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Application for LMIA-exempt work permit and open work permit for husband

Application for LMIA-exempt work permit and open work permit for husband

Old Jan 7th 2017, 12:18 pm
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Default Application for LMIA-exempt work permit and open work permit for husband

Hi

I’m currently completing a Canadian visa application and am new to the forum. I’ve been searching through various posts over the last couple of days, and have picked up lots of really useful advice from regular posters, so thanks for this!

A quick bit of background: We’re UK citizens, I recently completed my PhD and have been offered a two-year post-doctoral position in Ottawa. I’m therefore applying for an LMIA-exempt work permit, and my husband is applying for an open work permit. We are completing all the applications via the cic online portal. I have a few specific questions about the applications that I would really appreciate some advice on. Some may have been addressed in other threads, sorry if so: I did spend some time searching previous posts!

1. First, I am unsure whether we need to sign all the forms by hand or not? I’ve read some conflicting instructions on the cic website.

2. I need to provide proof of work experience for the past 10 years. I think I should be able to obtain most of the details required quite easily, but perhaps not all, e.g. the signature of my immediate supervisor at the time, who has moved on now. I also think it unlikely that my previous employers will still hold the level of detail about me required. I wonder how anyone has handled this before?

3. I’m also required to provide an ‘Employment Reference Letter’ and also a ‘Letter from Current Employer’: based on the instructions, these appear to be pretty much the same thing: it is acceptable to upload the same document twice?

4. We are required to submit two photographs each: is it acceptable to submit scanned copies of passport photos, or is it best to take the photos with our own digital camera and upload? The instructions also state that name and date of birth should be written on the back of the photos: I’m assuming this applies only to paper applications as I can’t see how this is possible with an online application?

5. I can’t seem to be able to save a copy of the Family Representative Form to my computer, so am thinking that I will need to fill it in online, then print and sign it, then scan and upload it: is this what others have done?

6. My husband is required to submit a ‘Purpose of Travel – Other’ document, within which we prove that he is coming to Canada only for a temporary visit. We can’t provide evidence of a return ticket since we are planning to come for two years. Having read a few posts related to this on here, we plan to write a letter explaining the situation (e.g. that he will accompany me and we will leave at the end of the two years). Would this be acceptable? I also thought it might be useful to include a copy of our bank statement showing that we have the funds to book return tickets when the time comes, although I don’t really know if that would be taken seriously given that we could have spent the money by the time the two years is up!

7. Finally: my husband is currently completing a college course and so ideally I would travel out first to start the job and then he would follow around 4 months later. Have others done this before? Is this something that we would need to negotiate once our applications have been reviewed?

Sorry for the long post, and if some of these questions appear obvious: I just want to make sure we do everything properly! Really excited about making the transition to Ottawa and hoping to get the applications in soon!

Thanks in advance,

N
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Old Jan 7th 2017, 1:39 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

No need to do any of that providing the employer is part of the reciprocal agreement under Reg 205(c)(i)

International Mobility Program: Public policy, competitiveness and economy

This needs to be done to show that no LMIA is required.

The employer should be issuing a letter/offer of employment which you should bring along with a valid passport and eTA. The employers HR Dept should know what is required if they have hired Ph.D employees before. You just fly to Canada and request to be issued work permits. Work permits are $155 each and the SOWP also has a $100 processing fee to be paid on entry. If the SOWP is not arriving at the same time as the LMIA exempt worker then they would simply need a copy of their spouses work permit and proof of marriage or common law declaration to show they are married/common law to be issued with a SOWP and thats it for both of you.
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Old Jan 7th 2017, 10:47 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Hi Former Lancastrian

Thanks very much for your reply: I've seen your replies on similar posts relating to post doc visas, and had thought you might respond to this.

What you've outlined seems to be a lot more straightforward than the process we are currently following! Indeed I'd seen on this forum that others had followed a process similar to what you have outlined here, but I wasn't sure whether this applied to us as I haven't received this instruction from the HR Dept at my new employer in Canada. I've now forwarded the link to this post to check whether we can follow this process.

