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Visitor Record when already on OWP

Visitor Record when already on OWP

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Old Jul 29th 2015, 1:11 am
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Default Visitor Record when already on OWP

We are currently living in Canada. We came on an Intra Company Transfer, had 3 three year work permit. I have an OWP on the back of OH.
OH lost his job in March. He has a written job offer but of course needs a new work permit.
Currently applying for LMIA having to readvertise job etc to meet criteria.
As an Anglican priest I can in theory qualify for a visitor record as i am exempt from LMIA etc. Would the OH be able to get an OWP on the back of me and then be able to start work earlier?

I work 20-30 hours a week if that makes any difference.

Thank you for allowing me to pick your brains!
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Old Jul 29th 2015, 6:49 am
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Default Re: Visitor Record when already on OWP

Originally Posted by Tootlepootle
We are currently living in Canada. We came on an Intra Company Transfer, had 3 three year work permit. I have an OWP on the back of OH.
OH lost his job in March. He has a written job offer but of course needs a new work permit.
Currently applying for LMIA having to readvertise job etc to meet criteria.
As an Anglican priest I can in theory qualify for a visitor record as i am exempt from LMIA etc. Would the OH be able to get an OWP on the back of me and then be able to start work earlier?

I work 20-30 hours a week if that makes any difference.

Thank you for allowing me to pick your brains!
No because your work permit was based on his work permit plus you can't get any OWP off a visitor record. He will have to wait for a positive LMIA then flag pole to get a new work permit or have one issued by CIC.
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Old Jul 29th 2015, 11:20 pm
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Default Re: Visitor Record when already on OWP

I am working, can I not get an exemption from a work permit under R186 and an OWP issued for OH?
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Old Jul 30th 2015, 12:59 am
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Default Re: Visitor Record when already on OWP

Originally Posted by Tootlepootle
I am working, can I not get an exemption from a work permit under R186 and an OWP issued for OH?
I guess it depends how CBSA look at your situation. You initially came in on an Intra Co Transfer which person was that and what was the job?
Jobs under ITC normally allow the spouse to apply for a SOWP.
There are 2 ways clergy members usually come in either under reg 186(I) no work permit and issued a visitor record or reg 205(d) where a work permit is issued and no LMIA is required.
Read this link and the link on the page to see the differences

International Mobility Program: Authorization to work without a work permit – Clergy

Clergy are in NOC code 4154 skill level A.
To get a SOWP the following requirements have to be met

•you are ◦allowed to work in Canada for at least six months,
◦doing work in Canada that meets a minimum skill level (usually work that requires at least a college diploma) and
◦doing a job listed in Skill Level 0, A or B in the National Occupational Classification.

I guess the argument could be made that a priest entering under reg 186(I) doesn't require a work permit but if accompanied by a spouse and the SOWP conditions are met then a SOWP could be issued. Not a scenario I have ever come across. Most clergy members I have dealt with have not been married.
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Old Jul 30th 2015, 3:28 am
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Default Re: Visitor Record when already on OWP

Originally Posted by Former Lancastrian
I guess it depends how CBSA look at your situation. You initially came in on an Intra Co Transfer which person was that and what was the job?
Jobs under ITC normally allow the spouse to apply for a SOWP.
There are 2 ways clergy members usually come in either under reg 186(I) no work permit and issued a visitor record or reg 205(d) where a work permit is issued and no LMIA is required.
Read this link and the link on the page to see the differences

International Mobility Program: Authorization to work without a work permit – Clergy

Clergy are in NOC code 4154 skill level A.
To get a SOWP the following requirements have to be met

•you are ◦allowed to work in Canada for at least six months,
◦doing work in Canada that meets a minimum skill level (usually work that requires at least a college diploma) and
◦doing a job listed in Skill Level 0, A or B in the National Occupational Classification.

I guess the argument could be made that a priest entering under reg 186(I) doesn't require a work permit but if accompanied by a spouse and the SOWP conditions are met then a SOWP could be issued. Not a scenario I have ever come across. Most clergy members I have dealt with have not been married.
Thanks FL - its unusual but could save us a couple of months of unemployed husband! He's been off since March!
If we tried it and it was denied would it affect our current status?
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