IEC Visa - sponsoring partner for open work permit

[Elizaj]

Hello,

I'm after some specific information. I am on the IEC visa and I am looking for information to do with sponsoring my common-law boyfriend for an open work permit.

According to the CIC website these are the conditions:

"However, your spouse or common-law partner may be able to apply for an open work permit—allowing him or her to accept any job with any employer—if you meet these conditions:
* you are
* allowed to work in Canada for at least six months,
* doing work in Canada that meets a minimum skill level (usually work that requires at least a college diploma) and
* doing a job listed in Skill Level 0, A or B in the National Occupational Classification. "


Technically I meet all these conditions. I have a skilled profession in category B (graphic designer) I have been working in Canada for the past 4 months in this profession however my concern is that this work hasn't been full time.

As graphic design is a very flexible profession I have been doing short term contract work for different the businesses for the past 4 months. The work is provided through agencies and I can provide proof in the form of pay slips that I have been paid as a graphic designer. Even though I have mostly been working full time hours, I know this is not really considered to be full time work and I don't technically have an employer.

I cannot find anywhere the terms about work/skilled profession and if it must be full time or not. The copied text does not imply it must be full time however i have heard through word of mouth that it should be.

Can anyone please help me with this question?

Thanks!!

 

[Bs65]

Are you saying that in working in Canada for 4 months you have been apart from your partner as that could break the common law qualification of 12 consecutive months. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

 

[Elizaj]

Are you saying that in working in Canada for 4 months you have been apart from your partner as that could break the common law qualification of 12 consecutive months.

No he has been here on a tourist visa, we live together in Toronto and in the past few months he has been doing short trips to go skiing. Recently he has been looking for a job in his field for a sponsored work visa but not having any luck with that yet.

 

[ozlis]

Hello,

I'm after some specific information. I am on the IEC visa and I am looking for information to do with sponsoring my common-law boyfriend for an open work permit.

According to the CIC website these are the conditions:

"However, your spouse or common-law partner may be able to apply for an open work permit—allowing him or her to accept any job with any employer—if you meet these conditions:
* you are
* allowed to work in Canada for at least six months,
* doing work in Canada that meets a minimum skill level (usually work that requires at least a college diploma) and
* doing a job listed in Skill Level 0, A or B in the National Occupational Classification. "


Technically I meet all these conditions. I have a skilled profession in category B (graphic designer) I have been working in Canada for the past 4 months in this profession however my concern is that this work hasn't been full time.

As graphic design is a very flexible profession I have been doing short term contract work for different the businesses for the past 4 months. The work is provided through agencies and I can provide proof in the form of pay slips that I have been paid as a graphic designer. Even though I have mostly been working full time hours, I know this is not really considered to be full time work and I don't technically have an employer.

I cannot find anywhere the terms about work/skilled profession and if it must be full time or not. The copied text does not imply it must be full time however i have heard through word of mouth that it should be.

Can anyone please help me with this question?

Thanks!!

I'm fairly sure you can't sponsor anyone on an IEC permit unfortunately. I would suggest a quick call to an immigration specialist or maybe check the application forms to see if you need to have a formal job offer etc. As a contractor, you might find it a little difficult.

 

[Elizaj]

You cannot sponsor anyone on an IEC permit unfortunately.

'Sponsor' might have been the wrong word to use... From what I have researched he can apply for his own separate open work permit as long as 'I' meet the above conditions.


"Spouses, Common-Law partners and/or Dependents:

CIC has no specific policy prohibiting spouses and dependants of IEC participants from joining them in Canada. However, the spouse and dependant(s) must be admissible to Canada on their own merits.

Work permits for spouses of IEC participants

Spouses of foreign nationals cannot obtain an open work permit under the “Public policy, competitiveness and economy R205(c)(ii)” (Labour Market Opinion (LMO) exemption C41, see FW 1, Section 5.38), unless they can meet the following eligibility requirements:

The principal foreign worker must be doing work which falls within NOC Skill Levels 0, A or B;
The principal foreign worker must hold a work permit that is valid for a period of at least six months;
The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.
Note: If an IEC participant in the Working Holiday Program category holds only the Letter of Introduction, CIC cannot determine if the participant is employed in a NOC 0, A or B occupation and, therefore, cannot issue an open work permit to the participant’s spouse. Once the IEC open work permit holder can prove that they are employed in a NOC 0, A or B position (i.e., letter from their employer and pay stubs), their spouse may then apply under the LMO exemption C41.

 

[ozlis]

'Sponsor' might have been the wrong word to use... From what I have researched he can apply for his own separate open work permit as long as 'I' meet the above conditions.


"Spouses, Common-Law partners and/or Dependents:

CIC has no specific policy prohibiting spouses and dependants of IEC participants from joining them in Canada. However, the spouse and dependant(s) must be admissible to Canada on their own merits.

Work permits for spouses of IEC participants

Spouses of foreign nationals cannot obtain an open work permit under the “Public policy, competitiveness and economy R205(c)(ii)” (Labour Market Opinion (LMO) exemption C41, see FW 1, Section 5.38), unless they can meet the following eligibility requirements:

The principal foreign worker must be doing work which falls within NOC Skill Levels 0, A or B;
The principal foreign worker must hold a work permit that is valid for a period of at least six months;
The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.
Note: If an IEC participant in the Working Holiday Program category holds only the Letter of Introduction, CIC cannot determine if the participant is employed in a NOC 0, A or B occupation and, therefore, cannot issue an open work permit to the participant’s spouse. Once the IEC open work permit holder can prove that they are employed in a NOC 0, A or B position (i.e., letter from their employer and pay stubs), their spouse may then apply under the LMO exemption C41.

Well thats good to know!

The letter from employer bit is where you might struggle, I'd say that they would want to see an ongoing contract.

 

[ozlis]

Here are the application requirements for the spouse permit (still a little grey):

If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Citizenship and Immigration Canada (CIC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

The spousal applicant should submit all the supporting documents, including

a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
a copy of the principal foreign worker’s last three pay slips.

 

[Elizaj]

Here are the application requirements for the spouse permit (still a little grey):

If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Citizenship and Immigration Canada (CIC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

The spousal applicant should submit all the supporting documents, including

a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
a copy of the principal foreign worker’s last three pay slips.

Thanks! That helps a bit, but yes still a little bit grey on my specific work circumstances! I can definitely supply 3+ pay slips and records that I have been employed almost continuously for the past few months.. I suppose the only thing letting me down is that none of this shows proof I will continue to be employed...