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Which IMM form to use - open work permit for common law partner of full time student?

Which IMM form to use - open work permit for common law partner of full time student?

Old Jun 8th 2012, 2:27 am
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Default Which IMM form to use - open work permit for common law partner of full time student?

I was hoping that someone would be able to help me with a visa enquiry. I have tried to contact the UK Canadian Embassy but they don’t accept incoming phone calls, and the email automated reply said that they may not reply within 28 days!

My common-law partner will be studying in Canada in the next academic year, and I will be coming with him. The CIC website states that I'm eligible for an open work permit as my partner will be a full time student at a public post-secondary institution, meaning I won’t have to secure a job before we go.

The application package that the website sends me to http://www.cic.gc.ca/english/study/work-spouse.asp is called ‘Application to Change Conditions, Extend My Stay, or Remain in Canada [IMM 1249] ’ (PDF, 251 KB) <http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF>. It says that this application is for temporary residents already in Canada, which we're not at the moment, we are still in the UK.

Do you think that this is the correct form? Have you had any dealings with this before? I was thinking that although we aren’t already in Canada this may be the correct form, as the normal temporary work visas require proof of a secured job etc which this one doesn’t. Do you know which is the appropriate IMM form to use? We’re a bit confused, and as we can’t contact the embassy by phone or in person are a bit panicked about it! Any advice you could offer would be really appreciated.

Many thanks in advance
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Old Jun 8th 2012, 8:56 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

No need to fill in the forms as long as you are a non TRV passport holder. SOWP will be issued when you arrive together and Study Permit is issued to OH. Just have $150 to pay for the SOWP.
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Old Jun 8th 2012, 9:27 pm
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by Former Lancastrian
No need to fill in the forms as long as you are a non TRV passport holder. SOWP will be issued when you arrive together and Study Permit is issued to OH. Just have $150 to pay for the SOWP.
Are you positive on this? I am dropping my application to the drop box on Monday in London and had the same question. I was told I had to make the work permit application at the same time and pay the fee at the same time. Which I have done. The form that my partner filled out is IMM 1295 (02-2012) E a five page application form.

As part of the student application you have to fill out a family information form IMM 5645 and we were told that if the spouse/partner was on that form and would need a open work permit it had to be applied for at the same time.
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Old Jun 8th 2012, 9:39 pm
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

http://www.canadainternational.gc.ca...ts.aspx?view=d

This is the link to the London High Commission that gives all required info about Souse and Common Law Partner. I do note it says there the wording should submit work permit at same time as study permit application. I was told by the Immigration lawyer that I hired in the end, to put both applications in at the same time.

You can get the correct form from the same website.
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Old Jun 8th 2012, 9:58 pm
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Spouses/common-law partners of full-time students are eligible for open or open/restricted work permits, depending on medical requirements having been met.
• They do not need to have an offer of employment
• The exemption is intended for spouses/common law partners who are
accompanying a full-time student but who are not themselves students.

Eligibility to apply as you enter Canada
You can apply for a work permit as you enter Canada, but only if you meet the following requirements:
•you are temporary resident visa exempt and
• your job does not need a labour market opinion from HRSDC (some exceptions apply) or
•you hold a labour market opinion from HRSDC.

To find out if you need a medical examination, see Medical examination requirements for visitors in the Related Links section at the bottom of this page.

There again this is the internet so you dont have to believe me but unless I am missing something you can apply at a POE for the SOWP under this situation. C42 R205(c) IRPA.
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Old Jun 10th 2012, 2:14 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Hi there,

I'm in exactly the same position as you and applying right now as well. I was also confused about the 1249/1295 form issue.

Personally, I'm applying at the same time as my partner, filling in a 1295, 5654 and a 5409.

Please pm me if you want to help each other work this out

Isaac
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Old Jun 10th 2012, 4:41 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by Rick b
http://www.canadainternational.gc.ca...ts.aspx?view=d

This is the link to the London High Commission that gives all required info about Souse and Common Law Partner. I do note it says there the wording should submit work permit at same time as study permit application. I was told by the Immigration lawyer that I hired in the end, to put both applications in at the same time.

