Work visa while applying for PR

[Dozzy]

I am American, my husband is an ex pro hockey player (Canadian) so we have never had to be in Canada for more than 6 months in the past 6 years we've been together. He just retired and we came back to Canda on October 26, 2018 and I am not here on any type of visitor or working visa. But I am starting to apply for permanent residency from within Canada because he is now working here and we want to be together. I want to be able to work while my application is being processed, can I still apply for an open work permit even though I am not here on any type of "visitor" visa?
I am set to return to the states many times within the few months and will not be here for longer than a 6 month period, which is why I never got a visa of any type.
Thanks for the help! Danny

 

[monkeys89]

I am American, my husband is an ex pro hockey player (Canadian) so we have never had to be in Canada for more than 6 months in the past 6 years we've been together. He just retired and we came back to Canda on October 26, 2018 and I am not here on any type of visitor or working visa. But I am starting to apply for permanent residency from within Canada because he is now working here and we want to be together. I want to be able to work while my application is being processed, can I still apply for an open work permit even though I am not here on any type of "visitor" visa?
I am set to return to the states many times within the few months and will not be here for longer than a 6 month period, which is why I never got a visa of any type.
Thanks for the help! Danny

You have visitor status, as Americans are not required (and are not eligible) to receive a visitor visa.

If you are applying for PR from within Canada and will be returning to the US many times, you will not be considered as "within Canada" for the purposes of your application, as you are required to be "within Canada."

 

[Dozzy]

Okay, so I should be applying from "outside" of Canada.

 

[monkeys89]

Okay, so I should be applying from "outside" of Canada.

That's probably best if you will not be in Canada during the application. You should also be aware that you will not be eligible for a work permit outside of Canada.

 

[Dozzy]

That's probably best if you will not be in Canada during the application. You should also be aware that you will not be eligible for a work permit outside of Canada.

Sorry just for clarity. If I apply from outside of Canada then I can NOT apply for an open work permit? Because I need that work permit.

 

[monkeys89]

Sorry just for clarity. If I apply from outside of Canada then I can NOT apply for an open work permit? Because I need that work permit.

There are two kinds of applications for Canadian immigration. Outland and inland.

Outland applications mean you are not in Canada for the processing - you're outside of the country. You can also sometimes come into the country, but being granted admission for non-visa-exempt people is hard because of the PR application in process. Americans are visa-exempt, so you can likely enter without too many issues. You are not eligible for a work permit if you apply outland.

Inland applications mean you are in Canada for the 12 month processing and you do not leave. If you do leave Canada, you are no longer in Canada (self explanatory) and CIC may consider your in-Canada application abandoned. Additionally, if for any reason you run into an energetic CBSA officer, you may be denied entry to Canada if you leave. Some people report success in short, emergency trips (1-2 weeks) during the 12 month processing time, but not many.

Your situation is an odd one. You want to apply in-Canada to get the OWP but will not be in Canada for most of it. You may want to consult a lawyer.

An additional note - the OWP takes 3-4 months to receive before you are permitted to work. An outland US sponsorship is taking about 6 months to complete, per some reports. Maybe not much of a difference.