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PR Spousal Sponsorship...work permit options while waiting

PR Spousal Sponsorship...work permit options while waiting

Old Mar 19th 2012, 3:42 am
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Default PR Spousal Sponsorship...work permit options while waiting

My current 2-year work permit expires January 2013. We're submitting the In Canada Spousal Sponsorship PR Application this week.

I believe i can apply at some stage in the PR process (once the Sponsor is preliminary approved) for the right to have an 'open' work permit...rather than be tied to the constraints of my existing work-permit (tied to current employer).

Can someone clarify this? I will be calling CIC in the morning but i'm sure others have been in a similar situation.

Thanks in advance.
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Old Mar 19th 2012, 6:01 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Hi


Originally Posted by stuabroad
My current 2-year work permit expires January 2013. We're submitting the In Canada Spousal Sponsorship PR Application this week.

I believe i can apply at some stage in the PR process (once the Sponsor is preliminary approved) for the right to have an 'open' work permit...rather than be tied to the constraints of my existing work-permit (tied to current employer).

Can someone clarify this? I will be calling CIC in the morning but i'm sure others have been in a similar situation.

Thanks in advance.

You include the OWP application with the in Canada spousal application to Vegreville. When/if you receive 1st level approval, about 10/11 months into the process, then you get an open work permit. Have no idea why you would apply via the inland spousal, which will take about 14 months or more, when you could apply via the out of Canada process (while still residing in Canada) and be landed in 7 months. But as always it is your choice.
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Old Mar 19th 2012, 2:31 pm
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by PMM
Hi





You include the OWP application with the in Canada spousal application to Vegreville. When/if you receive 1st level approval, about 10/11 months into the process, then you get an open work permit. Have no idea why you would apply via the inland spousal, which will take about 14 months or more, when you could apply via the out of Canada process (while still residing in Canada) and be landed in 7 months. But as always it is your choice.
Yes that's a typo on my part, we're applying via London, it's much quicker like you say and unlikely we'd get called to interview there, I hope.

So does that change your response?
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Old Mar 19th 2012, 5:00 pm
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Hi


Originally Posted by stuabroad
Yes that's a typo on my part, we're applying via London, it's much quicker like you say and unlikely we'd get called to interview there, I hope.

So does that change your response?

Yes, there is no provision for open work permits for out of Canada spousal. Your employer would have to advertise for 2 weeks on the job bank, then apply for a LMO from HRSDC and demonstrate that there are no Canadians/PRs available/qualified for the position. If approved, then you can apply for a closed work permit.
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Old Mar 20th 2012, 12:34 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by PMM
Hi





Yes, there is no provision for open work permits for out of Canada spousal. Your employer would have to advertise for 2 weeks on the job bank, then apply for a LMO from HRSDC and demonstrate that there are no Canadians/PRs available/qualified for the position. If approved, then you can apply for a closed work permit.
Thanks for the clarification; I was interested to know what would happen if i applied to change my work permit to go with a different employer wjile waitin g on PR...understanding the LMO process would have to be undertaken. Would there normally be any issue with a change of WP assuming the skills were in demand and the employer could prove the case in the usual manner?
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Old Mar 20th 2012, 3:20 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Hi


Originally Posted by stuabroad
Thanks for the clarification; I was interested to know what would happen if i applied to change my work permit to go with a different employer wjile waitin g on PR...understanding the LMO process would have to be undertaken. Would there normally be any issue with a change of WP assuming the skills were in demand and the employer could prove the case in the usual manner?

No as long as you get a new LMO for the new employer and a new work permit before starting the new job.
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Old Apr 11th 2012, 3:09 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by PMM
Hi



Have no idea why you would apply via the inland spousal, which will take about 14 months or more, when you could apply via the out of Canada process (while still residing in Canada) and be landed in 7 months. But as always it is your choice.
Hi again

On field number 4 of: Generic Application Form for Canada [IMM 0008] (PDF, 536 KB) ( http://www.cic.gc.ca/english/pdf/kit...0008ENU_2D.pdf )

...it asks " Immigration Office Request for Processing this Application"


I was told by CIC that this was Mississauga...

...yet no mention of Mississauga, only Buffalo.

I was told by CIC on the phone last week that it was definitely NOT Buffalo as this would not get sent to LONDON...which is where i want it to go!

Please help, we're a little stuck tonight and i can't wait to have another call with CIC again tomorrow.

ST
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Old Apr 11th 2012, 3:34 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

You will send the whole kit and caboodle to Mississauga and indicate that you want your application processed at the London visa office in England.
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Old Apr 11th 2012, 4:10 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by Jim Humphries
You will send the whole kit and caboodle to Mississauga and indicate that you want your application processed at the London visa office in England.
Thanks Jim;

in that box I will type:

MISSISSAUGA - for processing at LONDON VISA OFFICE ENGLAND, UK

...why is there no mention of the London office though -it's going to have a dramatic effect on your application processing times...if you didn't know about Mississauga/London options you would end up waiting far longer?

Thanks for the help.
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Old Apr 11th 2012, 5:05 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by Jim Humphries
You will send the whole kit and caboodle to Mississauga and indicate that you want your application processed at the London visa office in England.
Sponsored Spouse/Partner Questionnaire (IMM 5490)
http://www.cic.gc.ca/english/informa...s/3999Etoc.asp

The above is part of same application pack. Does this form need to be filled out? The Guide says it does - yet all the questions are geared towards someone who is residing in UK as opposed to Canada. Is this correct or should i disregard this form?

thx
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Old Apr 11th 2012, 5:26 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Just to add to my rant here. This is one of the worst pieces of organization i've ever seen.