You can get the correct form from the same website.
You really should be reading the www.cic.gc.ca website as to what is required note that website says suggests not you must.
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Old Jun 12th 2012, 1:08 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by Former Lancastrian
You really should be reading the www.cic.gc.ca website as to what is required note that website says suggests not you must.

I understand the cic.gc.CA website is what should be referred to. If you go there yourself and follow the links on the Study permit path you will find yourself at a page saying that on Study Permits different Consulates or Embassies require different documentation. I went to the Canadian Consulate yesterday in London to put my application in the drop box. I had it confirmed that the Open work permit for a spouse SHOULD be included at the same time.

I would suggest strongly the OP send an email to the London Consulate to check on this for himself and maybe Former Lancastrian could do the same internally as obviously it is a source of confusion.

To note even though the cic and London website says include a NON stamped addressed envelope I was told yesterday to go to the Post Office 2 doors away and purchase a pre paid Special Delivery envelope instead.

Second note is that if you are paying fees by bank transfer from Natwest you need to ask them to add xxx onto the 8 digit BIC as they only accept 11 digit BIC codes.
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Old Jun 12th 2012, 1:10 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by Rick b
I would suggest strongly the OP send an email to the London Consulate to check on this for himself and maybe Former Lancastrian could do the same internally as obviously it is a source of confusion.
'internally'? FL doesn't work for CIC.
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Old Jun 12th 2012, 1:23 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by christmasoompa
'internally'? FL doesn't work for CIC.
I was under the impression he worked for CBSA? Is that not correct?

No need to start jumping at me - he has given advice on here that does not seem to tie in exactly with what either is on the London consulates website, or what the London Consulate are asking for. As I have just gone through this exact process and did ask FL for some advice which was gratefully received I was not trying to say anything other than there is confusion somewhere. Which in something like this does not help the OP. Hence my line f suggesting he email the London Consulate.
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Old Jun 12th 2012, 1:29 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by Rick b
I was under the impression he worked for CBSA? Is that not correct?
CBSA yes, but that's not CIC - two different government agencies! I didn't 'jump at' you, I was simply confused as to why you were saying internally, when FL has nothing to do with CIC.
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Old Jun 12th 2012, 1:38 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Hi again,

Thanks for all the comments.

I have recently contacted two acquaintances who have moved to Canada within the last year. One person's partner was there on a work visa, the other was there on a study visa. Both applied for open work permits at immigration at the Canadian airports they flew into, as this was what was recommended to them. Both were successful in gaining their open work permits.

My partner is using the online application for his study permit, so we aren't posting to the embassy in London. I'm going to go the route of applying in Canada, as it seems you can't add extra applications on the online applications.

I'm still a bit worried as there is so much conflicting advice though. I really wish there was a phone line you could call at the UK Canadian embassy!

Best of luck for everyone's visa applications.

Beth
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Old Jun 12th 2012, 1:43 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Assuming the criteria for the main applicant is fulfilled, there is indeed no reason why a spousal open work permit cannot be applied for at the POE.

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

See page 97 (section 10) onwards.

Originally Posted by FW01 Manual
A foreign national may apply for an open work permit outside of Canada, at a port of entry or after arrival to Canada.
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Old Jun 12th 2012, 3:09 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Thank you Siphorous, and everyone else for your help.
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Old Jun 12th 2012, 3:26 am
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Default Re: Which IMM form to use - open work permit for common law partner of full time stud

Originally Posted by bethemily
Hi again,

Thanks for all the comments.

I have recently contacted two acquaintances who have moved to Canada within the last year. One person's partner was there on a work visa, the other was there on a study visa. Both applied for open work permits at immigration at the Canadian airports they flew into, as this was what was recommended to them. Both were successful in gaining their open work permits.

My partner is using the online application for his study permit, so we aren't posting to the embassy in London. I'm going to go the route of applying in Canada, as it seems you can't add extra applications on the online applications.

I'm still a bit worried as there is so much conflicting advice though. I really wish there was a phone line you could call at the UK Canadian embassy!

Best of luck for everyone's visa applications.

Beth
I agree I wish some of the wording in places was a little clearer. Good luck!
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