Open Work Permit | Canada

[TestEntry]

hi,

I am working on closed Work Permit under NOC -1 in Canada, my visa and WP both are valid for 2yrs. My queries are:
1) Can my husband apply for an Open work permit?
2) does he require dependent or tourist visa before applying for open work permit?
3) through CIC who needs to apply for his Open work permit me or my husband?

Please reply.
Thanks

 

[fkl]

Since NOC-1 is probably under skilled category 0, A or B (please verify, i didn't), yes your husband can apply for open work permit. And no, he does not need any other type of visa before that. He just need to put in an application for "open work permit" along with which he would submit a copy of your work permit, job offer details, since you have been there already, your bank statments and other stuff, proof of your relationship etc.

 

[ImForeverYours]

hi FLK,

question: Is there a minimum no. of months or years requirement for me to have work under semi-skilled NOC? I mean if i just got my job recently as a supervisor in a F&B, can my partner apply for Open Visa now?

 

[fkl]

hi mForeverYours,

No there is no such requirement that i know of. In fact you can apply for both together (i did) and i know of others who did and got visas for both the applicant and spouse together. The time requirements are when you apply for other categories such as when you apply for Canadian experience class, you need to have a year or more verifyable full time canadian work experience etc.

Hope that helps

 

[ImForeverYours]

thank you for that FLK!

So who will be filing the application? me or my partner? im confused.

 

[fkl]

Of course your partner would file the application since you already have visa and are working there. So you would file nothing.

I was referring to the case when if you got the job but haven't applied for visa. At that point you could have applied as principal applicant, your partner for open work permit (as a dependant of principal applicant i.e. you) together.

 

[ImForeverYours]

ah ok..

i got it... thank you so much...

 

[TestEntry]

hi sorry for the worng NOC code it is actually NOC - A (I am a software developer). what are chances for my husband to get Open Work Permit, he is also working in same field - Interactive developer.

also let me know since i am already working in Canada, is it me who will apply for his open work permit or he has to do the same from India.

 

[TestEntry]

Another Query I have:

I heard some people got open work permit at port of entry, since i am already here, is it possible for my husband to come here on tourist visa and ask for open work permit. if yes, please do let me know what all documents he need.

 

[fkl]

hi sorry for the worng NOC code it is actually NOC - A (I am a software developer). what are chances for my husband to get Open Work Permit, he is also working in same field - Interactive developer.

also let me know since i am already working in Canada, is it me who will apply for his open work permit or he has to do the same from India.

So am i i.e. a software developer! Skill level 0, A or B all of these are eligible to bring their spouse on temp resident visas OR open work permits. In practice, open work permit has a better chance of approval than temp visa, specially considering countries and visa offices of sub continent.

Chances mainly depend upon his over all profile, education, past experience etc. and from what you have told so far, it looks pretty good.

You don't apply for any thing. Technically you do not qualify for providing a sponsorship. HE will apply for an open work permit in India at Canadian embassy where in support of his application, he would show evidence of your job to qualify him for open work permit.

Getting work permit at port of entry is a vague one and it has multiple scenarios, none of which would apply to you.

1. The actual work permit is given at the port of entry AFTER your (your husband's) visa has been approved at the Indian embassy.
2. For people belonging to countries which do not require a visa to enter canada temporarily, getting a work permit on port of entry might be possible but certainly not in your case.

3. It is possible that he apply now for a temp resident visa, come over there and latter at some point, he applies for a work permit. However, open work permit generally has a better chance of approval (temp resident visa might be denied), mainly because you are showing the intent for work, and open work permit also shows your husband's educational and otherwise profile which should play a positive role. Rather than just some body who might not be educated at all, but merely being your spouse applies for a temp resident visa. Processing time for work permit might be longer, but since it stands a better chance of approval, that is what you should apply for even if you husband doesn't intend to work in canada initially.

 

[hbushra]

I am in a desperate need of some kind of advice.

My husband is in Canada and i am in Pakistan. I applied for the TRV twice (one in sep 2011 and other one in March 2012) and got refusals both times based on the grounds that i couldn't satisfy the VO of my return although i have an excellent job (sr.Mgmt) in Pakistan . My husband has been in Canada since 2008, and he went there on a student visa. He came back only once to get married with me which was in 2011 Nov. He went back to Canada in Jan 2012 with an intent to complete his studies but he couldn't (due to his youngest brother's death in Pakistan). Later, in Oct 2012 he filed a refugee claimant application and ever since then he is waiting for his hearing date to arrive. CIC took his passport so he cannot travel anymore. Now, how can i meet him? i already applied for TRV with 0 success. now what are the chances of getting approved if i applied again? with an intent to overcome VO's concerns. should i go for TRP(temp, resident permit) instead of TRV OR an open work permit since my husband has also got an open work permit after claiming refugee application.? since my husband can't travel back here anymore and i really want to save my marriage. It will take 4-5 years for the whole process to get completed.

please help/advise asap.

 

[PMM]

Hi

I am in a desperate need of some kind of advice.

My husband is in Canada and i am in Pakistan. I applied for the TRV twice (one in sep 2011 and other one in March 2012) and got refusals both times based on the grounds that i couldn't satisfy the VO of my return although i have an excellent job (sr.Mgmt) in Pakistan . My husband has been in Canada since 2008, and he went there on a student visa. He came back only once to get married with me which was in 2011 Nov. He went back to Canada in Jan 2012 with an intent to complete his studies but he couldn't (due to his youngest brother's death in Pakistan). Later, in Oct 2012 he filed a refugee claimant application and ever since then he is waiting for his hearing date to arrive. CIC took his passport so he cannot travel anymore. Now, how can i meet him? i already applied for TRV with 0 success. now what are the chances of getting approved if i applied again? with an intent to overcome VO's concerns. should i go for TRP(temp, resident permit) instead of TRV OR an open work permit since my husband has also got an open work permit after claiming refugee application.? since my husband can't travel back here anymore and i really want to save my marriage. It will take 4-5 years for the whole process to get completed.

please help/advise asap.

Pretty close to 0% of you getting a TRV as your spouse has claimed refugee status. He has shown that he wishes to remain permanently, so they are not going to issue a TRV/TRP to a his spouse. His refugee claim will not take 4/5 years.

 

[hbushra]

Thanks for sharing your thoughts.

One thing doesn't make sense to me, if they are so convinced that i won't return that means i am inadmissible ..and i am not eligible for TRV. right? then how come there is no other category for me to visit him? even if i turly want to just visit him.
Is there any other way around? and it will take so many years to get PR under protected persons. probably 4-5 yrs. because he filed his claim in Oct 2012 and therefore would come under lagacy claim system. however the new system is pretty much fast.

so total time can be calculated this way : 18-24 months for hearing
if claim gets accepted then another 24 months to process PR under protected persons.

 

[fkl]

They believe your only intention would be to move to live with him permanently. So they want you to apply through proper channel and only go if and once it is approved. It is unfortunate that the correct process is so long for permanent move. But there is no other way around.

On the other hand, even if you get a job offer from Canada considering you might have a good profile OR if you might get admission to some university there for studies, the same reasons would reduce your chances of getting a visa i.e. your ties to Canada.

Just a small e.g. I recently saw a rejection for a "Returning student visa". He was a student from Pak studying at a pretty good university (UW). He was in a 4 year program so probably his initial visa was for a lesser period of time. Naturally he applied again to complete his degree. But he was rejected stating "Ties to Canada i.e. wife is a Canadian citizen". I assume he found and married some one being on student visa.

So this pretty much gives you an idea about any other visa category that you might try which takes lesser time.