OWP from outside Canada for my common-law

[dziend0bry]

Hello again!

I'm still wondering about the best way to take my common-law partner with me to Canada (i have IEC but isn't activated yet, and my girlfriend is in the pool)

And i've just read about something like OWP outside Canada, we checked if she was eligible and... she is!
So our situation looks: both of us are still in Poland, only i have WP from IEC WH, so is it worth to start applying for OWP for her?

If yes, we'd go to Canada in Feb 2021, i'd activate my WP and she her own.

but....

Even is she received it, would she be able to apply for IEC WH during that year? I'm asking for it because if it was possible, we'd like to do the same with me. When my IEC will be about to expire, i'd apply for OWP based on my girlfriend's IEC, i hope you understood



Thanks for your help!


PS. In the form "find if you're eligible" she answered for this question

Will you be coming to Canada with a spouse or common-law partner who is, or will be, working in Canada as a foreign worker or who is, or will be, a full-time student at a university, community college, CEGEP or other authorized educational institution? (required)



"yes"

Because... i will be working in Canada as a foreign worker, won't i?

 

[k.h.p.]

My understanding is that you could potentially apply for a work permit for her, after you have obtained a skilled job (ie NOC 0 A or B) and have worked there for some time and can show payslips.

I do not believe you can obtain a work permit for her if you just hold and IEC and before you've gotten a job.

See here: https://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

I am quite possibly entirely incorrect.

 

[dziend0bry]

My understanding is that you could potentially apply for a work permit for her, after you have obtained a skilled job (ie NOC 0 A or B) and have worked there for some time and can show payslips.

I do not believe you can obtain a work permit for her if you just hold and IEC and before you've gotten a job.

See here: https://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

I am quite possibly entirely incorrect.

I don't believe as well, but based on the information in the form on cic.gc.ca where we answered for each questions truthfully (we aren't in Canada yet, we don't have job offer etc. etc) she is eligible... that's why i decided to ask here.

It's complicated.

 

[k.h.p.]

On what application/link are you answering those questions?

Often they turn on a tiny, tiny word difference: such as if you answered that you are a foreign worker and said that she doesn't have a job offer, then it may say eligible - but you're not a foreign worker yet since you don't have a job. Just a POE instruction letter.

 

[dziend0bry]

We are using this form.

https://www.canada.ca/en/immigration-refugees-citizenship/services/come-canada-tool.html

And there you have PDF with our answers.
Based on them, she is eligible.

And she didn't answered that I AM a foreign worker, because in the question was: is or WILL BE. And yes - i will be.

https://drive.google.com/file/d/1O_z8nSqpA8JLP_AQ3o2RalJ5z8QNyJJ9/view?usp=sharing

There is PDF

 

[k.h.p.]

It's hard for me to answer this question. There is a challenge with the word "foreign worker." If you say in the questionnaire that you are not the spouse of a foreign worker but are the spouse of someone who is working in Canada, you're ineligibhle.

If an IEC visa holder is considered a foreign worker, then MAYBE you can apply outside Canada. But if an IEC visa holder, without a job, is not yet a foreign worker, then you can't.

This one you may need to ask IRCC.

 

[dziend0bry]

Ok, i will ask IRCC. Thank you!

 

[k.h.p.]

In many other places on this forum, people clearly say the IEC holder needs to demonstrate employment in order for a spouse to get an OWP: https://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-for-an-open-work-permit-as-spouse-has-iec.432014/

That means job offer letter, paystubs, and meet the NOC requirements.

 

[scylla]

Hello again!

I'm still wondering about the best way to take my common-law partner with me to Canada (i have IEC but isn't activated yet, and my girlfriend is in the pool)

And i've just read about something like OWP outside Canada, we checked if she was eligible and... she is!
So our situation looks: both of us are still in Poland, only i have WP from IEC WH, so is it worth to start applying for OWP for her?

If yes, we'd go to Canada in Feb 2021, i'd activate my WP and she her own.

but....

Even is she received it, would she be able to apply for IEC WH during that year? I'm asking for it because if it was possible, we'd like to do the same with me. When my IEC will be about to expire, i'd apply for OWP based on my girlfriend's IEC, i hope you understood



Thanks for your help!


PS. In the form "find if you're eligible" she answered for this question

Will you be coming to Canada with a spouse or common-law partner who is, or will be, working in Canada as a foreign worker or who is, or will be, a full-time student at a university, community college, CEGEP or other authorized educational institution? (required)



"yes"

Because... i will be working in Canada as a foreign worker, won't i?

You can't apply while you are outside of Canada.

You must wait until you have arrived in Canada and have secured a NOC A, B or 0 role, have started in that role, and have at least three payslips to include in her OWP application.

The "will" in the statement above refers to indviduals who are on closed work permits tied to specific employers where their NOC and job is already confirmed. Doesn't apply to you since you are on an open work permit.

It's a no go until you are in Canada and working in a qualifying role.

 

[k.h.p.]

Again, the IRCC page (not the questionnaire, which merely says whether or not you "may" be eligible) says that you must be the spouse of a skilled worker in Canada on a visa. To be a skilled worker, you need proof of employment: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17

 

[dziend0bry]

In many other places on this forum, people clearly say the IEC holder needs to demonstrate employment in order for a spouse to get an OWP: https://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-for-an-open-work-permit-as-spouse-has-iec.432014/

That means job offer letter, paystubs, and meet the NOC requirements.

I have seen it and read, so that's why i was prepared for this and we'd like to cross the border together but i with my IEC and she with visitor status, and after getting job in NOC B, got 3 payslips, we'd like to apply for her OWP, but recently i've discovered this option so i'm confused.

I'm going ask IRCC, we will see.

 

[dziend0bry]

You can't apply while you are outside of Canada.

You must wait until you have arrived in Canada and have secured a NOC A, B or 0 role, have started in that role, and have at least three payslips to include in her OWP application.

The "will" in the statement above refers to indviduals who are on closed work permits tied to specific employers where their NOC and job is already confirmed. Doesn't apply to you since you are on an open work permit.

It's a no go until you are in Canada and working in a qualifying role.

Ok, understood, everything is clear.

Thank you a lot for help!

 

[k.h.p.]

Fair enough.

I am going to revise my opinion and rather strongly state that you're not a foreign worker until you're actually working. @scylla's point about closed work permits being foreign workers is totally correct, since you need to have employment confirmed before you get that permit.

With an IEC POE letter, you're not yet a worker. You're someone hoping to be.

 

[dziend0bry]

Fair enough.

I am going to revise my opinion and rather strongly state that you're not a foreign worker until you're actually working. @scylla's point about closed work permits being foreign workers is totally correct, since you need to have employment confirmed before you get that permit.

With an IEC POE letter, you're not yet a worker. You're someone hoping to be.

So we have only one option, cross border as visitor and wait till i get job and payslips

Btw - do you know if it takes really almost 80 days to consider application for OWP? I saw today proccesing time for OWP i was shocked!

 

[scylla]

Ok, understood, everything is clear.

Thank you a lot for help!

Also note that one of the explicity requirements of the IEC program is "not be accompaied by dependents".

https://www.cic.gc.ca/english/work/iec/eligibility.asp?country=pl&cat=wh&#country_category_name_cont

Again, OWP is certaily an option. But not until after you are in Canada and have been working for around a month and a half.