Sampace1983

This is long so bear with me please. I'll try to explain clearly!

My hubby has a OWP and LMO, we don't have a PR yet.
My sister in law came over (her husband has OWP and LMO too)
Her husband came over a month before her, and when she came over she asked for a spousal open work permit but they have messed it up and giving her a visitors permit, she needs to start working ASAP and was told to apply via CIC but like I said need to start ASAP.

My hubby suggested they flag poled. Which we found out is fine, but my concern is cos my hubby doesn't have PR only on a work visa, will he have a problem coming back into Canada?

Also what documents they would need to cross? (I'm guessing British passport) he has a driving license.

How much does it cost to cross the boarder? Do they need to stay for 24hrs in the USA before returning?

She has copies of all her husbands document to show to get her work permit.

Is there anything else we need to know but for they start out? Any help would be great!!Thanks

Former Lancastrian

No he won't have a problem returning as he has a valid work permit. You can turn straight around if you don't want to stay in the US for lunch and there is no minimum required stay. You can ask for an Administrative Refusal or pay the $6 for the I94 waiver.
As long as the NOC code on the work permit identifies him as a skilled worker in the NOC 0, A or B category then the SOWP can be issued bear in mind a work permit is now $155.
The work permit he was issued is all that is needed if travelling with him.

Sampace1983

**UPDATE**My sister in law flag poled today to get her work permit sorted and they denied her. now she's going to have to go back to the uk with her family cos her husband even thou he has a lmo and work permit has yet to start work and they are running out of funds, basically they have put everything on the line moving here and they have had nothing but bad luck the entire time, i just can't believe it and feel so sad for them! truly gutted!

burks

Do you know why she was denied?

Former Lancastrian

Why were they refused? Was the LMO still valid? Why isn't he working as he was issued a work permit?
Something doesn't seem quite right.

Sampace1983

the lmo ran out on the 6th of jan, but the woman didn't say anything about that to her. she basically said it wasn't her job to correct the mistake of the woman in the airport and that she had to go through the proper channels.

cos the lmo was going to run out the hubby came out before it did to get his work permit but was told he wouldn't start work until feb, but has had a email telling him work won't start until march now, and then there is no gaurtee that it will either, basically they are in a right pickle.

they are currently living with us in our rented apartment and our land lady has basically said that they are going to have to move out soon.

so with no jobs, no money and no where to live, they are going to gave to go back to the uk. so sad, cos we came over with nothing to and everything has turned out great for us, and they have had nothing but disappointment and bad luck.

Former Lancastrian

Once issued the LMO has to be activated within 6 months of being issued.
Note: As of May 19, 2009, HRSDC established a maximum six-month LMO validity period (period during which an LMO may be used to apply for a work permit). HRSDC will also no longer be granting LMO extensions; instead, a new LMO application will be required in every case.

LMO always have the length of the job i.e 4 days, 6 months, 24 months etc.
In your earlier post you state he had been issued a work permit. When was the permit issued and what was the expiry date?

If he wasn't issued a TWP when he arrived with the LMO and that has since expired then nothing you can do
Applicants initiating a work permit application at a POE are required to have a valid LMO expiry date. If the LMO expiry date has passed, the LMO can no longer be used to support the work permit application.

Read page 88 onwards of this manual

http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

Sampace1983

former lancastrian, the hubby has a work permit, the wife was trying to get her spousal open work permit (its hers that was mess up at the airport)

Former Lancastrian

Is his job in NOC skill level O, A or B (4 digit NOC code e.g. 1122).
If not then not eligible for a SOWP.
http://www5.hrsdc.gc.ca/noc/english/...pdf/Matrix.pdf

If he has a valid TWP and wife is eligible for SOWP then I don't understand why CBSA wouldn't issue one as they can be issued at any time after his TWP has been issued. An SOWP is not subject to the LMO validity time as the TWP is.
See section 5.38 of this link on page 81
http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

EXCEPT
The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration, or, if working under the authority of R186 without a work permit, must present evidence that they will be working for a minimum of six months.

Sampace1983

she is def allowed a sowp. the woman just said that it wasn't her job to sort the mess out, basically she was a being a b**ch. thanks for your help to

Former Lancastrian

Then she needs to make a complaint to the Port of Entry Chief/Director where they attempted to flag pole at.
If entitled to a SOWP then it can be done at a POE regardless if there was a screw up at the airport which also confuses me as to why it wasn't issued at the airport.

Sampace1983

can they go to calagary airport immigration and get the work permit there? or does it have to be boarder job? cos iv just spoken to them and they are on there way thou there. just an idea?

Novocastrian

Is she quite certain? It might help if you mentioned her husband's NOC category.

Sampace1983

the woman at the airport gave my sister in law a visitors permit but accident, when questioned on it the lady said that they couldn't issue the sowp cos the visitor one had to be processed (or something to that effect) and that if she wanted to get the sowp she would have to apply on cic or flag pole.

Sampace1983

im 100% certain she is allowed.