LMIA Exemption- Open workpermit application

[Purnimamallelwar]

Hi, I am a permanent resident of Canada. My husband lives in Michigan on H1B status. I did my masters in Canada in Environmental engineering and working as an environmental specialist in ON, Canada. Can I apply for my husbands open work permit under LMIA exemption? is there any other ways my husband can move to canada while his PR application is in progress?
Anybody else has applied for their spouse's open work permit while the spouse is living outside canada under LMIA exemption?
your response is appreciated.

Thanks,
Purnima

 

[scylla]

Your husband doesn't qualify for an open work permit. He would only qualify for an open work permit if both of you were in Canada and you applied to sponsor him using the inland sponsorship method and included an open work permit application with the sponsorship application.

 

[Purnimamallelwar]

Thank you for your reply. I can't copy the CIC link (i copied it by replacing dots by dash) here but i have pasted the info from the link below. According to this info, my husdnand should be eligible to apply for the open work permit. Anybody has similar situation as mine/ anybody took this way to apply for their spouse's open work permit?
Why can't my husband apply for the open work permit as a spouse of a skilled worker?

www-cic-gc-ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

Types of work permits for your situation
You're a spouse or family member of someone working or studying temporarily in Canada
You may be eligible for an open work permit if you’re:
• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer,
• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,
• a family member of a foreign representative, or
• a family member of a foreign military member who is working in Canada.
If your spouse has an open work permit (e.g. post-graduation work permit), you must attach a copy of your spouse’s work permit to your application for an open work permit, along with:
• a letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
• a copy of your spouse’s recent pay slips.

 

[scylla]

Again, your husband does not qualify. You have misunderstood the rule you have quoted.

The above rule only applies to situations where the spouse is a foreign worker in Canada (note that it specifies: "You're a spouse or family member of someone working or studying temporarily in Canada"). You are a permanent resident and are not in Canada "temporarily" - therefore this rule doesn't apply to you and your husband.

Please re-read my original answer.

 

[Purnimamallelwar]

Thanks Scylla for the clarification!
so from your original answer, can i apply for his permanent residency as in inland application even though he lives in Michigan? He has a visitor's visa.

 

[scylla]

Thanks Scylla for the clarification!
so from your original answer, can i apply for his permanent residency as in inland application even though he lives in Michigan? He has a visitor's visa.

No - he cannot apply inland from Michigan.

To apply inland - both of you must be living in Canada.

He can only apply outland from Michigan. However if he applies outland, then he doesn't qualify for an open work permit.

 

[ifeedly]

what it all means simply is that the inland sponsorship is the way to choose if you wanna live together.