopefully get PR before the new work permits run out (providing I get one).
Click to expand...

She needs to provide hard proof that she has a full time job that is skill level A, B or 0. Otherwise you do not qualify for an open work permit. "Probably having a job" won't cut it. She needs a signed offer letter from her employer that states the job is full time. Otherwise you need to apply for a visitor visa if you want to accompany her to Canada now. If you have already been refused once - then I would not apply again. I would wait behind in your home country until your spouse has a job and then apply.
 
Agreed. In order to get an open work permit as the spouse of a skilled worker, you have to prove that your spouse is a skilled worker. If your spouse were getting a closed work permit for a A or B skill level job or an O skill type job, that would be sufficient as proof. However, as your spouse is on an open permit, it is upon you to show that your spouse is doing a skilled job. If your spouse doesn't currently have a job, then you can't apply for a work permit. You would have to wait for your spouse to get a job and then show that it is skilled in order to apply for a permit yourself.
 
Hey guys.
Thanks for the info so far. Just wanted your opinion on the current situation.

So I have applied for a work permit as a spouse of a skilled worker. And with my letter of explanation, I explained that I am applying because my spouse has been accepted into the IEC (i.e. collect permits at point of entry to canada), and I am applying for an open work permit. And I also attached the job description that my spouse is going to be working as, and a letter from the employers stating that they are hiring her.

My question is, even though my spouse doesn't have her permit yet, since she hasn't entered Canada yet, will they give me a permit to enter along with her? As I understand it, they would give me a permit for the same length that she has on her permit, but since she doesn't have it yet, would they just give me a letter like they gave her to get the papers upon entry, or would my spouse have to go before me and actually have the status in hand?

Thanks!
 
She needs to provide proof she has already started the job and it's NOC A, B or 0. She needs to provide one pay slip to prove she has started a job. You can't apply for the open work permit until this proof is available. So your spouse not only needs to arrive in Canada before you can apply for the open work permit, but needs to have started her job and received one full pay.
 
Hey.
Thanks for the reply!

So is that a definite necessity? I ask cause I'm hoping that I can fly with her and just want to be the exception to that rule :(
Do they state that my spouse needs to be working for x period before I can apply anywhere? Cause even in the application they didn't mention anything along those lines. If I can't, do you think they would give me a visitors visa based on the same criteria, so that I can fly with her, and just apply for the work permit from up there? Or would the visitor's probably require the pay slip and stuff too?

Just wanting confirmation, not doubting you, but you know how it is when you're somewhat desperate for some good news, you want to question anything you're told and hope that there's some chance that the information is wrong.

Thanks again very much. Hope I don't offend you by questioning you.

Cheers! :)
 
Leon and I have already answered your question fully several times. I don't think there is any further assistance we can provide.
 
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