Working Holiday visa to Open work permit or other???

[jack29]

Hi all, Me and my girlfriend arrived in Vancouver October 2012 from the UK and both want to extend our stay.

Ive been doing some research into the new work permit process but havent seen much on people applying for open work permits. On the CIC website it says under who is allowed to apply for an open work permit can be someone on the IEC program (working holiday visa). Has anyone done this or know more about this.

to fill you in, since November i have been working at a helicopter company in Vancouver just helping out the engineers which was a job i luckily fell into and now is something im interested in becoming a career. So I started out this job just helping out but im pretty much an unoffical apprentice now. Come winter i will get the oppotunity to be an offical apprentice with another company one of the head engineers has on the side when he leaves this company

My girlfriend works part time as an english tutor in Richmond. We are not common law, we have been together for over 6 years but when we arrived in canada was when we offically started living together (as in england we were students so never had the same address) and got a joint bank account. So im guessing during the application process we will still be classified as single.

So i would be extremely grateful if anyone has some advice on the type of visa which is best for me and best for her. Does everyone applying for any type of visa (other than working holiday visa) require a LMO or PNP.

Thank you for any help you can provide.

 

[amikety]

Based on what you've stated, there isn't any reason you could apply for an Open Work Permit. However, the IEC is one type of OWP - but you must apply for the IEC, not just an OWP. OWP are for very specific circumstances and nothing I've read or seen would fit into your situation. (Even being married to a Canadian citizen and residing in Canada doesn't let me have an OWP.)

If you qualify and are allow - apply for a new IEC with plenty of time remaining on your current IEC visa as they are not extendable (therefore no Implied Status).

If you qualify for CEC or PNP in your province, you may apply for a Bridging OWP as part of the application process. It's doubtful your gf will qualify for CEC with part time work. Minimum is 30 per week (on average) for 1 year. However, as soon as you become Common-law, you can add her to your application, even if it's after you have applied.

You may want to start discussing the prospect of a LMO now with your employer or future employer. If you're an existing employee, LMOs are typically easier to get. There were major changes to the LMO process recently, but I don't remember seeing anything to effect maintaining a current employee, except there is now an application fee for the LMO, which the employer must pay and cannot ask you to repay.

PNP is provincial nominee program. Nothing to do with work permits

 

[jack29]

Thank you very much, i sort of figured it was for special situations.

When applying for the LMO does my employer need to advertise the job for 2 weeks even though im already in the job and have been for nearly 6 months?

And again thanks for the info on girlfriends situation, i sort of figured part time would be harder. and had back up plans if i was successful and she isnt which are like you said when the visa expires we would have lived together for a year and also a week after it expires we would have had a joint bank account for a year which are i believe the two things you need to be classed as common law. and my other plan was she would apply in January (when new ones are released) for a new working holiday visa as i beleive you are allowed 2.

Also what is the name of the work permit I would be applying for as looking at the application form, its a bit confusing with the drop down list which are: Open work permit, Seasonal Agricultural work program, live-in caregiver program, off-campus work permit, post graduate work permit, co op work permit.

 

[amikety]

I'm not sure what you qualify as (What your NOC code is - which you will need to learn to apply for PR)... but here is HRSDC's website and they have a ton of good information. They actually authorize the LMOs, not CIC.

http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/index.shtml

I don't believe the employer needs to advertize for an existing employee or has to jump through the same hoops to prove they couldn't find a suitable Canadian.

As long as you qualify as Common-Law, you can sponsor her as your spouse (CL). Just wait 1 year and 1 day before submitting the application. You should include joint bank accounts, lease, and the Declaration of Common-Law form notarized. Other things, like some pictures of you together and letters from friends or family that know you're a couple should be included too. The exact requirements differ from program to program and country to country (just to confuse us) so the exact items you will need for CEC or PNP may be different. I'm part of Family Class - so I listed things I know we need for that category.

If you apply for a LMO, you would apply for a closed work permit. Once you get the LMO, you could just go to the US's border and apply there, as long as you take all requirement documents and have money for the fee. At the same time, if you prefer to apply for a BOWP, first you'll need to change your status to visitor until you get the BOWP, then include that application with your CEC application. It's very unlikely your gf will get a LMO, btw. They are generally for full time work only (30 hours or more). (That's considered full time to CIC now - if she's working more than 30 on average, she's technically full time.)

I can no longer get into MyCIC since they changed the sign in authorizations (long story, my bank is stupid) so I can't quite help you with the drop down list. You may have selected "extend" my status. Try selecting "Change" my status. That may help. Keep in mind, you're a worker now, but your visa isn't extendable, so your options are a little screwy compared to most. Might be easier to go to the US border!

 

[scylla]

I don't believe the employer needs to advertize for an existing employee or has to jump through the same hoops to prove they couldn't find a suitable Canadian.

