Work Permit (Advice)

[Eddy070]

Can my spouse apply for Work Permit?
She is not from a Visa exempt country but on a TRV and currently here in Canada.
She now have a Job Offer/ Employment Letter and her PR outland application is already in process.

What is the possibility of getting Work Permit?

Please any idea/advice is welcome...

 

[job_seeker]

Are you here as a TFW or an International Student. If you are a student or a temporary foreign worker whose NOC is skilled, then your spouse can apply for an open work permit thru CPC-Vegreville.

Can my spouse apply for Work Permit?
She is not from a Visa exempt country but on a TRV and currently here in Canada.
She now have a Job Offer/ Employment Letter and her PR outland application is already in process.

What is the possibility of getting Work Permit?

Please any idea/advice is welcome...

 

[rjessome]

Are you here as a TFW or an International Student. If you are a student or a temporary foreign worker whose NOC is skilled, then your spouse can apply for an open work permit thru CPC-Vegreville.

No she can't. Initial work permits must be done at an embassy or consulate since she is not from a visa exempt country and may require a medical. She could apply through one of the consulates in the US since she is in Canada.

 

[job_seeker]

Was basing my comment on this:

Eligibility to apply from inside Canada

You can only apply for a work permit from inside Canada if:

you have a valid study or work permit, or your spouse or parents have a study or work permit


http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside

http://www.cic.gc.ca/english/pdf/kits/guides/5553E.PDF

Who may apply for a work permit from within Canada?
Important: The ability to apply in Canada does not guarantee acceptance. Eligibility criteria for the
category of work permit must be met.
The following persons may apply for a work permit from within Canada:
• Holders of work or study permits and their family members;
Note: Spouses or common-law partners of highly skilled temporary foreign workers, may
themselves be authorized to work without first having a confirmed job offer by Human
Resources and Social Development Canada (HRSDC confirmation). In the case of
workers destined for Quebec, without having to obtain a CAQ from the Ministère de
l’Immigration et des communautés culturelles (MICC). The principal foreign worker must
be doing work which is at a level that falls within National Occupational Classification Applying to Change Conditions or Extend Your Stay in Canada - Worker 9
(NOC) Skill Levels O, A or B in order for them to qualify for a work permit. These skill
levels include management and professional occupations and technical or skilled
tradespersons

 

[Eddy070]

Thanks everyone for your Advice.

I'm a Canadian but my spouse is on study permit (international student), so I understand she can apply for change of condition/ extension of stay...Example from study permit to initial work permit.

Another question? Since her job offer is under NOC B what is the possibility of getting initial work permit.
Pardon my question if it sounds silly.

 

[PMM]

Hi

Thanks everyone for your Advice.

I'm a Canadian but my spouse is on study permit (international student), so I understand she can apply for change of condition/ extension of stay...Example from study permit to initial work permit.

Another question? Since her job offer is under NOC B what is the possibility of getting initial work permit.
Pardon my question if it sounds silly.

She needs an approved Labour Market Opinion from the employer before she can apply for a work permit. Her employer must have advertised the job on the jobbank for 2 weeks and then applies for an LMO to HRSDC and has to prove that there are no Canadians/PRs available for the position.

 

[GoldenArm]

Hi

She needs an approved Labour Market Opinion from the employer before she can apply for a work permit. Her employer must have advertised the job on the jobbank for 2 weeks and then applies for an LMO to HRSDC and has to prove that there are no Canadians/PRs available for the position.

Surely not if she is married to a Canadian, as Eddy070 says he is?

Even my wife doesn't need an LMO to get an open work permit, and I'm not even Canadian - I have a TWP in a skilled occupation.

 

[scylla]

Surely not if she is married to a Canadian, as Eddy070 says he is?

PMM is correct. She needs an approved LMO and a work permit. Marriage to a Canadian alone does not grant you the right to work in Canada.

 

[GoldenArm]

PMM is correct. She needs an approved LMO and a work permit. Marriage to a Canadian alone does not grant you the right to work in Canada.

Wow, that's surprising. That means my spouse has more rights than the spouse of a Canadian!

I'm not complaining, but I would be if I was in Eddy's situation..

 

[job_seeker]

Being married to a Canadian does not automatically grant the spouse privileges. If the spouse is being sponsored in land then the spouse can apply for an OWP after the first stage approval is granted (could apply for the sponsorship and OWP at the same time); if outland has to wait till the PR application gets approved. Spouses of international students and skilled temporary foreign workers are granted OWP.

Wow, that's surprising. That means my spouse has more rights than the spouse of a Canadian!

I'm not complaining, but I would be if I was in Eddy's situation..

 

[Eddy070]

Being married to a Canadian does not automatically grant the spouse privileges. If the spouse is being sponsored in land then the spouse can apply for an OWP after the first stage approval is granted (could apply for the sponsorship and OWP at the same time); if outland has to wait till the PR application gets approved. Spouses of international students and skilled temporary foreign workers are granted OWP.

Based on your explanation,(if outland has to wait till the PR application gets approved)? Bcos it's already approved just waiting for the second stage to be done...meaning granting her PR Visa

 

[scylla]

Based on your explanation,(if outland has to wait till the PR application gets approved)? Bcos it's already approved just waiting for the second stage to be done...meaning granting her PR Visa

For outland - you must wait until BOTH the first and second stages are approved and until the applicant has landed in Canada to work.

You can only apply for an OWP after the first stage if you have applied inland.