Just to confirm (because this seems to be too easy!): what you are recommending is that we do not need to complete any forms on the CIC website whatsoever before arriving, not even to obtain the work permit for myself? We simply arrive with my offer letter and other documentation as required?

Thanks also for your advice on us arriving separately. Another option is that we arrive together to obtain all of the necessary work permits but that my husband will stay for only a week or so initially, to get things set up e.g. a joint bank account, accommodation and so on, as I will likely need to begin my job right away. He would then return to the UK and fly out to Canada again once his studies are completed and begin to look for work. Would this approach be acceptable to immigration? I think I would prefer this as it means that we will gain all the required permits up front. I'm also assuming that gaining the work permits is a matter of procedure i.e. that it is unlikely that either of the work permits would be refused provided that we have all the necessary documentation and no criminal convictions etc?

One more quick question: my husband's passport expires in May 2018: will this be acceptable at immigration or would you recommend we pay to renew it early?

Thanks again,

N
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Old Jan 7th 2017, 11:27 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Originally Posted by N McCleary
Hi Former Lancastrian

Thanks very much for your reply: I've seen your replies on similar posts relating to post doc visas, and had thought you might respond to this.

What you've outlined seems to be a lot more straightforward than the process we are currently following! Indeed I'd seen on this forum that others had followed a process similar to what you have outlined here, but I wasn't sure whether this applied to us as I haven't received this instruction from the HR Dept at my new employer in Canada. I've now forwarded the link to this post to check whether we can follow this process.

Just to confirm (because this seems to be too easy!): what you are recommending is that we do not need to complete any forms on the CIC website whatsoever before arriving, not even to obtain the work permit for myself? We simply arrive with my offer letter and other documentation as required?

Thanks also for your advice on us arriving separately. Another option is that we arrive together to obtain all of the necessary work permits but that my husband will stay for only a week or so initially, to get things set up e.g. a joint bank account, accommodation and so on, as I will likely need to begin my job right away. He would then return to the UK and fly out to Canada again once his studies are completed and begin to look for work. Would this approach be acceptable to immigration? I think I would prefer this as it means that we will gain all the required permits up front. I'm also assuming that gaining the work permits is a matter of procedure i.e. that it is unlikely that either of the work permits would be refused provided that we have all the necessary documentation and no criminal convictions etc?

One more quick question: my husband's passport expires in May 2018: will this be acceptable at immigration or would you recommend we pay to renew it early?

Thanks again,

N
If its a 2 year work permit being issued then the passport arriving on must be valid for the 2 year period. At the moment its not.
As no LMIA is required then the POE procedure is quite easy however all documentation must be produced. The only potential problem at the POE is will the officer processing you know that your job is LMIA exempt and also exempt the $230 processing fee for the Ph.D work permit. The $155 fee is still payable.
Officers at POE's are CBSA officers and not CIC officers so sometimes there is a disconnect in level of knowledge.

From this link you can clearly see that no LMIA is required as this is stated

Award recipients paid by Canadian institutions

For the purposes of the LMIA exemption C44, IRCC defines “academic award” as an award that involves research work, including remuneration, offered by a Canadian academic institution. An academic award is granted strictly on the basis of academic excellence.
International Mobility Program: Public policy, competitiveness and economy

This link also confirms that the job is LMIA exempt under C44
International Mobility Program: Labour Market Impact Assessment exemption codes

This link shows that the Ph.D employment is also exempt from the compliance fee
under work related to a research program R205(c)(i)

Employer compliance fee exemptions

Check with the HR department if they have done this before. Personally I would prefer the POE method over the Application online but that will be your choice in the end as to how to proceed.
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Old Jan 8th 2017, 12:02 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Thanks Former Lancastrian. We'll get the passport renewed: there is a one-week fast-track service so this won't be an issue.

I'll be able to prove at the POE that the job is LMIA exempt as I will have both the job offer and the relevant form filled out by my employer when processing the offer via the CIC: 'Form IMM5802: Offer of Employment to a Foreign National LMIA-Exempt', along with the LMIA exempt reference number for my specific offer.

