When can I work in Canada?

[KingMidasInReverse]

I have been in Canada for over 4 years now on a visitors record. Most of this time we have been working on my wife's immigration to return with me to the U.S...Well it seems as though our hands are tied and we can go no further (lack of joint sponsor)..We have decided that it maybe I should just try for my permanent residency here in Canada..My question is, do I have to wait till I receive my PR before I can legally work in Canada? Is there some way I can work while it's being processed? Thanks in advance for any information..

 

[Leon]

Supposing your wife is a citizen or PR of Canada, she can sponsor you for PR. If you apply outland, through the US (supposing your are US), you could have your PR in about 6 months if all goes well. If you apply inland, you could have an open work permit in about 6 months if all goes well and PR in about a year to 18 months.

 

[KingMidasInReverse]

Thank you very much, Leon..Yes, she is a Canadian citizen and I'm a U.S. citizen..I suppose we would be applying inland as I am here in Canada and we don`t really want to be apart..Thanks again for your response

 

[PMM]

Hi

Thank you very much, Leon..Yes, she is a Canadian citizen and I'm a U.S. citizen..I suppose we would be applying inland as I am here in Canada and we don`t really want to be apart..Thanks again for your response

You can still reside in Canada (keep your status valid) and apply outland you know. It is the quickest for spousal applications (usually)

PMM

 

[Suin]

Hi

You can still reside in Canada (keep your status valid) and apply outland you know. It is the quickest for spousal applications (usually)

PMM

yes, that's right, but it will not work for a person who wants to start working right away. I guess, even inland application doesn't give such an opportunity right away. it makes outland application more attractive as it's pretty faster.

 

[nyssa]

KingMidasInReverse - I'd suggest you check out the website http://www.us2canada.com

It gives extremely helpful information for those of us immigrating from the US. Click on the link that says "Visiting" and you will have a detailed explanation of what PMM and Suin mentioned here. It is better for a US citizen to apply outland. Besides the time frame difference as Leon mentioned, you also cannot appeal if your application gets refused if you apply inland. In the long run, applying outland (especially for US Citizens) is the best route.

Best of luck to you!

 

[Girlash]

Is it ok to work as a trainee (without pay) while waiting for the OWP?

 

[Leon]

Thank you very much, Leon..Yes, she is a Canadian citizen and I'm a U.S. citizen..I suppose we would be applying inland as I am here in Canada and we don`t really want to be apart..Thanks again for your response

You do not have to be apart to apply outland. You would simply be requesting your application to be processed in your homeland which is your right.

Outland pros and cons:

+It's faster, you will have your PR in about 6 months
+You can travel while you wait.
+If an interview is required, it will not delay your application much
-If there's an interview, you'll have to travel to the US for it.
+If you are denied, you have the right to appeal.

Inland pros and cons

+Even though the application is slower, you will get an open work permit if all goes well.
-It's not advised to travel while you wait as if you are denied entry to Canada coming back, you lose your application.
-If an interview is required, you will be left in limbo, will not get an open work permit and your application may well be delayed by 1-3 years.
-If you are denied, there are no appeal rights.

There are some cases where inland would be a better choice, for example if the outland in the persons country is taking a long time or if it would be very expensive to travel there for an interview if that was requested or if the person being sponsored is pregnant and can't travel around that time but that's about it.

 

[Karlshammar]

Also, most outland applications through the U.S. will have you fully approved for PR before you would even see first-stage approval while applying inland. The only reason to apply inland that I can see would be an extreme condition like described in the last post.

 

[nyssa]

Leon you worded that perfectly. That should be a sticky!

 

[PMM]

Hi

Is it ok to work as a trainee (without pay) while waiting for the OWP?

No

PMM

 

[Suin]

Hi

Is it ok to work as a trainee (without pay) while waiting for the OWP?

No

PMM

PMM, please do explain more - why not? this way he will not be paid, so it shouldn't be against the law.

 

[PMM]

Hi

Hi

Is it ok to work as a trainee (without pay) while waiting for the OWP?

No

PMM

Because it is considered by CIC to be work, as all other trainees are probably paid. Same as volunteer work, if the position is normally paid then it is considered work, even if you are not paid.

From the Regulations

"“work” means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. "

PMM

PMM, please do explain more - why not? this way he will not be paid, so it shouldn't be against the law.

 

[Lylyth]

So technically even volunteering could be considered work?

My husband is volunteering at the hospital doing things like meals on wheels and tutoring kids in the high school...before he started he stated to them in no way, shape or form should he be paid and not even receive a gratuity or honorarium...is this still considered work?

 

[Suin]

it sounds like it is, but it's really strange to me.