I went for my medical over a month ago and was never told that there were two different forms/ paperwork options for applying (In Canada or Out of Canada). AS a result i filled in the IN Canada form when i had my medicals done and only now when i look at Appendix C of:

Information Guides - West Europe[IMM 3901]
http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf

...do I see that there is a completely different form for OUT OF CANADA applicants.

If so many of use are applying OUT OF CANADA - why make it so bloody unlcear that this is an option? Even the application pack that those of applying Out of Canada are following, assumes you're not living in Canada, yet we are but just using London as the processing center.
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Old Apr 11th 2012, 5:37 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Hi


Originally Posted by stuabroad
Just to add to my rant here. This is one of the worst pieces of organization i've ever seen.

I went for my medical over a month ago and was never told that there were two different forms/ paperwork options for applying (In Canada or Out of Canada). AS a result i filled in the IN Canada form when i had my medicals done and only now when i look at Appendix C of:

Information Guides - West Europe[IMM 3901]
http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf

...do I see that there is a completely different form for OUT OF CANADA applicants.

If so many of use are applying OUT OF CANADA - why make it so bloody unlcear that this is an option? Even the application pack that those of applying Out of Canada are following, assumes you're not living in Canada, yet we are but just using London as the processing center.

I can't see the problem? When you click on applications, you are given 2 choices applying from outside Canada and applying for inside Canada.
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Old Apr 11th 2012, 9:17 pm
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Default Re: PR Spousal Sponsorship...work permit options while waiting

My other half is Canadian. We were UK approved common in law partners over here (lived together for 4 years) before she returned in Sept 2011. Relationship has remained ongoing and now I have job offer from my company to go and work in a Canadian branch. I'm a Chartered Surveyor over here which I think qualifies me as "hated real estate broker we don't need" over there.

Should I submit spousal application outbound for processing in London - if yes how do we each submit our separate parts "together" when we are in different countries.

or should I go for a Temporary Work Permit and seek to get around the need for an LMO (I have UK specific knowledge of my companies operations that could assist Canadian clients - might be pushing it a bit but work would support a document on that basis). Really think I would struggle to get LMO being a RE Broker.

or should I go for a working holiday maker visa...just get over here and then submit the outbound spousal application when I am over there with her and we can post documents together?

I used to think I was intelligent until I started navigating the CIC website...

thanks so much in advance
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Old Apr 12th 2012, 9:47 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by Adminphobe
My other half is Canadian. We were UK approved common in law partners over here (lived together for 4 years) before she returned in Sept 2011. Relationship has remained ongoing and now I have job offer from my company to go and work in a Canadian branch. I'm a Chartered Surveyor over here which I think qualifies me as "hated real estate broker we don't need" over there.

Should I submit spousal application outbound for processing in London - if yes how do we each submit our separate parts "together" when we are in different countries.

or should I go for a Temporary Work Permit and seek to get around the need for an LMO (I have UK specific knowledge of my companies operations that could assist Canadian clients - might be pushing it a bit but work would support a document on that basis). Really think I would struggle to get LMO being a RE Broker.

or should I go for a working holiday maker visa...just get over here and then submit the outbound spousal application when I am over there with her and we can post documents together?

I used to think I was intelligent until I started navigating the CIC website...

thanks so much in advance
Well, if you haven't lived together since Sept 2011 then I can't see how you'd qualify as common-law spouses? Particularly as she could have applied to sponsor you whilst in the UK, so CIC might think it a bit suss that you're only applying now when you are apart. So I'd forget that option.

A WHV is a great idea, and would get you back living together so you can get the one year required to apply as her common-law spouse. Only thing is don't delay if you are going down that route, as the visas are going fast.

Or you could try for an intra-company transfer TWP, which as you correctly say, doesn't need a LMO. I'm not sure you'd qualify as 'specialized knowledge' from what you've said - have a read of this to see you meet the criteria under that category. http://britishexpats.com/wiki/Intra-...ransfer-Canada

HTH, good luck.

Last edited by christmasoompa; Apr 12th 2012 at 9:50 am.
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Old Apr 12th 2012, 11:45 am
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Default Re: PR Spousal Sponsorship...work permit options while waiting

Originally Posted by christmasoompa
Well, if you haven't lived together since Sept 2011 then I can't see how you'd qualify as common-law spouses? Particularly as she could have applied to sponsor you whilst in the UK, so CIC might think it a bit suss that you're only applying now when you are apart. So I'd forget that option.

A WHV is a great idea, and would get you back living together so you can get the one year required to apply as her common-law spouse. Only thing is don't delay if you are going down that route, as the visas are going fast.

Or you could try for an intra-company transfer TWP, which as you correctly say, doesn't need a LMO. I'm not sure you'd qualify as 'specialized knowledge' from what you've said - have a read of this to see you meet the criteria under that category. http://britishexpats.com/wiki/Intra-...ransfer-Canada

HTH, good luck.
hi thanks for the quick response. much appreciated.

I have been previously informed that even though we have had an enforced separation (ie I've had to wait here whilst job offer etc has been sorted, run off our lease, basically extract myself from a life over here!!) that provided we have lived together for over a year previously and can demonstrate the relationship is ongoing we should not lose our common-in-law status.

Does anyone else have any further insight on this as that was kind of my banker!!
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