Comman Law Partner Advise please

[Robinrnm]

Hi,

Here's the situation:

I have been offered a job in Vancouver and am going through the LMO application process and will hopefully start my job on 29th April 2013. My common law partner does not have a job offer but is looking. She has handed in her notice at work which is 3 months which means that she won't be on the plane with me when I go out to start work.

My question is: does she need her own work visa or can she just put a pack of information together explaining that we're common law partners and when she arrives I go to the airport to back her up?

She has been paying an agent in Toronto to sort it all out and they keep coming back for more money which as I can see it isn't necessary if she can b classed as my dependent.

Please help as the system seems so convoluted with no real explanations on how to do anything.

Thanks,

Robin

 

[Hols]

Hi Robin,

If your partner wishes to work then they will also require an LMO for a work permit. I am unsure however if you are landing as a TFW you would be unable to sponsor your partner to live in Canada. Have you received your positive LMO yet? If so how long did it take? I would also stop paying your agent unless they are giving you valid advice!

Cheers

Holly

 

[Robinrnm]

Hi Holly,

Am I classed as a TFW? I've got a permanent position offer.

So to be perfectly clear you think she will have to get her own LMO. What if she doesn't get offered a job by the time she comes out? Will she still be able to come out?

A friend did pretty much the same thing and his wife was just included in his visa pack that he produced when they landed.

Robin

 

[Hols]

If you are British then she would be able to land with a visitors visa for up to 6 months however I have found this on the cic.gc .ca /english/work/apply-who.asp

Can I ask how long your LMO took to be authorised please?

If you are authorized to work in Canada, your accompanying family members may also be able to work in this country by virtue of the permit you were issued. No other authorization is required. If they intend to work while in Canada, your accompanying family members should find out if they are eligible for an “open” work permit.

Open work permits allow them to work in any job with any employer. An open work permit also means that they may be hired without the employer having to obtain an LMO (the normal authorization required). Certain jobs may require medical checks or licensing from professional organizations. Accompanying family members’ work permits will be valid for no longer than the duration of your own work permit.

Typically, your spouse’s eligibility for an open work permit depends on the skill level of your job. If the job you are doing is listed as a National Occupational Classification (NOC) 0, A or B, your spouse or common-law partner could be eligible for an open work permit. You must also be authorized to work in Canada for a period of at least six months.

If you are working in an occupation that requires a lower level of formal training, your spouse may also be eligible for an open work permit through an active pilot project. Find out more.

In addition, your dependent children may be eligible for an open work permit through an active pilot project. Find out more.

Accompanying family members must always apply for their own work permits. They should apply for one at the same time as you, before entering Canada. Should the decision to work occur only after their arrival in Canada, they can apply once they are in this country.

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 the following:

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.

 

[Hols]

Hi Robin,

if you are applying for an LMO your application will be for TFW with a work permit, if you are hoping to apply for PR then you will require an AEO (currently mine is still in process and has been since Aug 2012) the LMO and TFW will get you to Canada quicker

What is your NOC Code?