Open work permit and spousal PR

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Old Jul 15th 2015, 4:11 pm
  #31  
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Default Re: Open work permit and spousal PR

Originally Posted by stevethedog
I've been in Canada for 6 months now but fortunately it says that I don't have to get one for here, not sure why that is but I'm not complaining!
Because CIC do their own check for Canada, so they don't need one from you unless specifically requested (i.e. your name matches that of somebody with a serious criminal history etc).

HTH.
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Old Jul 15th 2015, 4:59 pm
  #32  
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Default Re: Open work permit and spousal PR

Thanks guys! It's a horrible feeling to think that you could be reading out of date information, surely they should remove forms and info that no longer applies in their maze of a website that people depend their futures on.

Ah well, 3 months or 6 months makes little difference to me as I'd need 18 months! But it is good to know and what to look out for.

You guys should be able to put this down as volunteer work!

Last edited by stevethedog; Jul 15th 2015 at 6:21 pm.
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Old Jul 15th 2015, 6:56 pm
  #33  
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Default Re: Open work permit and spousal PR

Originally Posted by stevethedog
Thanks guys! It's a horrible feeling to think that you could be reading out of date information, surely they should remove forms and info that no longer applies in their maze of a website that people depend their futures on.
I think they just missed that one sentence, all the rest of the guide says 6 months.

Originally Posted by stevethedog
Ah well, 3 months or 6 months makes little difference to me as I'd need 18 months! But it is good to know and what to look out for.
Yes, but as above if you've not lived in those countries since your original police cert, then there's no need for another one as the 6 month validity doesn't apply in that case - there is no expiry date if you've not been there since?

Originally Posted by stevethedog
You guys should be able to put this down as volunteer work!
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Old Jul 15th 2015, 7:32 pm
  #34  
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Default Re: Open work permit and spousal PR

Okay, that's interesting.

For NZ I was still living there when I got the police check but as doesn't seem required as they will get it themselves with my declaration of consent.

For Australia and UK I have been back since I last got the police checks but I was only a visitor, although not sure what my classification would've been for the UK as I wasn't living anywhere at the time while en-route to Canada. I was home for 10 days.

I hope I still have them, pretty sure that I do. If so I'll submit them with my application and a note with the guidelines as I understand them and to contact me if I've got it wrong and need to attain new police checks.

Sound about the right way to go?

Yes, but as above if you've not lived in those countries since your original police cert, then there's no need for another one as the 6 month validity doesn't apply in that case - there is no expiry date if you've not been there since?
Be great if that's what's implied but I do worry that they don't actually say that. However the more I read it, the more I believe that you are right.

Thanks for persisting in telling me that they are still valid!

Last edited by stevethedog; Jul 15th 2015 at 7:47 pm.
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Old Jul 16th 2015, 12:02 am
  #35  
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Default Re: Open work permit and spousal PR

Looking through all our files and don't seem to have the original of the UK police cert, only a copy. Damn! Have the Australian one at least.

EDIT - Actually, it's either still with my endorser or he trashed in a long time ago. Hopefully he finds it!

Last edited by stevethedog; Jul 16th 2015 at 12:46 am.
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Old Jul 16th 2015, 4:05 pm
  #36  
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Default Re: Open work permit and spousal PR

Threw it out a month ago! Was a bit optimistic.
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Old Jul 20th 2015, 4:52 am
  #37  
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Default Re: Open work permit and spousal PR

Filling out my Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] and have something I want to check.

For Q3 it asks what I'm applying for

* A work permit with the same employer
* Restoration of your status as a worker
* An initial work permit or a work permit with a new employer
* Temporary Resident Permit

I chose restoration of your status as a worker and I got a message saying that I had to pick one of the other options as well. I ticked an initial work permit or a work permit with a new employer.

Seemed right but also feels pretty unclear, would be very frustrating to get a knock back for something like this. I may stay with my current employer but it's very uncertain, it's the open work permit that I'm applying for.

Thanks
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Old Jul 20th 2015, 6:42 am
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Default Re: Open work permit and spousal PR

Originally Posted by stevethedog
Filling out my Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] and have something I want to check.
Why are you filling out IMM5710? You're not doing any of those things, you're applying for a whole new work permit. You need form IMM1295 don't you?

Did you follow the link on the CIC website from the page specifically about spousal open work permits? That will take you to the right place, I'd be surprised if it took you to the IMM5710 form?
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Old Jul 21st 2015, 1:56 am
  #39  
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Default Re: Open work permit and spousal PR

That is for an application made outside of Canada, I mentioned my confusion on which form for the OWP on the first page and thought I had my response here but I must've found it somewhere else.

I'd feel more comfortable if the pilot page linked to the IMM5710 but I think I read that somebody said that it used to.

I do already have a work permit via the IEC so remain in Canada as a worker while changing conditions does seem right but it's certainly not clear.

EDIT - On this thread http://britishexpats.com/forum/immig...cation-854270/
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Old Jul 21st 2015, 2:20 am
  #40  
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Default Re: Open work permit and spousal PR



Going through the work permit page and saying I live in Canada takes me here and includes the IMM1295 but how wrong does this look.
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Old Jul 21st 2015, 2:37 am
  #41  
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Default Re: Open work permit and spousal PR

This is the application pack for the Spouse in Canada Class:

Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class (IMM 5289)

If you read the instruction guide: IMM5289, it tells you the correct form to use for the work permit application. I think you need to sit down and read the instruction guide as it will answer a lot of the Qs you are asking.

However: You are not applying for restoration of status. You haven't lost your status (because you said you have a WP until January next year. You still have status).

S

Last edited by Snowy560; Jul 21st 2015 at 2:44 am.
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Old Jul 21st 2015, 2:56 am
  #42  
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Default Re: Open work permit and spousal PR

Thank you Snowy, that's a great help. You're right I should've read that through further but I got a bit caught up in the OWP.

I've read through the guide for the OWP and all it has regarding 'I am applying for one or more of the following' is as below. Feeling daft but they all seem vague and don't really apply yet I've got to pick one (or more). As I choose open work permit further down the application, does it really matter what I choose here? The more I think about it 'a work permit with a new employer' seems the most likely to fit into the open work permit.

Check the appropriate box or boxes to indicate if you are applying for:

An extension of a work permit with the same employer
A work permit with a new employer
Restoration of your status as a worker
An initial or an extension of a temporary resident permit

Last edited by stevethedog; Jul 21st 2015 at 3:08 am.
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