Definition of 'academic' for open work permit

[oscillate.wildly]

Hi everyone,

I need some advice regarding the definition of an academic for an open work permit that does not require an LMIA. I posted this question within another post below but it got a little lost in my other questions.

I'm from the UK and have an offer to work in Canada for 3 1/2 months from May 2015, along with my long-term boyfriend from the USA (we're not married but are common-law according to the definition as have lived together for ~4 years). Because the job is less than 6 months, I cannot come on a spouse permit. The employer is not willing to go down the LMIA route.

I am currently studying a PhD in the same field that the job is in which is bird ecology and conservation. I will (should!) be awarded my PhD at the end of April (position starts May). I will then no longer by a PhD student, but I will continue to write and publish work from my PhD.

Academics do not require an LMIA, and a researcher is classed as an academic. But the definition of academic is fuzzy:
w w w .cic.gc.ca/english/work/apply-who-permit.asp

Can anyone shed some light on whether I may be included in this category? I am struggling to get contact info for advice.

Thanks!
Emma

 

[amira_mais]

You'll find some more specific details on this page: http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/academics/index.shtml

Without knowing more about what type of work you'll be doing or what type of institution you'll be working at, it's hard to say whether you'll need an LMIA or if you'll qualify for an exemption.

 

[oscillate.wildly]

You'll find some more specific details on this page: esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/academics/index.shtml

Without knowing more about what type of work you'll be doing or what type of institution you'll be working at, it's hard to say whether you'll need an LMIA or if you'll qualify for an exemption.

Thanks. To give you a little more info: the work is monitoring birds by running bird banding stations in Alberta in the Fort McMurray area. The work is through a Canadian agency that is hired by the Institute for Bird Populations in the USA. I am an experienced bird bander, and my PhD/research area is in bird migration in Africa. If you need to know anything else, please let me know!

 

[amira_mais]

Based on your additional details, I don't think you would qualify to get an LMIA-exempt work permit as an academic, unfortunately. If you want to verify with an official source, call CIC at 1-888-242-2100. I saw from your other posts that you're considering the IEC route, so hopefully that works out as an alternative.

 

[scylla]

Based on your additional details, I don't think you would qualify to get an LMIA-exempt work permit as an academic, unfortunately. If you want to verify with an official source, call CIC at 1-888-242-2100. I saw from your other posts that you're considering the IEC route, so hopefully that works out as an alternative.

Agreed. It doesn't sound like you would qualify for the academic exemption. It just sounds like you've been hired by a company since you have (or almost have) a PhD in an area of expertise they require. You're a regular foreign worker like anyone else.

 

[oscillate.wildly]

Thanks for the help everyone. Sigh. I just spoke to them and they said I would not qualify under academic, but that I could come as a spouse if his position comes under skilled worker, so need to look into that.

This is so deflating!

 

[scylla]

Thanks for the help everyone. Sigh. I just spoke to them and they said I would not qualify under academic, but that I could come as a spouse if his position comes under skilled worker, so need to look into that.

This is so deflating!

The rules for qualifying for an open work permit based on your partner's employment in Canada can be found here: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17

 

[oscillate.wildly]

The rules for qualifying for an open work permit based on your partner's employment in Canada can be found here: cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17

Thanks. He is definitely a skilled worker (code 212 Biologist) - when I spoke to the CIC they said the 6 month position was not necessary, so the website is a little confusing. I'm not sure whether he needs to have the position for 6 months (i.e. ALL of those criteria need to be filled) or the fact that he is a skilled worker is enough

Can anyone clarify whether the 6 month rule applies? If no, then I will be exempt from an LMIA!

 

[oscillate.wildly]

Just spoke to someone else at CIC and it's not how long he works, it's how long his permit is valid for

Does anyone therefore have experience with whether it is possible to be given a 6 month work permit if the position is for 3 1/2 months, or is it strictly for the time of employment?

Thanks for the help everyone

 

[amira_mais]

The second CIC person was correct. Your spouse's job needs to be at least six months in duration (among other criteria) in order for you to get a spousal open work permit.

 

[oscillate.wildly]

The second CIC person was correct. Your spouse's job needs to be at least six months in duration (among other criteria) in order for you to get a spousal open work permit.

Do you know if it is possible to get a work permit for longer than the job position?

Thanks

 

[scylla]

You should expect the work permit to be issued to match the duration of employment - unless the foreign worker's passport expires sooner, in which case the work permit will only be issued for the duration of the passport validity.