spousal open work permit NAFTA

[anand02120]

Hello All,

Apologies if this has been asked before. I couldn't find the answer so posting. My wife who is a US citizen got a job in Canada and will be applying for her work permit at the port of entry.

As her spouse, will I be able to travel with her and apply at the border as well? I am an Indian citizen and residing in India currently. With Coronavirus in full swing, I would like to avoid waiting for 5 weeks and applying from India if possible due to the uncertain political climate.

Thank you for your help!

 

[canuck_in_uk]

Hello All,

Apologies if this has been asked before. I couldn't find the answer so posting. My wife who is a US citizen got a job in Canada and will be applying for her work permit at the port of entry.

As her spouse, will I be able to travel with her and apply at the border as well? I am an Indian citizen and residing in India currently. With Coronavirus in full swing, I would like to avoid waiting for 5 weeks and applying from India if possible due to the uncertain political climate.

Thank you for your help!

You do not qualify to apply for a work permit at a POE. You can apply for a TRV and if approved, apply from within Canada for a work permit. Alternatively, you can wait until she gets her work permit and then apply for a work permit from outside Canada.

 

[anand02120]

You do not qualify to apply for a work permit at a POE. You can apply for a TRV and if approved, apply from within Canada for a work permit. Alternatively, you can wait until she gets her work permit and then apply for a work permit from outside Canada.

Would a TRV just be a tourist/visitor visa?

 

[scylla]

Would a TRV just be a tourist/visitor visa?

yes

 

[anand02120]

yes

Thank you. 1/ Do my chances of approval for an open work permit reduce if I apply from inside Canada?
2/ Also I noticed that for TRV there is a tourism and a visitor visa. Which one should I be applying for given my intent to eventually apply for a an open work permit from inside Canada?
3/ Do I declare my intent to apply for a work permit inside Canada if asked by the immigration official during my visa interview/border?
4/ My intended duration of stay would at least be 2-3 months as that is the average processing time for an open work permit if applied from within Canada. Would a Canadian border official be ok with this or would they get suspicious? Even though we plan to stay in Canada for 1-2 years I am not sure how a border official would perceive this. The reason I want to apply from Canada is so that I can be with my wife to help her settle in but my concern is that they could think that I was trying to by pass their rules (avoiding to apply from outside Canada)

I do have extensive travel history to EU and US over the past 10 years. Does that help with this?

 

[canuck78]

Thank you. 1/ Do my chances of approval for an open work permit reduce if I apply from inside Canada?
2/ Also I noticed that for TRV there is a tourism and a visitor visa. Which one should I be applying for given my intent to eventually apply for a an open work permit from inside Canada?
3/ Do I declare my intent to apply for a work permit inside Canada if asked by the immigration official during my visa interview/border?
4/ My intended duration of stay would at least be 2-3 months as that is the average processing time for an open work permit if applied from within Canada. Would a Canadian border official be ok with this or would they get suspicious? Even though we plan to stay in Canada for 1-2 years I am not sure how a border official would perceive this. The reason I want to apply from Canada is so that I can be with my wife to help her settle in but my concern is that they could think that I was trying to by pass their rules (avoiding to apply from outside Canada)

I do have extensive travel history to EU and US over the past 10 years. Does that help with this?

TR. is not really the right visa so it could be refused because you are not a temporary visitor and should be applying for a SOWP. You can certainly try to apply for a TRV but would suggest going straight for the SOWP. Your choice. Assume you have checked the CUSMA (new NAFTA) if she is relying on the agreement.

 

[nyman_queens]

Thank you. 1/ Do my chances of approval for an open work permit reduce if I apply from inside Canada?
2/ Also I noticed that for TRV there is a tourism and a visitor visa. Which one should I be applying for given my intent to eventually apply for a an open work permit from inside Canada?
3/ Do I declare my intent to apply for a work permit inside Canada if asked by the immigration official during my visa interview/border?
4/ My intended duration of stay would at least be 2-3 months as that is the average processing time for an open work permit if applied from within Canada. Would a Canadian border official be ok with this or would they get suspicious? Even though we plan to stay in Canada for 1-2 years I am not sure how a border official would perceive this. The reason I want to apply from Canada is so that I can be with my wife to help her settle in but my concern is that they could think that I was trying to by pass their rules (avoiding to apply from outside Canada)

I do have extensive travel history to EU and US over the past 10 years. Does that help with this?

Were you able to get TRV or SOWP for urself from india?

 

[Naturgrl]

Were you able to get TRV or SOWP for urself from india?

This is on the NAFTA now USMCA permits for American citizens, so not relevant to you as you are from India.

 

[nyman_queens]

This is on the NAFTA now USMCA permits for American citizens, so not relevant to you as you are from India.

I think you are mistaken. if a USC is trying to acquire Canadian WP, they can include their spouse (anywhere in the world) to get TRV or SOWP,
please see similar thread where this is was discussed:


https://www.canadavisa.com/canada-immigration-discussion-board/threads/nafta-work-permit-can-i-bring-my-foreign-spouse.596305/

 

[Naturgrl]

I think you are mistaken. if a USC is trying to acquire Canadian WP, they can include their spouse (anywhere in the world) to get TRV or SOWP,
please see similar thread where this is was discussed:


https://www.canadavisa.com/canada-immigration-discussion-board/threads/nafta-work-permit-can-i-bring-my-foreign-spouse.596305/

Sorry you didn’t say you were a US citizen. It is possible but not guaranteed. You may want to get to Canada and work so as to provide employment letter, pay stubs etc.

 

[nyman_queens]

It is just me or it looks like IRCC just does not issue SOWP so easily?
whats the underlying reason for this?