BF is a Cook and will be laid off, can I still process for open permit?

[iamkaori]

Hello forum mates,

My bf became a skilled worker (cook) in AB last December 2012 and the validity of his work permit will be for 2 years. Last week, he heard from his co-worker that since he is a contract worker, he might get laid off from his job.

My bf and I have plans of getting married this year. I am a TRV application and we are planning to get marry in Canada. If I will be able to get a visa and after the marriage, can I (as spouse) still apply for open permit, since his skilled workpermit will expire on Dec 2014?

Please help.. thanks to those who will reply and share their thoughts.

 

[iamkaori]

can somebody help me please???

 

[ragluf]

Check his NOC, if he falls under A, B or O. Spouses of those with these NOCs are eligible for an open work permit.
More here...http://www.cic.gc.ca/english/work/apply-who.asp

/brgds...

 

[iamkaori]

hi ragluf,

thanks for your reply,
yes, he is a skilled worker and being a cook, his NOC is B..

if he will be terminated and wishes to go back here in our home country and have our marriage done here instead (assuming, my TRV application to Canada has been denied), can he go back to Canada with his work permit and I can apply for open work permit here in the Philippines? His work permit will expire on Dec 2014.

Thanks again for your help!

 

[amira_mais]

yes, he is a skilled worker and being a cook, his NOC is B..
if he will be terminated and wishes to go back here in our home country and have our marriage done here instead (assuming, my TRV application to Canada has been denied), can he go back to Canada with his work permit and I can apply for open work permit here in the Philippines? His work permit will expire on Dec 2014.
Thanks again for your help!

If your boyfriend loses his job, then you wouldn't be eligible to apply for an open work permit. The saving grace is that he can remain in Canada and look for another job until his current WP expires (but must get an LMO and new WP). If he leaves Canada after losing his job, he no longer has legal status in Canda and wouldn't be allowed back in.

 

[ragluf]

Hi,

You have several things in here that need to align properly.

1. if he is terminated and wishes to go back to the PH to get married:
- if he is terminated, he still has an unexpired WP, and can leave the country, but in order to re-enter Canada, he needs a re-entry visa. Work permits allows you to work and reside temporarily in Canada, Visa allows you to travel into Canada. 2 separate documents.

Check his current visa, if he has a multiple entry visa, then technically he can return, get married, and re-enter Canada. If not, he need to apply for a re-entry visa, in which the reason to get one is that he is currently employed/has worker status and will be on vacation and will return. So his status in Canada may be verified as part of his application for the re-entry visa.

Additional reservations - in order to leave the PH and return to Canada, as a worker, he needs to obtain clearance from POEA - he needs to get an OEC (if his OEC is expired). To get this, proof of current employment or a letter from the current employer stating he is on leave and will return back to Canada to resume employment - this is one of the requirements. Keep this in mind as you said he may be terminated.

You see there are lots of complications with loss of employment if you are on a WP.

2. and I can apply for open work permit here in the Philippines:
- yes you can apply for an open work permit in the Philippines provided he satisfies the requirements. But first you need to get married, (and get an authenticated marriage certificate from the NSO).

Now word of advise, I do not want to put a damper on this, I intend to just make sure you are informed of all possibilities - take note that the granting of an OWP to you is based on his WP and status. During the course of processing your application, the background checks may include checking his current status and if he is unemployed, this bodes unfavorably on your application.

/all the best...

 

[iamkaori]

Thanks Amira for your input and to you Ragluf for the detailed explanation of the possible outcomes if ever my bf will get terminated. I guess, I have to advice him not to go back here in the Philippines due to complications and better stay in Canada to look for other same skilled job (as cook). I just wish, my TRV application will be approved so we can get marry in Toronto, I will definitely will not stay for long and abuse the visa. I will go back here as I have a stable job. If ever he will be able to find another employer, I can apply here by open permit, right? there is no need for NSO as marriage cert processing in Canada especially in Toronto isnt that long. My only fear will be, if the VO here in Manila will question my marriage in Canada while I am on a visit visa?

We are in 4 years in relationship and 3 years out of that 4, we are away from each other. We both to get marry and be together but circumstances wont allow us.

I really do hope my TRV will be approved, at least I can see him there..