Online Application for Spouse Open Work Permit
- Thread starter pleasehelpus
- Start date
Your welcome. That should get it through. The only thing left now is the hard part - just be patient and wait to hear back. This time is year is peak for study visa applications for september which have higher priority - so applications of work permits specially are processed slower in this time frame
I accidentally saw your post. A BIG NO. If you put "permanent" in job type for a temp work permit, there is a good chance that CIC would refuse your application and would instead ask you to apply for a PR to match a permanent job. I have been through this exact process, so i know the details. Just get a job offer that covers up to 4 years. It doesn't matter if your offer letter says permanent job. Your LMO shows the rough duration and your work permit application should match the time frame.
In general the max time i have seen issued for a single work permit is around 3 years (mine is almost for 3). CIC issues it up to passport's expiry of applicant.
The standard cumulative time frame limit for a temp worker is 4 years maximum. However, NOC 0 or A is an exception. However, this means that if you are NOC B, you cannot stay in Canada for more than 4 years on work permit. Of course it does not apply if you get a PR during that time./quote]
fkl, my job also stated I was a employed permanent and full-time so that's what we mentioned in the application for my husband's SOWP. Now I'm really worried. I didn't know it was going to be an issue. We mentioned it in letter of explanation and it was stated on my offer letter.
Do you think it would really be an issue?
kamae said:I accidentally saw your post. A BIG NO. If you put "permanent" in job type for a temp work permit, there is a good chance that CIC would refuse your application and would instead ask you to apply for a PR to match a permanent job. I have been through this exact process, so i know the details. Just get a job offer that covers up to 4 years. It doesn't matter if your offer letter says permanent job. Your LMO shows the rough duration and your work permit application should match the time frame.
In general the max time i have seen issued for a single work permit is around 3 years (mine is almost for 3). CIC issues it up to passport's expiry of applicant.
The standard cumulative time frame limit for a temp worker is 4 years maximum. However, NOC 0 or A is an exception. However, this means that if you are NOC B, you cannot stay in Canada for more than 4 years on work permit. Of course it does not apply if you get a PR during that time./quote]
fkl, my job also stated I was a employed permanent and full-time so that's what we mentioned in the application for my husband's SOWP. Now I'm really worried. I didn't know it was going to be an issue. We mentioned it in letter of explanation and it was stated on my offer letter.
Do you think it would really be an issue?
Offer letter doesn't matter much. But the terms stated on LMO do matter. It is a temporary job for which LMO is issued. Otherwise employer gets an LMO for permanent job and applicant applies for something like FSW2. I don't really know how much of an impact it would have in case of SOWP application, should be less because there is no new LMO involved.
But i have seen at least one such case in which a person had a job, was given LMO he applied for TWP stating it is a permanent job, he got refused where CIC suggested he should apply for a PR application instead. So he applied for PR and while it was in process he again had to apply for work permit mentioning temp status this time.
That is all i know. If you have already applied stating permanent job, then there isn't much you can do and MAY BE IT DOESN'T turn against you - i can't say for sure. But worrying doesn't change any thing so just wait and hope it gets through.
Just to emphasize the wording again for others who face this question, no job is permanent unless it is coupled with CIC's approval. You are bringing in a temp worker - even if an employer's plans are permanent, the legal mechanism you are using is temp work permit, so you should stick to that.
Thanks fkl,
Do you think we can call CIC and explain that we meant to put 3 years on the application instead of "permanent"? My current work permit expires at the end of July and needed be extended. I'm thinking of applying for CEC this October as I will have worked in Canada that time. I really appreciate you pointed this out.
Do you think we can call CIC and explain that we meant to put 3 years on the application instead of "permanent"? My current work permit expires at the end of July and needed be extended. I'm thinking of applying for CEC this October as I will have worked in Canada that time. I really appreciate you pointed this out.
fkl said:
pleasehelpus said:
You are most welcome. I don't think calling would help much. I don't know that any such procedure exist in which they would just edit this on your request and process that way. Rather i think there is a good chance that it might just fly. If i were in your shoes, i would wait for any update from CIC.
pleasehelpus said:
You haven't submitted anything to CIC yet. You've only sent the LMO app and that is processed by Employment and Social Development Canada, not by CIC.
