INLAND Spousal Application-help please!

[abisehiyo]

Hi, I wonder if somebody could help and guide me.
I got married to a canadian this year, its a genuine relationship. We met and got married in Nova Scotia. We decided to move here in Alberta almost 3 weeks ago because of his full time work. I am still on work visa/permit until dec10/10. I applied for a visitor visa 2 weeks ago, did not hear anything yet. I am already eligible to FSW (I am a nurse here) but did not pursue it as my husband wanted me to apply in a spousal sponsorship thinking I will be able to get an open work permit. I tried applying nursing jobs, done interviews and was liked by unit supervisors BUT would not be able to continue hiring me because I still need an LMO and new work visa, I was asked to come back again if I have an open work visa.
This is my question, we are just applying the Spousal sponsorship by ourselves, almost all documents are complete except for my medical examination tomorrow. After finishing that, we will submit our papers. How could I get an open work permit? Would I be able to get one even though I dont have an employer/not working now? Should I submit the application for OWV together with our papers? It is so hard to be a BUM and just to be in the house for 10 mos or more (as I have read the processing time) and also what breaks my heart is I couldn't send any money/help to my family in my country of origin.

Any comments and suggestions is greatly appreciated.

 

[RobsLuv]

If your current work permit is still valid and you apply for permanent residence inland, and include the extension/change of conditions application WITH the inland PR ap so that it's received by CPC-Vegreville before your current work permit expires, you're eligible to continue working under the terms of your original WP . . . unless it was a permit issued as a working holiday visa. Doesn't sound like it, though. If you got an LMO and a standard WP, you are eligible to keep working for that employer only, in the same position, until your inland PR application is assessed for first stage approval. That will take 8-9 months from the time the application is received - then, if you pass the initial assessment, you will be granted an open work permit. That allows you to continue working for any employer, in any position, until permanent residence is finalized.

From Section 186 of the Regulations:

186(u) A foreign national may work in Canada without a work permit until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

201(1) A foreign national may apply for the renewal of their work permit if (a) the application is made before their work permit expires; and (b) they have complied with all conditions imposed on their entry into Canada.

Again, you need to be sure that your inland PR ap and your extension request are received, together, by CPC-V before your current status expires - that's the only way this works. Track the mailing, get delivery confirmation and keep it as your proof that you're under "implied status". There are a few disadvantages to inland processing - no right of appeal, can't leave Canada during processing, and longer wait times than outland processing. But because you are in Canada now with a valid work permit, and you want to continue working while waiting for PR, it could be a good option for you.

 

[kiwikris]

As long as you are working and CIC receives your application before it expires you will be able to continue working on implied status. Not sure if you can change jobs though.
Definitely apply for OWP with your PR application that way when the sponsporship is approved you will get your OWP at the same time. One difference to robsluv though, I was on a working holiday visa and the same conditions applied about implied status. My visa expired and I was still able to work.

Good luck

 

[rjessome]

I applied for a visitor visa 2 weeks ago, did not hear anything yet.

But there could be a problem. I think (she should check) that she's negated her options of continuing to work on implied status now because she's already applied to change her conditions to become a visitor. Even if she sends in the OWP with the inland application, I don't think she will be able to work even if she includes the OWP application with it until she receives first stage approval because now there is already an application in process (visitor). I think her only option to continue working right now would be to get an LMO.

Hoping PMM reads this and can advise what is correct.

 

[abisehiyo]

Thank you rjessome, kiwikris, and robsluv.

I don't work anymore with my old employer in which I have a WV/WP in Nova Scotia. Since they did not follow my contract and broke it, they allowed me to leave even before my contract ended. Now we just moved here in Alberta, since my husband got a full time work, and I also tried applying to hospitals. Got accepted to one BUT because I am a temporary foreign worker that needs new LMO to be able to get a new work visa, it ended up not getting the job. They wanted me to come back if I already have my open work permit (in which I really don't know if I could get it without having new employer here in AB). Is my thinking right?
I applied for the extension of stay which is the visitors visa online 2-3 weeks ago.
I can't afford to just stay home and be a full time housewife for many reasons. My family in our country also needs me (financially). My husband could support me but not the help I give to my family. Is it really hard to get a POsitive LMO here in AB??

 

[PMM]

Hi

Thank you rjessome, kiwikris, and robsluv.

I don't work anymore with my old employer in which I have a WV/WP in Nova Scotia. Since they did not follow my contract and broke it, they allowed me to leave even before my contract ended. Now we just moved here in Alberta, since my husband got a full time work, and I also tried applying to hospitals. Got accepted to one BUT because I am a temporary foreign worker that needs new LMO to be able to get a new work visa, it ended up not getting the job. They wanted me to come back if I already have my open work permit (in which I really don't know if I could get it without having new employer here in AB). Is my thinking right?
I applied for the extension of stay which is the visitors visa online 2-3 weeks ago.
I can't afford to just stay home and be a full time housewife for many reasons. My family in our country also needs me (financially). My husband could support me but not the help I give to my family. Is it really hard to get a POsitive LMO here in AB??

Without a new LMO and new work permit, you won't be working until your "in-Canada" spousal application reaches the first level approval, about 8/9 months into the process.

 

[abisehiyo]

PMM,
Does it matter what type of job will I get for as long as I have a valid LMO/work permit?
thanks

 

[PMM]

Hi

PMM,
Does it matter what type of job will I get for as long as I have a valid LMO/work permit?
thanks

No,as long as you have an LMO and work permit for a specific employer.

 

[abisehiyo]

thats good to know. Anyway I am just sending our sponsorship application today. I finished medical exam today too, just photocopied and attached it to our application. I know it is a very long wait, I`ll keep on praying. Thanks!