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Work permit for common law

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Old Nov 12th 2010 | 5:37 am
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Question Work permit for common law

Hi All
I have a couple of quick ( Are they ever?) questions........
I have PR status in Canada, I work as a nurse. My partner is English also, he moved here in May. We are aware we have to live together for a year to e classed as common law, and that after that I can apply to sponsor him under spousal class.
My questions are:
* Once we have lived together a year, and he is my common law partner, can he apply for an open work permit as my spouse, so he can work while we wait for the spousal sponsorship?
* Before he moved here he was offered a truck driving job here, but the LMO wasn't approved. The same company are now readvertising, if he reapplys does that count as dual intent, or is it ok as he had previously applied from the UK?
Thanks in anticipation X
 
Old Nov 12th 2010 | 5:44 am
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Default Re: Work permit for common law

Hi

Originally Posted by alexlovesangels
Hi All
I have a couple of quick ( Are they ever?) questions........
I have PR status in Canada, I work as a nurse. My partner is English also, he moved here in May. We are aware we have to live together for a year to e classed as common law, and that after that I can apply to sponsor him under spousal class.
My questions are:
* Once we have lived together a year, and he is my common law partner, can he apply for an open work permit as my spouse, so he can work while we wait for the spousal sponsorship?
* Before he moved here he was offered a truck driving job here, but the LMO wasn't approved. The same company are now readvertising, if he reapplys does that count as dual intent, or is it ok as he had previously applied from the UK?
Thanks in anticipation X
1. If you are applying as "In Canada" spousal applicant (not recommended for visa exempt) he would include a request for an OWP with the sponsorship and application to Vegreville. It will take about 9 months to learn whether the application and OWP request is give 1st level approval. If it is, then he would be issued an OWP. He can't work until he receives the WP.
2. If you are applying for an "Out of Canada" sponsorship, he can't work and won't get an OWP. He will have to wait till he is "landed"
3. The only other way is for him to find an employer who is able to obtain a Labour Market Opinion from HRSDC after suitable advertising and demonstrating that there no Canadians/PRs available qualified for the position. He then can apply for a work permit at a Port of Entry, if the position doesn't require a medical.
4. Dual intent doesn't enter into, if he gets the LMO, then he applied for a work permit.
 
Old Nov 12th 2010 | 7:08 am
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Default Re: Work permit for common law

So, with regard to the LMO.....He is here in Canada, arrived in May, has applied for and is waiting to hear about an extension to the holiday visa.....but he can still apply for jobs that need an LMO? Even from within Canada?

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