bubblescope

Hi,
I'm having a hard time believing that a spouse of a student or someone on a temporary work visa can apply for an 'open' work permit and do ANY job they want but a spouse of a Canadian PR cannot. Is there any way round this?
My husband only just applied for my sponsorship under Family Class and I'm leaving a well paying job in the US (I'm a Brit on H1B) to be with him in Canada only to find that I cannot even look for a job until the PR is processed which can take 6-12months!! That's uncanny! How does the Canadian govt have the right to dictate that a married couple stay apart for that long right around the time they're supposed to be staring out life together?? Can anyone tell me:
1) How long it takes till I can start work while waiting for a Sponsorship (will the AIP letter be enough?)
2) Is there anyway an employer wanting to hire me speed up the process?
3) Any other loophole (tried BUNAC but failed, tried to get a work transfer but no opening available) to work in Canada?
Much thanks

christmasoompa

Hi and welcome to the forum.

Can you clarify, where you not on your husband's PR application and therefore included in it? When did your husband become a PR and when did you marry?

As for your other questions, your only other route is to try and get a Temp Work Permit - have a read of the Wiki (on blue bar at top of page) for more info.

Good luck.

bubblescope

My Husband got his PR through the skilled worker class in 2007 or 2008 ( I can't actually remember) when I was a mere girlfriend and we got married in Jan 2009.
Thanks for such a speedy reply!

Matthew Sell

Hello,

Yours is a frustrating situation. I know it does seem unfair.

Have you made you Family Class application 'inside' Canada or 'outside' Canada? This makes a difference as with 'inside' Canada applications you can apply for a work permit in 6-8 months, while with a 'outside' Canada application you can not.

That said 'outside' applications tend to be faster so it is conceivable that you could get PR before you would be eligible for a W.P under the 'inside' route.

Depending on what skills and experience you have it is possible to find a supportive Employer to apply for a Labour Market Opinion. If you receive a positive or neutral opinion your could apply for a work permit. The time this would take depends on the processing times of the HRSDC office where you apply, but generally the whole process takes 2 to 3 weeks (excluding mandatory advertising times) and is sped up if you have your work permit processed at a port of entry. The difficultly here can be finding an employer who is willing to to make application on your behalf.

Good luck with it

christmasoompa

No probs. When did he 'land' to activate his PR?

Paul Wildy

Its fine for you to be together in Canada while the application is processed but note you would be here as a visitor and not be entitled to work. If you need to be here as a visitor more than 6 months you can extend your visitor status.

Yes, if you are going the Spouse or Common-Law Partner in Canada route then once you receive the Approval in Principal letter you can apply for an Open work permit so you can work while the remainder of the processing is done. I understand that it is currently taking around 6 months to reach the AIP stage.

Yes, as someone mentioned above if you have a job offer and the employer obtains an LMO you can get a work permit to work for them now.

Hmm...<puts thinking cap on>... If you were enrolled in a course of study here and have a study permit you can work part time (20 hours per week) but this perk doesnt kick in until after 6 months so this might not give you any timescale advantage.

Could you continue to do your existing job remotely from Canada (long distance home working)? Provided you are not working for a Canadian employer and are being paid to a bank outside Canada and not selling anything in Canada you would probably not be classed as entering the Canadian Labour Market and would not need a work permit.

bubblescope

Thanks for the supportive answers to my questions. Much appreciated.

My husband got his PR straight after graduating from a Canadian university student ( he applied for PR while being a student in 07) so I guess he 'landed' in Canada itself.

I believe we applied 'outside' Canada for sponsorship since we were told 'inside' takes longer and you can't appeal. We weighed up both and decided it's probably going to be quicker 'outside' than getting any kind of work permit which can take up to 6 months on its own if we were 'inside'.
However, I applied from the US ( i.e with a US address on the app not a UK one) since it said to pick the country where you 'reside' (which frankly is another conveniently ambiguous jargon word), so not sure if that complicates things, not sure where the interview will be, US or UK.

The company I work for was willing to send me to work remotely and can only financially justify it if I freelanced/worked on a project by project basis. But then they quickly found out that you cannot freelance on an H1-B (which is my current status in the US)

I have 3 more questions:
What's the difference between a 'Temporary work visa', an 'open work permit' and 'work permit with LMO'?

Is there an AIP letter for applications 'outside' Canada? Will I be able to apply for one of these work permits using that?

When I do move, what am I supposed to say at the border when I move all my stuff across the border from the US into Canada? I understand it's discretionary so won't a fully loaded car look suspicious for a person on a 'tourist' visa? Is it a good idea to tell them the entire story?

christmasoompa

Ok, just to confirm - your husband 'landed' before you married, yes? Just checking!

As for your questions - a 'temporary work visa' is just a TWP (Temporary Work Permit), an 'open work permit' is a SOWP (Spousal Open Work Permit), which is those that are spouses of TWP holders or study permits are entitled to, and a 'work permit with LMO' is also a TWP. The majority of TWP's all require LMO's, there are only a few exceptions i.e. certain I.T. related roles, company transfers, etc. But any other TWP needs the prospective employer to apply for the LMO, and for it to then be granted, first.

No idea about your second question I'm afraid. And for the third, you need to go as a tourist or you may well be refused entry. You can be granted up to 6 months entry to Canada, but if you turn up with all your worldly possessions and can't show any ties to your country of residence then you could be in trouble!

I don't know if explaining that you are the spouse of a PR and currently awaiting your PR via sponsorship will help (I would assume it would) but they may still require proof that you will return to the UK or US. After all, what if your PR application is refused? Not likely, but they may want to see proof that you are only visiting.

bubblescope

[QUOTE=bubblescope;7389082] yes

Paul Wildy

There is not really such a thing as a "temporary work visa" in a sense - if you are a temporary worker you will have a temporary resident status (visa) coupled with a Temporary Work Permit which permits you to work.

An "open work permit" means you can work for any employer and do not need a job offer or a Labour Market Opinion in advance of obtaining the work permit. Once you have this all you need to do is have an employer offer you a job and then you can turn up and start working for them.

A "work permit with LMO" means that no only are you tied to working for a specific employer but the employer must obtain a favourable Labour Market Opinion from HRSDC before you can apply for the work permit.

I think what you are asking here really is whether there is the chance to obtain an open work permit before the processing is finished and the PR visa is issued when you are going the outside-Canada route. The answer is no - you have to wait for your PR visa. But then the route is much faster.

Yes, you should be completely honest. Tell them that your husband is sponsoring you and that you are coming to "visit" pending the sponsorship application being finalised. Make it clear that you understand that your status is only temporary and that you are prepared to leave Canada if the sponsorship application failed.

bubblescope

Thanks NSpaul, what happens if inspite being completely honest, I'm denied entry, does that affect my sponsorship application? How long till i can re-enter Canada?

The whole point of leaving the US ( and job!!) is to be with the husband, so i'd like to avoid being turned back.

Also do you think applying 'outside' Canada from the US as a British citizen (on an H1B) complicates the sponsorship application and will it cause a delay?

Paul Wildy

I think its really unlikely you would be turned away. It is perfectly okay to have "dual intent" , i.e. the intent to enter Canada as a visitor and at the same time the intent to immigrate to Canada permanently.

No to the second question - sponsorship via the outside Canada route is generally quicker.