I am married to a Canadian skilled worker can i get an open work permit if I've never worked before?

[cheetodreads]

I was reading Labor Market Opinion exemption C41, which says:

Spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse is eligible to apply for an open work permit if the principal foreign worker

• holds a work permit that is valid for a period of at least six months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of six months;
• is employed in an occupation that falls within National Occupational Classification (NOC) skill levels 0, A or B (which generally include management and professional occupations and technical or skilled trades [see the NOC website]);
• physically resides or plans to physically reside in Canada while working.
  
  I'm a US citizen and plan to marry a Canadian skilled worker (skill level B), could I get an open work permit if I've never worked before, or do I have to have been a worker previously or must I become a temporary foreign worker for this to apply?

 

[scylla]

Is the person you're marrying a Canadian citizen or Canadian permanent resident? Or is that person a foreign worker who is in Canada on a work permit?

 

[cheetodreads]

they are a canadian citizen

 

[scylla]

In that case the rule you've quoted unfortunately doesn't apply. This rule is reserved for non-Canadians (foreign workers) who are in Canada on a work permit. If they have a skilled job, their spouse can qualify for an open work permit.

Since your spouse / common-law partner is Canadian, rule doesn't apply to you.

To qualify for an open work permit, you would first need to be physically in Canada and then your Canadian spouse/common law partner would have to sponsor you for PR using the inland application route (including an OWP application with the sponsorship package). The OWP will be approved around four months after the application is submitted. However as an American, you're better off applying outland (much much faster although it doesn't come with an open work permit).

 

[cheetodreads]

thank you so much for replying, it took me a while to understand what you said in the first paragraph but i think i understand the meaning of this rule. I just want to get a job, but having no experience and not being able to legally work i dont think i can convince anyone to hire me so i wanted an open work permit to see if that would help, but since inland takes so much longer and i can't leave canada either if i get a job, i guess outland is the way to go. Do you have any idea just how much faster applying outland is?

 

[scylla]

I would recommend you join the Family Sponsorship section of the forum. This is where you'll find discussions on this subject.