Apply for PR as a business owner on an open work permit.

[gosia.h]

We tried to find info everywhere, nobody knows which drawer to put our family into...
We came to Canada under Federal Skilled Worker program in march 2013, our daughter was born in Canada soon after.
In June 2014 we got open work permits and in August 2014 my husband established his own carpentry business.
We would like to apply for PR, but:
- we can't apply under Federal Skilled Worker program other way then through Express Entry. That gives us to little points as my husband can't obtain LMIA (as he works for himself).
- to apply under "start-up visa" program he needs letter of support from designated organization - again, his business is already in Canada, established, he doesn't need investors, sponsors or support...
We are lost...
Any ideas what could we do? How can we apply for PR now?
Thank you.

 

[canuck_in_uk]

We came to Canada under Federal Skilled Worker program in march 2013, our daughter was born in Canada soon after.
In June 2014 we got open work permits and in August 2014 my husband established his own carpentry business.

If you came to Canada through FSW, you would already be PRs. On what basis did you obtain OWPs?

 

[gosia.h]

OWP is an extension to an "employer specific" permit we got under the FSW program.
No, we do not have PR, we would like to apply for it. We would like to know which route to take.

 

[canuck_in_uk]

OWP is an extension to an "employer specific" permit we got under the FSW program.
No, we do not have PR, we would like to apply for it. We would like to know which route to take.

FSW is a PR immigration stream, so if you had come to Canada under FSW, you would already be PRs. I'm guessing that you mean you came to Canada under the TFW program, Temporary Foreign Worker.

An OWP is only given in a few situations. http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17. What is the specific basis for your OWP being issued?

 

[Leon]

Open work permits are fairly uncommon. There are few situations that warrant one. One would be that you were a student and graduated. One would be that you are the spouse of a student or skilled TFW. Hence you might have an open permit based on his skilled permit as a carpenter but he might not have one.

Most immigration classes are geared towards employees, not self employed. You can look into PNP in your province but aside from that, I don't think you have many options.

One option might be giving up his business and taking up a skilled job as a carpenter. With a job offer, work experience in Canada etc., he could find a way to apply for his PR.

 

[gosia.h]

WOW! That makes it even more complicated...

My husband passed Red Seal exam in June 2013 and was issued employer specific visa, valid for a year.
He did his hours for the company and in March 2014 they extended our visas to 2 year ones. It states on them:
Employer: ANY
Not authorized to work in any other occupation other then stated... no training, etc...
And this:
This WP application is in relation to the province of Alberta occupation-specific pilot project.

He was told he is here under Federal Skilled Worker program, that's why he did not need LMO at the time. Just needed to prove his qualifications by passing the exam.

I don't think he will want to go back working for somebody else after having his business established.

 

[Leon]

I see this program here: http://www.cic.gc.ca/english/resources/tools/temp/work/pilot/alberta-occupations.asp

The problem is again, it's not much use having your own business when you can't qualify to apply for PR. The open work permit is not forever and when it doesn't get extended, then what?

Have you looked into this immigration class under AINP? http://www.albertacanada.com/opportunity/immigrating/ainp-srs-compulsory-optional-trades-criteria.aspx Based on having worked for someone else for a minimum of 6 months in the past 2 years, he may qualify under that.