Mr. Miller - Open Work Permit

Old Nov 10th 2002, 3:56 pm
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Default Mr. Miller - Open Work Permit

I have completed my additional medicals (sputum and X-ray) with the same DMP in US.
I was lucky to be able to stay on in the US till I could do my additional meds as my change of status application is still pending with INS.
I am looking to going back to India now since staying without a job in US with spouse in Canada, expenses double and savings take a dent.

Please let me know if I can apply for a Canadian open work permit from New Delhi based on my spouse's Canadian Employment Authorization. Considering that I have completed my additional medicals with interview waived, how are my chances of getting the visa from India and how long would it generally take?
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Old Nov 10th 2002, 6:04 pm
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Could anyone please help me with my question?
Mr. Miller, Stuart, Jim, Bighead, Wiz...
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Old Nov 10th 2002, 10:57 pm
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I am checking both misc.immigration.canada and britishexpats for any response to my question but do not find any. Am I missing something or nobody knows the answer?
Mr. Miller, do u have any idea?
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Old Nov 11th 2002, 2:04 am
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under almost all circumstances, you muct be already in canada as a dependant of your spouse who is on a work permit under the pilot project in order to get the open wp..

you will in all likelihood not be allowed to apply for such from delhi, but would be told to go to canada as a dependant of your spouse and apply for the open wp to verghville...

Originally posted by SALI
I am checking both misc.immigration.canada and britishexpats for any response to my question but do not find any. Am I missing something or nobody knows the answer?
Mr. Miller, do u have any idea?
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Old Nov 11th 2002, 4:08 pm
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Bighead - Thank u so much for your reply. Thought my question was really stupid that no one was replying...

Anywaz, u mentioned going to Canada as a dependent of spouse. How do I do that??? I mean, I have not come across any H-4 type visa in the case of Canadian Employment Authorization like you have in US. I was myself on H-4 when my wife was on H-1 in US. Do they have a similar dependent's visa for Canada? Where can I get more details?
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Old Nov 12th 2002, 12:07 am
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the dependant of a person who has a valid ea gets a long term visitor's record (a visit visa without the 6 month expiry), which references the original wp of the principal and is tied in to the expiry of the wp..

this comes with a bunch of restrictions (cant work, cant study etc), which is what you need to get waived under the pilot project...

that means, once you get the visitor's record, you apply to verghville under the pilot project to change the restriction that will allow you to work... if such is approved, then you will be given another visitor's record that has all the other restrictions that were there previously, but will state that you are now allowed to work as a dependant of your spouse who is on a wp under the pilot project...

a misconception a lot of people have is that the dependant will get a wp, thats usually not the case, all you get is a waiver of the restriction that says you cant work... you are still tied in to your spouse's wp...

Originally posted by SALI
Bighead - Thank u so much for your reply. Thought my question was really stupid that no one was replying...

Anywaz, u mentioned going to Canada as a dependent of spouse. How do I do that??? I mean, I have not come across any H-4 type visa in the case of Canadian Employment Authorization like you have in US. I was myself on H-4 when my wife was on H-1 in US. Do they have a similar dependent's visa for Canada? Where can I get more details?
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Old Nov 12th 2002, 11:38 pm
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That was very informative, Wizzard.

So is the "visitor's record" the same as a normal visitor's visa (apart from the 6-month expiry)?

Also, does this "visitor's record" have any preference over a normal visitor's visa? I mean, would the fact that the application is being made based on the spouse's Employment Authorization make it easier to get the visa?

I am confused how to apply for it. Do I use the same visitor's visa forms?

How long does it take?
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Old Nov 12th 2002, 11:40 pm
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OOps! Sorry...
I meant Bighead and not Wizzard.
Sorry...
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Old Nov 12th 2002, 11:50 pm
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no its not the same thing... usually a plain vanilla tourist (visitor) just gets a stamp in the passport... a visitor's record is an immigration document that's generated, and attached to the passport (preferably, so you dont lose it)...

you sill need a visitor's visa to enter canada, but at the port of entry, when you present yourself to immigration, you notify them that you are a dependant of your spouse who is here on a wp, and the officer there will generate the document for you...

the visitor's record does not authorize reentry if you leave canada, you still need a seperate entry visa for that... usually in such cases, the overseas visa post issues a multiple entry visit visa valid for the duration of the validity of the wp of the spouse (or less, depending on the circumstances) and on your first entry to canada, the immigration officer at the port of entry generates the document...

and yes, its pretty easy to get a visit visa to canada if your spouse is here on a wp... and yes you use the same visa forms, but in the section where it asks you why you want to visit canada, you put down the fact that your spouse is in canada on a wp and you wish to join him/her... obviously you have to attach all the necessary supporting documentation...

how long it takes depends on the visa post, but its usually processed in about a few weeks to a month...

be advised though, you will be required to undergo a medical exam (unless the visa office decides to waive the requirement based on the fact that you just underwent medicals for your pr application)...

Originally posted by SALI
That was very informative, Wizzard.

So is the "visitor's record" the same as a normal visitor's visa (apart from the 6-month expiry)?

Also, does this "visitor's record" have any preference over a normal visitor's visa? I mean, would the fact that the application is being made based on the spouse's Employment Authorization make it easier to get the visa?

I am confused how to apply for it. Do I use the same visitor's visa forms?

How long does it take?
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Old Nov 13th 2002, 12:04 am
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Thank you soooooooooooooooooooo much Bighead. That was a very quick reply.
You won't have the slightest clue how much you have made my day (night???). I have been looking for answers for such a long time but maybe I wasn't able to put myself across clearly enough to evoke a response from other learned members in the forum. But you have provided valuable information. Thank you once again.

About the medical exam, however, are all applicants for the visitor record required to undergo medicals normally?
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Old Nov 13th 2002, 12:09 am
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Another point Bighead -

The fact that PR application is pending has a bearing on Employment Authorization appliation (as my spouse found out although she got it in the end). Is it the same with visitor's record. Would they still be picky about temporary intent and intent to immigrate when applying for visitor's record?
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Old Nov 13th 2002, 3:48 pm
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again it depends... usually speaking, anyone who intends to stay in canada for a period of more than 6 months is required to undergo a medical exam... but again its subjective... such as in, since you already underwent a medical, the requirement may be waived in your case... i wouldnt know what the probability of such happening will be... you will need to apply and find out...

Originally posted by SALI
Thank you soooooooooooooooooooo much Bighead. That was a very quick reply.
You won't have the slightest clue how much you have made my day (night???). I have been looking for answers for such a long time but maybe I wasn't able to put myself across clearly enough to evoke a response from other learned members in the forum. But you have provided valuable information. Thank you once again.

About the medical exam, however, are all applicants for the visitor record required to undergo medicals normally?
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Old Nov 13th 2002, 3:52 pm
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this exists for all temporary resident applicants, but since you will be applying for a dependant visa and your spouse is already in canada on a wp, it will be a lot easier...

the fact of the matter is, if the visa officer may be satisfied that you will leave if your pr is refused for some reason, or if your pr processing does not finish before your temporary residence status runs out, having a pr application will not result in a refusal of the temporary permit...

Originally posted by SALI
Another point Bighead -

The fact that PR application is pending has a bearing on Employment Authorization appliation (as my spouse found out although she got it in the end). Is it the same with visitor's record. Would they still be picky about temporary intent and intent to immigrate when applying for visitor's record?
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Old Nov 13th 2002, 8:26 pm
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Can't thank you enough Bighead
I hope its simple and quick for me to get the visitor's record.
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