Spousal Open Work Permit

Old Mar 24th 2008, 1:23 am
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Default Re: Spousal Open Work Permit

Hi There

MOH is a nurse so requires a medical for a TWP so we will wait till we have the letter from London. We have young kids so there is no way we would take the risk of getting turned away at POE for whatever reason there might be. I accept that till your in there is a risk but we are going to minimise it as much as poss.

Cheers
Tom
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Old Mar 24th 2008, 1:36 am
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Default Re: Spousal Open Work Permit

Totally appreciate this! Seems to make the most sense. What's another month!

Just can't fathom in some ways though, how a TWP can be quite as thoroughly looked into at a busy POE than when you send it off to London office.

Not my problem though hey, maybe I’m looking into it too much!

Good luck and keep us informed of your progress. I’m sure you will have success!!
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Old Mar 24th 2008, 5:35 am
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Default Re: Spousal Open Work Permit

I thought that even if you went with a Letter of Approval, that still isn't a guarantee that you will be given entry.

It is the actual IO at the POE that makes the decision to let you in.

I always assumed that it was your passport number and name that would flash up any problems to the IO as he puts your information onto his PC?

Perhaps I am wrong and no doubt someone will tell me if I am!
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Old Mar 24th 2008, 7:18 am
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Default Re: Spousal Open Work Permit

Originally Posted by AmyDavid
I thought that even if you went with a Letter of Approval, that still isn't a guarantee that you will be given entry.

It is the actual IO at the POE that makes the decision to let you in.

I always assumed that it was your passport number and name that would flash up any problems to the IO as he puts your information onto his PC?

Perhaps I am wrong and no doubt someone will tell me if I am!
Thats my understanding too but I think its the case for any visa category not just TWP. I think theoretically you can wait your 4 years or whatever and get PR and still be refused entry at the POE. I'm not sure what the circumstances might be for that to happen but I guess until your landed it always a risk.

Cheers
Tom
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Old Mar 24th 2008, 9:52 am
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Default Re: Spousal Open Work Permit

Originally Posted by AmyDavid
I thought that even if you went with a Letter of Approval, that still isn't a guarantee that you will be given entry.

It is the actual IO at the POE that makes the decision to let you in.

I always assumed that it was your passport number and name that would flash up any problems to the IO as he puts your information onto his PC?

Perhaps I am wrong and no doubt someone will tell me if I am!
I agree too, however I thought getting a Letter of Approval gave the IO less chance of turning you away.

I understand that a positive LMO means that you are not taking a job from a Canadian and they are allowed to employ a foreign worker,

What does getting a Letter of Approval actually mean though???

Is it really necessary????
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Old Mar 24th 2008, 10:09 am
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Default Re: Spousal Open Work Permit

I think it means that you and your proposed job have been checked and approved by all the measures used. It is not necessary as you can apply at POE without it. I presume that for a TWP once the job is Ok'd via LMO it is essentially a security check.

I would assume that the IO at POE has access to the same databases as CIC London therefore they would follow the same procedure. I think you would take longer to clear immigration at your POE than if you had the letter of approval, but I don't know for sure.

There is no pressure on the IO at the POE they can take as long as they need to so I don't think it would be any less thorough at POE.

Cheers
Tom
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Old Mar 24th 2008, 10:25 am
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Default Re: Spousal Open Work Permit

Originally Posted by lauder99
I think it means that you and your proposed job have been checked and approved by all the measures used. It is not necessary as you can apply at POE without it. I presume that for a TWP once the job is Ok'd via LMO it is essentially a security check.

I would assume that the IO at POE has access to the same databases as CIC London therefore they would follow the same procedure. I think you would take longer to clear immigration at your POE than if you had the letter of approval, but I don't know for sure.

There is no pressure on the IO at the POE they can take as long as they need to so I don't think it would be any less thorough at POE.

Cheers
Tom
Tom,
Is it your employer’s job to check out all of the references and qualifications rather than the IO? I just thought if IO does it as well they might find it more difficult with time zones and the fact that referees may not be in office if they needed to call?

Saying this, my husband’s employer has spoken with CIC and they said as long as a Canadian doesn't want the job they don't mind who has it?? But then again that may have just been one person’s opinion.
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Old Mar 24th 2008, 10:33 am
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Default Re: Spousal Open Work Permit

As far as I can figure it your prospective employer is responsible for checking your references etc to show you are qualified for the job. they then submit all of your details and the proof that you are suitable for the job to HRSDC for the LMO. The LMO is mainly to cover the need for a foreign employee but also to verify that the specific worker is qualified.

It is possible for a company to get an LMO approved in advance for a job but they still require to get the individual whom they want for that job approved before the LMO can be assigned to you.

