Open Work Permit Question

[coolkanadian]

Hi everyone,

Thank you all for your continued help and guidance. This forum is very helpful.

My wife is American and has been living on visitor visas since 2010. We have done absolutely everything legit and I have all visitor records to prove it. We were just very slow to start the sponsorship application...needless to say. If it is important, we got married two years ago.

We are just about to proceed with the sponsorship application. I also want to include an application for an open work permit for her so that if I am approved as a sponsor she can be granted a work visa right away.

She does not have an official job offer from anywhere. Is it necessary to fill out this section on the application? She intends on working as a waitress. If we do not include an offer on our application, in your opinion how likely is it that she will be granted a work permit? I was told American's who are applying for an open work permit during the sponsorship process are fairly likely to get accepted.

Again thank you for all of your help.

Regards,

Jordan

 

[Rob_TO]

Only those applying INLAND can get an OWP after stage 1 approval/AIP. Based on current times, she will get OWP after 10 months from submitting PR app. There is no job offer required.

If you apply OUTLAND, there is no OWP associated with that. However most likely with an outland app through CPC-Ottawa office, she would have full PR in around the same time it takes for just stage 1 inland. Also with an outland app she can come/go from Canada with visitor status as she pleases, whereas with inland app she is basically stuck in Canada for up to 18 months. In practically all cases, outland is the better/quicker choice for US citizens.

 

[coolkanadian]

Hi Rob,

Thank you for the speedy reply. To apply outbound do we just send our application to that processing centre? Also can you please elaborate on why she is not allowed to come and go during an inbound application? Sorry if I am very ignorant here. I basically just filled out the applications and was getting ready to send them to the case processing centre in Mississauga.

 

[Rob_TO]

Hi Rob,

Thank you for the speedy reply. To apply outbound do we just send our application to that processing centre? Also can you please elaborate on why she is not allowed to come and go during an inbound application? Sorry if I am very ignorant here. I basically just filled out the applications and was getting ready to send them to the case processing centre in Mississauga.

Outland apps (and Inland) apps all go to CPC-Mississauga first for stage 1. But for stage 2 processing, outland apps for US citizens are then forwarded by CPC-M to CPC-Ottawa. For inland apps stage 2 is processed in Vegreville. Typical time for US outland apps these days, is in the 10 month range.

With an inland app, it's not recommended for applicants to leave the country at all during processing. In case they are ever denied re-entry back into Canada (for whatever reason), the entire inland app is then cancelled and need to start again from scratch.

Outland application package is here: http://www.cic.gc.ca/english/information/applications/fc.asp
It's very similar to inland package. Most of the info is the same, and only a few forms are different.

 

[coolkanadian]

Very helpful. Thank you. As it turns out this is the application I have been filling out. Do you happen to have one for the inland application so that I can take a look?

 

[Rob_TO]

Very helpful. Thank you. As it turns out this is the application I have been filling out. Do you happen to have one for the inland application so that I can take a look?

Here is inland app package: http://www.cic.gc.ca/english/information/applications/spouse.asp

Don't confuse the 2!

Keep in mind there is NO OWP associated with outland app, so don't even bother applying for one if you go with outland.

 

[coolkanadian]

Excellent. Thank you very much. One last question if you do not mind. I heard that with the outbound you can drive to the border and request an OWP once the first step has been approved. Do you know anything about this?

 

[Rob_TO]

Excellent. Thank you very much. One last question if you do not mind. I heard that with the outbound you can drive to the border and request an OWP once the first step has been approved. Do you know anything about this?

No, you can't. There is NO OWP associated with an outland app, so wherever you heard that it's completely wrong.

The only ways she could get a work permit are:
- see if she qualifies for any jobs under NAFTA
- apply for OWP via the SWAP program for US citizens (has nothing to do with PR app)
- find an employer willing to go through LMO process to hire her (very difficult)

 

[coolkanadian]

Okay. Well again Rob I cannot tell you how helpful your replies have been. People like you are invaluable in processes like this. I will look into the SWAP program in the meantime. I have heard about it before.

Take care!

 

[scylla]

Okay. Well again Rob I cannot tell you how helpful your replies have been. People like you are invaluable in processes like this. I will look into the SWAP program in the meantime. I have heard about it before.

Take care!

Unfortunately SWAP won't work for your wife. One of the requirements is that you are currently enrolled or are a very recent graduate of (within the last six months) of a US university or college. If your wife has been in Canada since 2010 then I'm going to assume she doesn't meet that requirement.