There is only one scenario where advertising isn't required before applying for an LMO: if the person who is employed holds a Post Graduate Work Permit.

Otherwise (unfortunately) the employer must still jump through all of the same hoops and advertise the job before applying for the LMO.

 

[jack29]

Thank you very much for this information. Its all very helpful.

Ive done some research into what NOC code i am. At the moment I am 7612 (other trades helpers and labourers) as the title aircraft mechanic helper seemed to fit nicely into what I am doing. But an apprentice aircraft mechanic's code is 7315 which is the job offer I will get come the end of the year. Quite possibly at my current job they might not mind labelling me as an apprentice for the application if that is better than being general help and would boost my chances.

Thats a shame about them having to advertise the job i have been in for 6 months, hopefully they wont mind as its just 2 weeks. I feel more bad about giving people false hope as they will be emailing for a job not really on offer.

How long does the LMO application take? The website is quite unclear with it saying anywhere between 2-25 weeks. hardly gives you an idea.
Also if i change jobs while on the work permit, does the new emplyer have to apply for an LMO? im fairly sure this is a yes but just making sure as like I have said I am likely to follow one of the aircraft mechanics into his business when he goes into it full time come the end of the year.

Thanks again

 

[scylla]

Thats a shame about them having to advertise the job i have been in for 6 months, hopefully they wont mind as its just 2 weeks. I feel more bad about giving people false hope as they will be emailing for a job not really on offer.

How long does the LMO application take? The website is quite unclear with it saying anywhere between 2-25 weeks. hardly gives you an idea.
Also if i change jobs while on the work permit, does the new emplyer have to apply for an LMO? im fairly sure this is a yes but just making sure as like I have said I am likely to follow one of the aircraft mechanics into his business when he goes into it full time come the end of the year.

I would expect the LMO to take a couple of months. Yes - if you change jobs you'll need a new LMO and a new work permit.

I'm not sure you completely appreciate the role and importance of the advertising requirement and the impact it could have on the LMO and you. It's not just red tape. It is there because the employer is obligated to prove there was no Canadian candidate to hire for the role. If Canadian candidates who could do the job end up applying, that means the position doesn't qualify for an LMO and they should be hiring the Canadian candidate and will not be allowed to hire you. The fact you are already in the role is immaterial. For the LMO to be approved, you want the job to be posted and have no one apply. This is what will prove they need you. This is what will get the LMO approved.

So if anyone ends up contacting the company about the position, the person you should feel bad for is yourself - not them.

 

[amira_mais]

Quite possibly at my current job they might not mind labelling me as an apprentice for the application if that is better than being general help and would boost my chances.

Thats a shame about them having to advertise the job i have been in for 6 months, hopefully they wont mind as its just 2 weeks. I feel more bad about giving people false hope as they will be emailing for a job not really on offer.

You should be aware that both the above scenarios constitute fraud under the Immigration and Refugee Protection Act and regulations, with resulting consequences for both the employer and worker.

Also if i change jobs while on the work permit, does the new emplyer have to apply for an LMO? im fairly sure this is a yes but just making sure as like I have said I am likely to follow one of the aircraft mechanics into his business when he goes into it full time come the end of the year.

Correct. You cannot change jobs until your new employer gets an LMO and you get a new work permit tied to that LMO. Doing otherwise would be illegal.

 

[jack29]

I just want to say im sorry if what i said sounded arrogant. Im actually far from that and im far from confident that the LMO application will go fantasticly well. I really hope it does as 1) this oppotunity is amazing and im loving work and the guy i can go onto working with i have a huge amount of respect for and hope to work with him for a long time and 2) i love Canada, i have done since i was 12 and first came here to visit my uncle, aunt and cousins (Before coming here on the working holiday visa at 24, I came here most summers of my teen years and a couple times in my early 20s)


So if say 3-5 Canadians apply during that 2 week period and they look at their resume, even maybe have an interview and the person is clearly not right for the job im less likely to get a successful LMO just because some people applied?
Its weird you said about that as they were talking today about some of the apprentices they have had and interviewed in the past for example one 24/25 year old came to the interview with his dad with the Dad asking questions about the job and another apprentice refused to go up ladders which is something you will have to do most days on the job.

Also i didnt mean it to sound like i wanted them to lie on the application form about my job position, i meant to change my job title to an apprentice as the wage is pretty much the same and thats pretty much what i am. So nothing really has to change except the title.

Based on what you have told me and the research I have done, there is no real point in getting my current employer to applly for an LMO as my current visa is valid till the beginning of October and the job Im being offered wouldnt start till roughly November time so theres no point going through all the hassle of the LMO and visa twice just so i can work 6-8 weeks extra at my current job

Thanks again for your replies