Can I get an open work visa if my common-law husband is Canadian?

[Micah Jo]

Hello! I'm in a bind and looking for advice.

I'm an American, but I've been living in Canada for a year with my Canadian boyfriend (with a visitor's visa). We plan on applying for common-law status soon, but he doesn't think he makes enough currently to be able to sponsor me for permanent residency. He asked for me to get a work visa so we can boost our income so I can (hopefully) one day be sponsored. Understanding from the main visa site, though, you have to have an offer of employment first before applying for a visa. Then I saw that you could get an open work visa if your common-law partner has a work visa for a specialty job. I don't feel like I have any skills that would appeal enough to employers to sponsor me (I went to university in the US for 6 years, but only 3 years of unrelated job experience), so this journey seems like a rough one for me. If I could just get a regular job it would be easier -- I've never been one to know how to find GOOD jobs, not even when I lived in the US -- so if getting an open work visa is at all possible I think it's my best answer. My BF (soon-to-be common-law husband) works as a welder, and is Canadian. I can't find any info if that's a way for me to get an open work visa, since he doesn't have a visa himself... obviously.

If anyone could lend any advice I'd greatly appreciate it. I feel pretty hopeless at this point.

Thank you if you can help me on this.

 

[scylla]

No - unfortunately you don't qualify for an open work permit right now. You would only qualify for an OWP if your husband was a foreign worker (not Canadian) here on a skilled work permit. Since he's Canadian, this rule doesn't apply and you are out of luck.

If you want to work now, you will first have to find an employer who is willing to offer you a job. That employer will then have to obtain an approved Labour Market Opinion - and then you'll be able to apply for a close work permit tied to that specific employer.

If your boyfriend at some point sponsors you for permanent residency AND you apply using the inland / within Canada method - then you will qualify for an open work permit once the application has first stage approval. First stage approval is currently taking 11 months to complete.

Note that there is no income requirement to sponsor a spouse or common law partner. As long as your boyfriend is not bankrupt and not on welfare, he can sponsor you now.

 

[scylla]

If anyone could lend any advice I'd greatly appreciate it. I feel pretty hopeless at this point. I graduated with a degree in art and have been doing commissions sporadically for the last year to help bring in money but it hasn't been enough to cut it. Now I have to actually get out there somehow, and I don't know the best way to do it.

Careful with this. What you're doing is illegal work and a violation of your visitor visa - and if you're caught, it means you can be removed from Canada.

 

[Micah Jo]

Oh crud, really? Even if all my commissions have been from America? It's been family/friends who have been helping out on my journey up here commissioning me (again, I've done like 5 throughout the whole year.) I'll be sure not to do it if it's illegal, thank you for the advice.

 

[scylla]

If the commissions are purely from the US - then you're fine. Make sure you don't do anything where you are getting money from Canadians or you are getting money from anyone living in Canada.

 

[NetMecca]

Hi

Not sure if this would work, but I have come accross some possibility of getting a open work permit if you have a student visa. Not sure if this would make a difference since the studies will quite possibly cost more than you earn, but, there may be some courses or studies you could do, that would qualify under a student visa, and OPW.

I have also seen some comments about NAFTA agreement programs. Might be worth a hard look at as well. Since you have already completed some studies, this may open some doors for you.

I would explore this further if I was in your shoes.

Oh and do not assume you cannot get a job. I would give that a good solid go if I were you.

And of course continue pursuing earnings from outside of Canada. I agree this will not likely prove an issue here.

Good luck