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Francophone Mobility -> Requesting open work permit

Oct 26, 2023
15
0
Hi,

I'm in the process of applying for a temporary work visa under the Francophone Mobility in order to extend my current Working Holiday Visa. My employer has already given me the number so I just have to fill the form. I would like to apply for an open work permit but I am not sure I can.

On the form, I have a choice to select either "open" or "exemption from LMIA" work permit. On Canada.ca, it says:

You may be eligible for an open work permit if you:

  • are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
  • are a student who’s no longer able to meet the costs of your studies (destitute student)
  • applied for permanent residence in Canada
  • are a dependent family member of someone who applied for permanent residence
  • are the spouse or common-law partner of a skilled worker or international student
  • are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
  • are a refugee, refugee claimant, protected person or their family member
  • are under an unenforceable removal order
  • are a temporary resident permit holder
  • are a young worker participating in special programs

Technically I am a temporary resident with a valid open work permit so do I qualify? Do I risk my whole application if I put "open" instead of "exemption from LMIA"?

Thank you!
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,

I'm in the process of applying for a temporary work visa under the Francophone Mobility in order to extend my current Working Holiday Visa. My employer has already given me the number so I just have to fill the form. I would like to apply for an open work permit but I am not sure I can.

On the form, I have a choice to select either "open" or "exemption from LMIA" work permit. On Canada.ca, it says:




Technically I am a temporary resident with a valid open work permit so do I qualify? Do I risk my whole application if I put "open" instead of "exemption from LMIA"?

Thank you!
You have to apply for a closed work permit. You do not qualify for an open work permit. You are not in Canada on a TRP and do not meet this criteria. TRPs are different than TRVs. TRVs are regular visitor visas. TRPs are special visas for people who are inadmissible to Canada typically due to a crime.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

Thanks for your answer!

So Temporary Resident Visas have nothing to do with Temporary Resident Permits?
As said above, two completely different things. Nothing to do with each other.

TRV = temporary resident visa. This is a normal tourist visa.

TRP = temporary resident permit. This is a difficult to get temporary permit for people who are otherwise inadmissible to Canada (typically due to a crime) but have a high priority need to be in Canada (e.g. terminally ill Canadian family member). The open work permit clause you bolded above only applies to TRPs.
 
Oct 26, 2023
15
0
Thank you for clearing that out!

Now if I also applied for permanent residence, I would qualify for an open work permit?

Thank you!
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for clearing that out!

Now if I also applied for permanent residence, I would qualify for an open work permit?

Thank you!
Depends on what stage your PR application is in. Which program have you applied through? At what stage is your application?
 
Oct 26, 2023
15
0
Well I have only created my Express Entry profile at this point. But I could probably apply for the Self-employed Persons Program.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Well I have only created my Express Entry profile at this point. But I could probably apply for the Self-employed Persons Program.
For Express Entry, you need to receive ITA, submit your complete application post ITA, and receive AOR before you can apply for a BOWP (and your current work permit must be valid at the time you apply for the BOWP). What's your EE score? Best case scenario you are likely at least 2-3 months away from qualifying for a BOWP under EE. This assumes you have a high EE score.

I'm not aware that the BOWP is an option if you apply through the self-employed program. I'm personally not a big fan of this program because you have to prove the "world class" bit and because processing times are over 4 years which is a crazy long time to wait.

For both EE and self-employed, you have to demonstrate that you plan to live outside of Quebec. So you need to think about that as well and how you will show that.
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
Well I have only created my Express Entry profile at this point. But I could probably apply for the Self-employed Persons Program.
What is your NOC? What is your CRS score?

Self employed program approves under 1000 people per year and processing is about 3 years. Few are approved. You would need business plan, past history as a self employed business and show that you can be self employed in Canada without an employer.
 
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scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What is your NOC? What is your CRS score?

Self employed program approves under 1000 people per year and processing is about 3 years. Few are approved. You would need business plan, past history as a self employed business and show that you can be self employed in Canada without an employer.
Self employed is actually clocking in at an average processing time of 4.5 years these days...

I'm also pretty sure there's no BOWP with this program.
 
Oct 26, 2023
15
0
Thank you all for your very valuable feedback!

What is your NOC? What is your CRS score?

Self employed program approves under 1000 people per year and processing is about 3 years. Few are approved. You would need business plan, past history as a self employed business and show that you can be self employed in Canada without an employer.
My noc is 4031 and my CRS score is only 444 because I'm not currently employed full-time (and not really wanting to). So yeah, not really counting on it...

Self employed is actually clocking in at an average processing time of 4.5 years these days...

I'm also pretty sure there's no BOWP with this program.
Well my idea was to use the Self-Employed application to be eligible to apply for an temporary open work permit (still following the Francophone Mobility procedure) instead of a close one (see 3rd criteria). So I'm not thinking about the BOWP.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you all for your very valuable feedback!



My noc is 4031 and my CRS score is only 444 because I'm not currently employed full-time (and not really wanting to). So yeah, not really counting on it...



Well my idea was to use the Self-Employed application to be eligible to apply for an temporary open work permit (still following the Francophone Mobility procedure) instead of a close one (see 3rd criteria). So I'm not thinking about the BOWP.
Unfortunately you have no chance of being invited with a score of 444. Can you increase it to closer to 500?

I don't know if applying for PR under self-employment will qualify you for the open work permit. You can certainly try. You will want to make sure you have AOR for the self-employment application before you submit the open work permit application (you'll need to attach proof of AOR to the open work permit application). So if you want to pursue this, next steps are to submit the self-employment application asap since AOR takes several months.
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
Thank you all for your very valuable feedback!



My noc is 4031 and my CRS score is only 444 because I'm not currently employed full-time (and not really wanting to). So yeah, not really counting on it...



Well my idea was to use the Self-Employed application to be eligible to apply for an temporary open work permit (still following the Francophone Mobility procedure) instead of a close one (see 3rd criteria). So I'm not thinking about the BOWP.
NOC 4031 is teacher so not eligible got self employment as the program is for sports & arts.
 
Oct 26, 2023
15
0
Unfortunately you have no chance of being invited with a score of 444. Can you increase it to closer to 500?

I don't know if applying for PR under self-employment will qualify you for the open work permit. You can certainly try. You will want to make sure you have AOR for the self-employment application before you submit the open work permit application (you'll need to attach proof of AOR to the open work permit application). So if you want to pursue this, next steps are to submit the self-employment application asap since AOR takes several months.
Mhh. I see. Maybe I could increase my score slightly by taking a IETLS test for second language but I doubt it will get me to 500... Also my work permit expires in 2 months so I probably won't have time to wait for the AOR.


NOC 4031 is teacher so not eligible got self employment as the program is for sports & arts.
Well I am mostly also a computer programmer and I do a lot of cultural activities on the side, so I have more than one string to my bow.

But yeah, maybe I'll have to do with a close work permit for now... I guess I can always re-apply for an open work permit later?
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
Mhh. I see. Maybe I could increase my score slightly by taking a IETLS test for second language but I doubt it will get me to 500... Also my work permit expires in 2 months so I probably won't have time to wait for the AOR.




Well I am mostly also a computer programmer and I do a lot of cultural activities on the side, so I have more than one string to my bow.

But yeah, maybe I'll have to do with a close work permit for now... I guess I can always re-apply for an open work permit later?
Computer programmer is not eligible. The program is for artists, authors, coaches etc.