When you submit your work permit to CIC, put a few years for the expected duration.
canuck_in_uk said:
Thanks canuck_in_uk. That's right, CIC doesn't have anything to do with LMO app...
fkl, I'm still waiting for my LMO to be approved, but am also starting to prepare for the temp work permit app (with my wife's OWP) and CEC at the same time. Thanks for the info though. It's good to know you can get 3 years maximum for work permit in general, as I need the permit to cover the processing period for CEC in the future.
I just hope that it's not a huge problem that we submitted the LMO app with "permanent" in the section "Expected Employment Duration". Probably isn't.
pleasehelpus said:
Isn't it your employer who would have filled the LMO application and filled the duration? The questionnaire you referred above was for work permit application that an applicant fills himself. When time comes make sure you enter "temporary" and a few years (as mentioned by canuck_in_uk already). The period applied and approved in the LMO should match with that in work permit application
Hi fkl,
Yes, my employer submitted the LMO application but I said "we" because I was helping them to make sure we are doing the app correctly, etc. I took the questionnaire for work permit app already so that I will have documents ready by the time the positive LMO comes. I have most of the things ready apart from the LMO.
Yes, my employer submitted the LMO application but I said "we" because I was helping them to make sure we are doing the app correctly, etc. I took the questionnaire for work permit app already so that I will have documents ready by the time the positive LMO comes. I have most of the things ready apart from the LMO.
Hi canuck_in_uk,
Unfortunately the LMO app was disapproved a couple of weeks ago, mainly due to “insufficient recruitment efforts”. My employer called the officer for an appeal but she said my employer must use Monster and Workopolis for my position to meet the minimum requirement. They posted ads immediately and they are going to submit the app for the second time once the four weeks advertisement period is complete.
My employer will submit the second app in mid July, and my current temporary work permit under IEC expires towards the end of July. Therefore I am going to submit my work permit extension application and spouse open work permit for my wife without a positive LMO. My understanding is that we are allowed to submit work permit app with the proof that shows LMO app has been submitted, under the situation where the current permit expires within two weeks.
I will remain in Canada under implied status once the current permit expires.
Here are the questions this time.
1. If LMO is disapproved again, I will have to stop working under implied status. Am I allowed to remain in the country for a certain period of time after this second disapproval or do I have to leave immediately? If it is disapproved again, we will have to take a plan B, and my wife may go to college to give me a spouse open permit, which is the only solution we can think of, in order for me to continue accumulating working hours required before CEC application. If my wife is granted a study permit, the course is likely to be starting in September. I’m trying to figure out what actions I need to take in order for me to stay in the country until September, if LMO app fails.
2. Documentation question - In the work permit extension application (IMM5710E.pdf), we are supposed to select one of the followings. I am wondering which one I should select for myself and my wife? Because we applied for IEC without a specific employer, I’m thinking of selecting “an initial…” although I’m already working there, and same with my wife’s app.
“I am applying for one or more of the following:”
- A work permit with the same employer
- An initial work permit or a work permit with a new employer
- Restoration of your status as a worker
- Temporary Resident Permit
As you can see the situation is getting a bit more serious and also getting complex, we would greatly appreciate your advice again.
Unfortunately the LMO app was disapproved a couple of weeks ago, mainly due to “insufficient recruitment efforts”. My employer called the officer for an appeal but she said my employer must use Monster and Workopolis for my position to meet the minimum requirement. They posted ads immediately and they are going to submit the app for the second time once the four weeks advertisement period is complete.
My employer will submit the second app in mid July, and my current temporary work permit under IEC expires towards the end of July. Therefore I am going to submit my work permit extension application and spouse open work permit for my wife without a positive LMO. My understanding is that we are allowed to submit work permit app with the proof that shows LMO app has been submitted, under the situation where the current permit expires within two weeks.
I will remain in Canada under implied status once the current permit expires.
Here are the questions this time.
1. If LMO is disapproved again, I will have to stop working under implied status. Am I allowed to remain in the country for a certain period of time after this second disapproval or do I have to leave immediately? If it is disapproved again, we will have to take a plan B, and my wife may go to college to give me a spouse open permit, which is the only solution we can think of, in order for me to continue accumulating working hours required before CEC application. If my wife is granted a study permit, the course is likely to be starting in September. I’m trying to figure out what actions I need to take in order for me to stay in the country until September, if LMO app fails.
2. Documentation question - In the work permit extension application (IMM5710E.pdf), we are supposed to select one of the followings. I am wondering which one I should select for myself and my wife? Because we applied for IEC without a specific employer, I’m thinking of selecting “an initial…” although I’m already working there, and same with my wife’s app.
