Does SOWP holder need Lmia to get 600 pts in EE?

[jackmanalang]

I am posting in behalf of my friend. She holds spousal open work permit expires on August 2016. She and her husband are no longer living together (her husband is with the other girl) but they are not yet legally separated. She asked her husband to do the PR application but he refused to do it. My question is

1. As a spousal open work permit holder, Is she qualified to get the additional 600pts in EE if she will get a skilled position? Does she need the lmia to qualify for the additional 600pts?

Please help me enlighten her
Thanks

 

[scylla]

I am posting in behalf of my friend. She holds spousal open work expires on August 2016. She and her husband are no longer living together (her husband is with the other girl) but not they are not yet legally separated. She asked her husband to do the PR application but he refused to do it. My question is

1. As a spousal open work permit holder, Is she qualified to get the additional 600pts in EE if she will get a skilled position? Does she need the lmia to qualify for the additional 600pts?

Please help me enlighten her
Thanks

No - she is not qualified to get the additional 600 points. Yes - she certainly needs an approved LMIA to get the 600 points. It doesn't matter what kind of work permit she currently holds.

 

[scylla]

By the way: If she and her husband are no longer living together then it would be an immigration crime (fraud) for him to submit a PR application and include her as a dependent. If she wants PR, she needs to get it on her own.

 

[jackmanalang]

By the way: If she and her husband are no longer living together then it would be an immigration crime (fraud) for him to submit a PR application and include her as a dependent. If she wants PR, she needs to get it on her own.

Thank you so much for your immediate response. What is the best thing that she can do? Get divorced with her husband?