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could my fiance apply for an open work permit?

bunny82

Star Member
Sep 27, 2014
127
0
My fiance and me will be getting married in June. Can't wait. We will then also start the process for me to sponsor him, and hopefully get documents ready early on to get a head start. He will be applying outland, since it is faster and because he has his work in the States. I have been told by someone recently though that because we are married, he may be able to apply for an Open Work Permit here, so that we don't have to be separated for the duration of the paperwork etc. (I am hearing it could now be up to 10 months vs 6 months because of backlogs). Is this true? Would he be eligible for an Open Work Permit and able to live and work here while waiting for the papers to go thru?
Thanks.
 

Ponga

VIP Member
Oct 22, 2013
10,152
1,331
Job Offer........
Pre-Assessed..
He would only be eligible for an Open Work Permit, if he were to come to Canada and submit an Inland application. The OWP is not available to an Outland applicant.

He can still come to Canada to visit you at any time during the processing of his application (or even...now). He can even be in Canada when the Outland application is submitted.


Good luck!
 

Sheps

Hero Member
Apr 29, 2014
336
16
Winnipeg, MB
Category........
Visa Office......
CPC-M/CPC-O
Job Offer........
Pre-Assessed..
App. Filed.......
13-02-2015
Doc's Request.
UPFRONT
Nomination.....
(Wife)
AOR Received.
08-04-2014
Med's Request
Upfront
Med's Done....
06-01-2015
Interview........
WAIVED
Passport Req..
WAIVED
VISA ISSUED...
14-07-2015
LANDED..........
18-07-2015
That said, since he is from the United States, if he is employed as one of the following:
Code:
Appendix 1603.D.1, a list of over 60 occupations, is the mechanism by which selected professionals can enter Canada to provide their services.
Code:
ist of eligible professions under the NAFTA Professionals category
Profession	Minimum education requirements and alternative credentials (in a related field or profession)
Accountant	Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.

Architect	Baccalaureate or Licenciatura Degree; or state/provincial licence. (“State/provincial licence” and “state/provincial/federal licence” mean any document issued by a state, provincial or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.)

Computer Systems Analyst	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years' experience.
Note:
“Post-Secondary Diploma” means a credential issued, on completion of two or more years of post-secondary education, by an accredited academic institution in Canada or the U.S.
“Post-Secondary Certificate” means a certificate issued, on completion of two or more years of post-secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.

Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)	Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Note: For the purposes of this provision, a disaster shall be an event so declared by the Insurance Bureau of Canada or sub- committee thereof through activating the Insurance Emergency Response Plan.

Economist	Baccalaureate or Licenciatura Degree

Engineer	Baccalaureate or Licenciatura Degree; or state/provincial licence

Forester	Baccalaureate or Licenciatura Degree; or state/provincial licence

Graphic Designer	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

Hotel Manager (See note below for further details.)	Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Note: This provision refers to a management position to which other managers report, e.g., general manager, director. It also refers to specialty managers, e.g., food and beverage managers, convention services managers within a hotel.

Industrial Designer	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

Interior Designer	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

Land Surveyor	Baccalaureate or Licenciatura Degree; or state/provincial/ federal licence

Landscape Architect	Baccalaureate or Licenciatura Degree

Lawyer (including Notary in the Province of Quebec)	LL.B., J.D., LL.L, B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar

Librarian	M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
A librarian must have either:
a Master of Library Science degree; or
a Bachelor of Library Science and another baccalaureate degree which was necessary to enter the B.L.S. program.

Management Consultant	Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Notes:
A management consultant provides services which are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems. The management consultant does not take part in the company's production but seeks to improve the client's goals, objectives, policies, strategies, administration, organization, and operation. Generally a management consultant is hired on contract to do project work to deal with specific issues or problems.
A management consultant may provide the following range of services:
conduct a comprehensive examination of the client's business to isolate and define problems;
prepare a presentation and report all findings to the client;
work with the client to design and implement in-depth working solutions.
Management consultants assist and advise in implementing recommendations but do not perform functional/operational work for clients or take part in the company's production.
Any training or familiarization that is provided to management and personnel on an individual or group basis:
must be incidental to the implementation of new systems and procedures which were recommended in the management consulting report;
must be performed by permanent (indeterminate) employees of the recommending American or Mexican management consulting firm.
Typically, a management consultant is an independent contractor or an employee of a consulting firm under contract to a Canadian client. A management consultant can also occupy a permanent position on a temporary basis with a Canadian management consulting firm.

Mathematician  (including statistician and Actuary)	Baccalaureate or Licenciatura Degree
An actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society operating the territory of at least one of the Parties

Range Manager/Range Conservationalist	Baccalaureate or Licenciatura Degree

Research assistant (working in a post-secondary educational institution)	Baccalaureate or Licenciatura Degree

Scientific Technician/ Technologist	Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.
Note:
A baccalaureate degree is not normally held by a scientific technician/technologist; therefore, an applicant must possess the skills noted above.
Basic research is theoretical or conceptual and is not conducted with a specific purpose or result in mind. Applied research is conducted with a practical or problem solving purpose in mind.
Additional guidance (as agreed to by all parties of the Working Group, Dec. 2001):
Individuals for whom ST/Ts wish to provide direct support must qualify as a professional in their own right in one of the following fields: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.
A general offer of employment by such a professional is not sufficient, by itself, to qualify for admission as a Scientific Technician of Technologist. The offer must demonstrate that the work of the ST/T will be interrelated with that of the supervisory professional. That is, the work of the ST/T must be managed, coordinated and reviewed by the professional supervisor, and must also provide input to the supervisory professional's own work.
The ST/T's theoretical knowledge should generally have been acquired through the successful completion of at least two years of training in a relevant educational program. Such training may be documented by presentation of a diploma, a certificate, or a transcript accompanied by evidence of relevant work experience.
Use the National Occupational Classification (NOC) in order to establish whether proposed job functions are consistent with those of a scientific or engineering technician or technologist.
Not admissible as ST/Ts are persons intending to do work that is normally done by the construction trades (welders, boiler makers, carpenters, electricians, etc.), even where these trades are specialized to a particular industry (e.g., aircraft, power distribution).

Social Worker	Baccalaureate or Licenciatura Degree

Sylviculturist (including Forestry Specialist)	Baccalaureate or Licenciatura Degree

Technical Publications Writer	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

Urban Planner (including Geographer)	Baccalaureate or Licenciatura Degree

Vocational Counsellor	Baccalaureate or Licenciatura Degree
He may be eligible to apply for a OWP at a port of entry.

See here for more information: http://www.cic.gc.ca/english/resources/tools/temp/work/International/nafta.asp
 

scylla

VIP Member
Jun 8, 2010
93,257
20,688
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Sheps said:
That said, since he is from the United States, if he is employed as one of the following:

He may be eligible to apply for a OWP at a port of entry.

See here for more information: http://www.cic.gc.ca/english/resources/tools/temp/work/International/nafta.asp
He still will not qualify for an OWP. Under NAFTA, he would qualify for a regular CLOSED work permit provided he has a full time job offer in Canada.