How to apply open work permit from USA.

[S Anant C]

Hi Team,

I am a H1B VISA holder(IT) in USA & recently got married. My partner hold the Canada PR approved. However, she is stuck in INDIA and yet to arrive in Canada. Here, I am looking for an suggestion if, I can apply for an open work permit and once its allotted and i can come to Canada and start working while moving ahead with the PR process.

The reason, I am looking for open work permit while staying in USA is because. Then may be my current organization may offer a job in Canada. And if not still. I don't want to sit idle, first, I want to search job and then oved to Canada.


Hoping to get resourceful suggestions on the question.

 

[scylla]

Hi Team,

I am a H1B VISA holder(IT) in USA & recently got married. My partner hold the Canada PR approved. However, she is stuck in INDIA and yet to arrive in Canada. Here, I am looking for an suggestion if, I can apply for an open work permit and once its allotted and i can come to Canada and start working while moving ahead with the PR process.

The reason, I am looking for open work permit while staying in USA is because. Then may be my current organization may offer a job in Canada. And if not still. I don't want to sit idle, first, I want to search job and then oved to Canada.


Hoping to get resourceful suggestions on the question.

You don't qualify to apply for an open work permit at this time.

In order to qualify for a work permit, both you and your partner must be physically living in Canada. Your partner must then submit an application to sponsor you as a spouse using the inland process and then include an open work permit with the sponsorship application package. The OWP will be approved around 4-6 months after the complete inland sponsorship application package is received.

So the first step is for both you and your partner to move to Canada. The next step is to submit the spousal sponsorship application along with the OWP application.

This is the only option available to you to get an OWP through your spouse.

 

[S Anant C]

Thanks for your reply.

What if I take the spousal angle out and just apply for OWP on my own?

I mean is it possible for someone outside Canada (like in India or US (my current H1B status) to apply for OWP directly and then get it on my own basis? Not involving the spouse at all?

 

[scylla]

Thanks for your reply.

What if I take the spousal angle out and just apply for OWP on my own?

I mean is it possible for someone outside Canada (like in India or US (my current H1B status) to apply for OWP directly and then get it on my own basis? Not involving the spouse at all?

Short answer is no.

OWPs are only available in very specific circumstances.

Nothing in your profile indicates you qualify for an OWP.

 

[canuck78]

Thanks for your reply.

What if I take the spousal angle out and just apply for OWP on my own?

I mean is it possible for someone outside Canada (like in India or US (my current H1B status) to apply for OWP directly and then get it on my own basis? Not involving the spouse at all?

Your only option would be an ICT or closed work permit which would require an LMIA unless exempt.