I think CIC only do the medicals, police checks and background checks.

I dont think it likely that an IO would be checking references, I think it is more likely that they will be checking for updates on your security status terrorist watch list etc in case it has been changed since you applied to London.

HTH

Tom
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Old Mar 24th 2008, 10:35 am
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Default Re: Spousal Open Work Permit

Hi

Originally Posted by Lauraandfam
Tom,
Is it your employer’s job to check out all of the references and qualifications rather than the IO? I just thought if IO does it as well they might find it more difficult with time zones and the fact that referees may not be in office if they needed to call?

Saying this, my husband’s employer has spoken with CIC and they said as long as a Canadian doesn't want the job they don't mind who has it?? But then again that may have just been one person’s opinion.
It maybe the employers opinion, but if the wages are par with similar jobs in the location, its a no go. One reason for refusal by the IO is if there is a labour dispute in progress when you arrive for the job.
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Old Mar 24th 2008, 10:48 am
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Default Re: Spousal Open Work Permit

Originally Posted by PMM
Hi



It maybe the employers opinion, but if the wages are par with similar jobs in the location, its a no go. One reason for refusal by the IO is if there is a labour dispute in progress when you arrive for the job.
Sorry PMM, do you mean " not " on par with similar jobs in the location, it’s a no go?

What do you mean by labour dispute?? If there isn't agreement by CIC and your employer, no positive LMO would be issued and then you would never even get to see an IO.

I am right to think that by having the positive LMO there is no labour dispute in progress?

Ta for the time in explaining to a newbie x
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Old Mar 24th 2008, 10:54 am
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Default Re: Spousal Open Work Permit

you need to bear in mind the time delay between the LMO being granted and getting your letter and presenting yourself at the POE. We are moving pretty quick by most standards but it is still likely to take 6-8 weeks between LMO and TWP letter and then a further months notice to work. Its likely to be anywhere from 3 months onward. A lot could happen in that time.

Tom
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Old Mar 24th 2008, 11:05 am
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Default Re: Spousal Open Work Permit

Originally Posted by lauder99
you need to bear in mind the time delay between the LMO being granted and getting your letter and presenting yourself at the POE. We are moving pretty quick by most standards but it is still likely to take 6-8 weeks between LMO and TWP letter and then a further months notice to work. Its likely to be anywhere from 3 months onward. A lot could happen in that time.

Tom
Don't you sign a contract with your employer to ensure the conditions of the positive LMO are adhered to? I mean they can't just change things once you have a positive LMO can they? Or am being a little naive??

I mean people are giving up a lot- selling house, taking kiddies from school etc.
You wouldn't want to find out after all that that there is some kind of dispute going on when at POE.
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Old Mar 24th 2008, 11:13 am
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Default Re: Spousal Open Work Permit

there is always that risk, you have to make sure of the company you are dealing with before you make that move. We are dealing with Calgary Health who are pretty big and have done this before so we have some trust there, nursing is also unionised so there are fairly strict rules about employment, working terms etc. I would be a lot more sceptical if it was a small company that had never done this before.

And remember you are dealing with a government bureaucracy anything can happen. Having said all that it seems to go Okay for the vast majority of applicants every year.

I'm trying not to think of all the things that could go wrong because they are many and varied

Tom
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Old Mar 24th 2008, 11:23 am
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Default Re: Spousal Open Work Permit

Originally Posted by lauder99
there is always that risk, you have to make sure of the company you are dealing with before you make that move. We are dealing with Calgary Health who are pretty big and have done this before so we have some trust there, nursing is also unionised so there are fairly strict rules about employment, working terms etc. I would be a lot more sceptical if it was a small company that had never done this before.

And remember you are dealing with a government bureaucracy anything can happen. Having said all that it seems to go Okay for the vast majority of applicants every year.

I'm trying not to think of all the things that could go wrong because they are many and varied

Tom
Yep, I agree.

I truly don't think the system is set out to hinder you.

Just being prepared is sensible.

Hope all goes well Tom. I'm sure with such a large company it does help.

At the end of the day......you've got to be in it to win it!!!
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Old Mar 24th 2008, 11:31 am
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Default Re: Spousal Open Work Permit

Absolutely you have to do your due diligence as no-one is really looking out for you in the whole process. The big company gives some reassurance but not without its own issues. they are not always totally up to date on things so we have been double and triple checking everything we have been told, never taking anything at face value.

We are happy with where we are at but still a few hurdles to get over. We put in a PR application as a back up even though we always intended to go TWP.

I just wish I'd found this place sooner as we would have been over beofre now if I had been able to access the knowledge wrapped up here.

Good luck with your plans, where are you heading?

Tom
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