“I am applying for one or more of the following:”
- A work permit with the same employer
- An initial work permit or a work permit with a new employer
- Restoration of your status as a worker
- Temporary Resident Permit
As you can see the situation is getting a bit more serious and also getting complex, we would greatly appreciate your advice again.
Hi
Sorry to hear that.
Is your employer aware of the recent changes made to the Temporary Foreign Worker program? An LMO is now called an LMIA, Labour Market Impact Assessment. The fee has increased to $1000 and the requirements are much stricter. See here http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/index.shtml.
1. It's generally accepted that a person cannot continue working on Implied Status when they are here on IEC, as IECs are not an extendable work permit. Some people believe it's OK but there have been reports of people caught working on Implied Status after their IEC expired; it caused trouble for their PR apps. You would need to stop working when your IEC expired but you are allowed to remain in Canada while you wait for a decision.
If this LMIA is refused, you will soon after receive your work permit refusal from CIC. At that point, you would no longer have status in Canada and be expected to leave immediately. If your wife qualifies for a study permit, you can submit an OWP app along with her app; as you would be out of status, you would need to apply for restoration as well. If she doesn't qualify for a study permit, then your only option to remain in Canada legally would be to apply for restoration and change your status to visitor.
2. Select "An initial work permit".
Sorry to hear that.
Is your employer aware of the recent changes made to the Temporary Foreign Worker program? An LMO is now called an LMIA, Labour Market Impact Assessment. The fee has increased to $1000 and the requirements are much stricter. See here http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/index.shtml.
1. It's generally accepted that a person cannot continue working on Implied Status when they are here on IEC, as IECs are not an extendable work permit. Some people believe it's OK but there have been reports of people caught working on Implied Status after their IEC expired; it caused trouble for their PR apps. You would need to stop working when your IEC expired but you are allowed to remain in Canada while you wait for a decision.
If this LMIA is refused, you will soon after receive your work permit refusal from CIC. At that point, you would no longer have status in Canada and be expected to leave immediately. If your wife qualifies for a study permit, you can submit an OWP app along with her app; as you would be out of status, you would need to apply for restoration as well. If she doesn't qualify for a study permit, then your only option to remain in Canada legally would be to apply for restoration and change your status to visitor.
2. Select "An initial work permit".
Hi canuck_in_uk,
Thanks for your information.
Yes, they are aware of the change. It is pretty bad time for a new application. However we will continue to try our best we can to raise the possibility of getting LMIA.
I called CIC twice and two different people on the phone both said I will be eligible to work under implies status, after my IEC expires. Are they providing wrong information, or because there is no clear-cut rule about this, different officers say different things based on their opinion?
Thanks for the advice on restoration. I don’t really know much about it so this is going to be my next research topic…
Thanks for your information.
Yes, they are aware of the change. It is pretty bad time for a new application. However we will continue to try our best we can to raise the possibility of getting LMIA.
I called CIC twice and two different people on the phone both said I will be eligible to work under implies status, after my IEC expires. Are they providing wrong information, or because there is no clear-cut rule about this, different officers say different things based on their opinion?
Thanks for the advice on restoration. I don’t really know much about it so this is going to be my next research topic…
Hi canuck_in_uk,
It's me again. Your advice will be much appreciated.
My employer submitted my LMIA app last week, and I submitted my work permit app (and spouse open work permit for my wife) early this week with the copy of LMIA app as proof of the submission. My current temporary work permit will expire in a few days.
When I called CIC a couple of weeks ago, the officer said I can stay in Canada under implied status as long as I provide the proof of LMIA app as part of work the permit app, and she also added that the proof will be only valid for 2 months from the date I submit the work permit app. Does that mean I will be no longer under implied status if I don’t have a positive LMO within 2 months, and have to apply for restoration to be a visitor and apply again for work permit when I have a positive LMO?
It's me again. Your advice will be much appreciated.
My employer submitted my LMIA app last week, and I submitted my work permit app (and spouse open work permit for my wife) early this week with the copy of LMIA app as proof of the submission. My current temporary work permit will expire in a few days.
When I called CIC a couple of weeks ago, the officer said I can stay in Canada under implied status as long as I provide the proof of LMIA app as part of work the permit app, and she also added that the proof will be only valid for 2 months from the date I submit the work permit app. Does that mean I will be no longer under implied status if I don’t have a positive LMO within 2 months, and have to apply for restoration to be a visitor and apply again for work permit when I have a positive LMO?
