Advice on Work Permission Options for My Wife

[alemoo]

Hi,

Can someone help me determine the options available for my wife to get permission to work in Canada?

We are going to be applying very soon for Family Class Sponsorship. She is a Mexican national, and can't demonstrate strong ties to Mexico, hence us not bothering trying for a TRV. She hasn't completed her high school. She has two years management experience (hotel cleaning staff supervisor - in charge of 20 employees). Also she speaks fluent English.

The reason why I'm inquiring about the work permission is because I moved to Mexico City so that I can be with her, and the plan was to save up and then apply for Sponsorship, and then two years later when it's approved, we go to Canada...but it's really hard living here and I really want to find some way to take her home.

What I'm confused about is on the CIC's website it says you can apply for an Open Work Permit if your spouse is a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B.
Your spouse? So if I am in that classification, she can apply for a work permit? Don't they mean that if she is in that classification, she can apply?
I am a network engineer, with four years experience in Help Desk, and a 44 week network engineering diploma from a private, accredited college in Ontario.

I'm just looking for a way to take her home sooner...

 

[scylla]

No - she can't apply. The rule you have quoted only applies to foreign workers who are in Canada and their spouses. Since you are a Canadian citizen or PR - this rule doesn't apply to you.

If you are applying outland, the only way your wife can secure a work permit before she becomes a PR is by obtaining a full time job offer from a Canadian employer, having that employer obtain an approved LMIA, and then applying for a closed work permit tied to that specific employer.

 

[surleplateau]

Have you looked into getting your wife a Study Permit (student visa) for Canada so you guys can live together in Canada?

I realize that international student fees are more expensive, but it's something to consider.

I think study permits now come with an on-campus work permit. It's not much, but it's something. And if she goes to school for 1-2 years, she could get a Post-Graduate Work Permit (PGWP). It's *not* extendable/renewable, but a Study Permit + PGWP might give you guys enough time to wait out her PR sponsorship.

It doesn't have to be university-level, although that would give her a longer study/PGWP permit, but I think even some trade schools and language schools can give permits up to 6-8 months? There are Continuing Education programs, adult education, and other professionalization programs she might be admissible for.

And if at the end of her work/study permits, if you guys still need time, then she can apply to Change Status / Extend Stay in Canada, which could give her a Temporary Resident Visa. With this, she can *not* work, but at least you guys will be together until her PR app gets finished.

My knowledge of study permits is a little outdated after some recent changes (if student spends 90 days without being enrolled/attending school, their study permit becomes invalid, etc), so do some more research.

 

[scylla]

The issue with the study permit is that she'll need to demonstrate that she is a genuine student (i.e. her planned studies in Canada make sense in light of her previous education and experience) and has strong ties to her home country (and no plans on remaining in Canada long term). OP has already indicated she has very little in the way of ties to her home country and she's married to a Canadian. Given she hasn't completed high school, there are probably a limited number of courses she can be accepted into in Canada and it will also likely be difficult to convince CIC she is a genuine student. Having said all of that, they can certainly try. It's probably too late to make it for the January semester. So they would be aiming for the May 2016 semester.

I think they have a higher chance of being approved for a TRV than a study permit.

 

[alemoo]

It looks like a study visa is out of the question, especially considering the international student fees. At least we are together now. I just have to be careful living here and hopefully there won't be any safety issues.