I've forwarded this thread to my contact at my new employer and am hopeful to proceed with the POE method which seems much more straightforward.

Thanks again, you have been extremely helpful!

N
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Old Jan 8th 2017, 12:56 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Sorry Former Lancastrian, one further quick question related to applying for the work permits at POE: I'm currently looking at flights, and the most affordable flights have multiple stops, i.e. coming in to Canada via Toronto airport then getting a connecting flight to Ottawa. Does this mean that our POE will be Toronto or Ottawa? I'm not sure if the location of the POE matters in any way?

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Old Jan 8th 2017, 1:00 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Originally Posted by N McCleary
Sorry Former Lancastrian, one further quick question related to applying for the work permits at POE: I'm currently looking at flights, and the most affordable flights have multiple stops, i.e. coming in to Canada via Toronto airport then getting a connecting flight to Ottawa. Does this mean that our POE will be Toronto or Ottawa? I'm not sure if the location of the POE matters in any way?

N
Toronto.
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Old Jan 8th 2017, 1:01 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Originally Posted by N McCleary
Sorry Former Lancastrian, one further quick question related to applying for the work permits at POE: I'm currently looking at flights, and the most affordable flights have multiple stops, i.e. coming in to Canada via Toronto airport then getting a connecting flight to Ottawa. Does this mean that our POE will be Toronto or Ottawa? I'm not sure if the location of the POE matters in any way?

N
POE would be Toronto and that is where you would be processed.
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Old Jan 8th 2017, 1:04 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Thanks: I'm assuming it won't be an issue being processed in Toronto given that my job offer is in Ottawa?

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Old Jan 8th 2017, 1:08 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Originally Posted by N McCleary
Thanks: I'm assuming it won't be an issue being processed in Toronto given that my job offer is in Ottawa?

N
No it won't however I will reserve comments on the way some of my counterparts in Toronto conduct Immigration procedures. Some are very good others lets just say leave a lot to be desired.
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Old Jan 8th 2017, 1:15 am
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Ah I see: thanks for the heads up!

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Old Jan 10th 2017, 9:16 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Hi Former Lancastrian

Thanks again for all your previous help. If possible, can you point me to a page on the CIC website which states that we can apply at the POE rather than online before arrival? This would be helpful for forwarding to my new employer as I am not sure that they are aware of this process.

Thanks,

N
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Old Jan 10th 2017, 9:29 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Originally Posted by N McCleary
Hi Former Lancastrian

Thanks again for all your previous help. If possible, can you point me to a page on the CIC website which states that we can apply at the POE rather than online before arrival? This would be helpful for forwarding to my new employer as I am not sure that they are aware of this process.

Thanks,

N
Temporary Foreign Worker Program and International Mobility Program: Persons who may apply at a port of entry

or

Can I apply for a work permit when I enter Canada?

Both are also linked to in our Wiki article about applying for a TWP - TWP : Where to apply-Canada : British Expat Wiki

HTH.
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Old Jan 10th 2017, 9:30 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband

Originally Posted by N McCleary
Sorry Former Lancastrian, one further quick question related to applying for the work permits at POE: I'm currently looking at flights, and the most affordable flights have multiple stops, i.e. coming in to Canada via Toronto airport then getting a connecting flight to Ottawa. Does this mean that our POE will be Toronto or Ottawa? I'm not sure if the location of the POE matters in any way?

N

We too plan to live in Ottawa and had a similar conundrum as regards flights.


In the end, we decided that the extra cost for the direct Air Canada flight from Heathrow to Ottawa (as compared to low-cost airlines with transfers e.g. Air Trasat or Westjet) was worth the extra cost, with the bonus of a few hours less elapsed time and immigration at Ottawa - the jet lag is bad enough as it is.


We managed to get our AC flights LHR to YOW return for £GBP650 each.


Our trip is scheduled for April this year.
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Old Jan 10th 2017, 11:04 pm
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Default Re: Application for LMIA-exempt work permit and open work permit for husband



Thanks so much christmasoompa! I've now forwarded these on.

N
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