Open work permit while awaiting PR

[boaz]

Hi,

I just received my sponsor approval and I have a question related to that.
My partner is joining me in Canada very soon and BEFORE our visa office will grant her (hopefully) the PR. Obviously, she's coming as a tourist and not as a PR holder yet. I heard that some people in some circumstances can ask and grant an open work permit on the border when they arrive. My question is therefore if this can be the case for us too. Is it possible to get this permit on the ground that your PR visa is in process (in stage 2, after the sponsor [me] got approval)?? Does anyone have experience with that ??

I will be thankful to hear any experience you might have with that or any knowledgeable advice you may have.
Thanks!

p.s – my partner is from a visa exempt country (Israel).

 

[OhCanadiana]

Hi,

I just received my sponsor approval and I have a question related to that.
My partner is joining me in Canada very soon and BEFORE our visa office will grant her (hopefully) the PR. Obviously, she's coming as a tourist and not as a PR holder yet. I heard that some people in some circumstances can ask and grant an open work permit on the border when they arrive. My question is therefore if this can be the case for us too. Is it possible to get this permit on the ground that your PR visa is in process (in stage 2, after the sponsor [me] got approval)?? Does anyone have experience with that ??

I will be thankful to hear any experience you might have with that or any knowledgeable advice you may have.
Thanks!

p.s – my partners is from a visa exempt country (Israel).

The spousal sponsorship application you have in process does not give her any grounds or eligibility regarding a work permit.

She'd have to get a work permit just like any other person based on a job offer (with LMO) or any special program she may be eligible for.

 

[scylla]

Open work permits at the border are only available in specific circumstances. Those circumstances include spouses accompanying their partners who are coming to Canada on a study visa and spouses accompanying their partners who are coming to Canada on a skilled work visa.

Those who have been sponsored by their Canadian spouses outland do not qualify.

So unfortunately there is zero chance she will be granted one at the border. I'd recommend you not ask at the border in case immigration officials take this question the wrong way. Keep in mind that being visa exempt doesn't automatically guarantee your partner will be admitted to Canada.

 

[scylla]

I would personally ask once you are in Canada (i.e. call the CIC hotline or something like that). Yes - she has dual intent. However that's still not a 100% guarantee she'll be admitted (that decision is entirely in the hands of the immigration officer).

Best practice at the border is only answer questions you've been asked and don't offer up extra information.

I would stay away from questions that might make the immigration officer think your partner has plans to work even though she's not allowed to. I know that's not her intent (i.e. she has no plans to work without authorization). However you have no control over how the immigration officer might read into the question.

Anyway, obviously your call.

 

[scylla]

Just to be clear, whether you ask about the open work permit at the border or call CIC once you have entered Canada - your partner still won't qualify for one (spouses/partners sponsored outland do not qualify for an open work permit). However if you want to verify the information you're hearing here - I'd recommend you call after you've entered Canada and not do this at the border.

 

[rjessome]

That is true, but I believe immigration officers at the border would also know that a PR application is in process. The meaning of that to the best of my knowledge is that she (my partner) has a dual intent the moment she arrive: 1. she's asking to enter Canada as a tourist 2. she's also asked for a PR already. I think that it makes a lot of sense to be able to work while she wait. If not, Can we ask for it inside Canada after she arrives?? would it be better to do that?

Yes, the CBSA officers will know that an overseas PR application is in process and the Class underwhich she applied. However, no OWP will be given as there is no Regulatory requirement to do so unlike In Canada Class applications after approval in principle has been received. So no, it won't happen. You can ask of course.