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Open work permit for my common law partner who is foreign student

henry9001

Member
May 10, 2013
14
0
Hi,

I'm seeking some help on a situation needed to be solved on my common law partner's open work permit application.

I'm currently permanent resident under Provincial nominee program since 2011 and has not been applying for canadian citizenship yet.
I'm a skilled worker in an occupation under the National Occupational Classification (NOC) skill type B

My current common law partner is foreign student in canada since 2011 - currently a full-time student enrolled at an approved program at an eligible privately funded institution - holding valid study permit which will be expire in May 2014.

I want to help my partner to apply for an open work permit in this case. Hope there will be someone can give me advices.

Thank you,
 

ghatot201

Hero Member
Feb 8, 2013
357
14
Windsor, UK
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
21-02-2013
Doc's Request.
Sent with application
AOR Received.
PER 08-03-2013
IELTS Request
8.0 Sent with application
File Transfer...
11-12-2014
Med's Request
06-01-2014
Med's Done....
09-01-2014
Interview........
Waived
Passport Req..
12-02-2014
VISA ISSUED...
17-02-2014
LANDED..........
Canada since 2011, Landed
Your partner would qualify for an open post grad work permit upon graduation. Either 1 year, 2 years or 3 years depending on the duration of her study program.
She does not need your help to get an open work permit.
 

henry9001

Member
May 10, 2013
14
0
ghatot201 said:
Your partner would qualify for an open post grad work permit upon graduation. Either 1 year, 2 years or 3 years depending on the duration of her study program.
She does not need your help to get an open work permit.
Thanks ghatot201, I know that my partner can apply for a post graduation work permit upon graduation. But the problem is, I want her to work before graduate so she can have canadian work experience while she doesn't have any. She still needs another 6 months to finish her diploma.

I would ask another question about Family class sponsorship, would we qualified to apply under this category?
 

ghatot201

Hero Member
Feb 8, 2013
357
14
Windsor, UK
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
21-02-2013
Doc's Request.
Sent with application
AOR Received.
PER 08-03-2013
IELTS Request
8.0 Sent with application
File Transfer...
11-12-2014
Med's Request
06-01-2014
Med's Done....
09-01-2014
Interview........
Waived
Passport Req..
12-02-2014
VISA ISSUED...
17-02-2014
LANDED..........
Canada since 2011, Landed
She can apply for an off campus work permit and work 20 hours a week during regular class hours and full time during semester breaks. There is no limit on the number of employers she can work for.

Yes she qualifies for family sponsorship with your help if you don't have any children together. Check this link for more info.

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
henry9001 said:
Thanks ghatot201, I know that my partner can apply for a post graduation work permit upon graduation. But the problem is, I want her to work before graduate so she can have canadian work experience while she doesn't have any. She still needs another 6 months to finish her diploma.

I would ask another question about Family class sponsorship, would we qualified to apply under this category?
There is no work permit just for having a Canadian spouse (PR or citizen).

However, if you decide to apply "Inland" she could apply for a OWP and get it after Stage 1 approval 6-7 months. Be careful before you pick Inland though. She shouldn't leave Canada for any reason and Inland is longer than many "Outland" offices - meaning she could have her PR in the amount of time to get Stage 1 done.
 

henry9001

Member
May 10, 2013
14
0
Yes, we don't have children together or even individually. We were both single and no dependent children before we are legally become common law partner which we have register in Jan, 2013

May I ask when will be the best for us to apply under this category?

I have read an article in CIC website, sorry I don't know why I can't post the link so please search "Can my spouse or common-law partner work in Canada?" and "Who can apply for an open work permit?" in Help center of CIC website, it will show the answer.
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
You need ten posts before you can post links.

You can sponsor as soon as you are Common-Law aka lived together for at least one year continuously.

I don't know which link you're referring to but trust me, your spouse cannot work just because you're a PR. There is no option for it.
 

henry9001

Member
May 10, 2013
14
0
I will try to post the links on CIC as soon as possible so you all can have a look at it much better than me. So I'll just copy and paste here for you all to see first then

"Who can apply for an open work permit?

You may be eligible to apply for an open work permit if you are in one of the following situations:

You are already working in Canada and your application for permanent residence has been approved under one of the following :
Spouse or Common-law Partner in Canada class
Live-in Caregiver Program
Federal Skilled Worker Program
Canadian Experience Class
Provincial Nominee Program
Federal Skilled Trades Program
humanitarian and compassionate grounds

You may also be eligible if you are a family member of someone whose application for permanent residence has been approved under one of the above.
Your spouse is
a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B ,
a foreign student

You are in Canada under a federal-provincial/territorial immigration agreement, including an active pilot project, or you are a spouse or dependent child of someone who is in Canada under a temporary foreign worker annex of a federal-provincial/territorial immigration agreement with an applicable pilot project.

You are a full-time student enrolled at an eligible publicly funded post-secondary educational institution or you are in an approved program at an eligible privately funded institution.

You have a temporary resident permit valid for at least six months.

You are participating in
the Canada World Youth Program; or
International Experience Canada .

You have filed a claim for refugee protection in Canada and

you are waiting for the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada to decide on your claim; and

you cannot pay for your basic needs without working.
The RPD has rejected your refugee claim
but the Government of Canada is not yet ready to remove you from the country and

you cannot pay for your basic needs without working.

You are a family member of a foreign representative.

You are a family member of a foreign military member who is working in Canada.

You are a professional athlete allowed to enter Canada and you need to do other work to support yourself while playing for a Canadian team."

"Can my spouse or common-law partner work in Canada?

Perhaps. If your spouse or common-law partner wants to work in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do.

In most cases, your spouse or common-law partner must apply for a work permit for a specific job. The employer may have to get a Labour Market Opinion (LMO) from Human Resources and Skills Development Canada. An LMO allows a particular employer to hire someone for a specific job.

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 one of 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, or

you are allowed to work in Canada and doing work in Canada that is on a list of eligible occupations in participating provinces.

If your spouse or common-law partner gets an open work permit, it is normally valid for the same period as yours.

In some cases, your spouse or common-law partner will need a medical exam.

Some provinces and territories also have pilot projects for spouses or common-law partners to get open work permits in some cases."
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
There's nothing in there to allow a spouse to just mail a OWP application to CIC. The only way your spouse can apply for an OWP through a spouse is with Inland sponsorship (which has it's own pros and cons). It comes after Stage 1 approval, which is 6-7 months. If you apply Outland, aka the home country's VO for your spouse, there is no process for an OWP. Some Outland VOs are faster than Inland.

When it talks about getting a OWP because you're authorized to work, that only applies to foreign nationals holding certain skilled work permits. That is not for citizens or PRs.

The work permits that come with a LMO are closed work permits and cannot be applied for until your spouse has the LMO and a job offer letter from the employer.

In your first post, you said you have permanent residence, but haven't yet applied for citizenship - therefore you're no longer a foreign national. If your CL spouse is a student, get an Off Campus Work Permit or wait until graduation for the PGWP. Or try to find a job that will give a LMO.
 

henry9001

Member
May 10, 2013
14
0
That makes sense to me more so I'll pause my spouse's work permit application and wait for her graduation by the end of this year.

May I ask when should I apply immigration under canada family support for my common law partner? We're legally in common law in jan, 2013 so should I send application in feb, 2014 or wait until 2015?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
henry9001 said:
That makes sense to me more so I'll pause my spouse's work permit application and wait for her graduation by the end of this year.

May I ask when should I apply immigration under canada family support for my common law partner? We're legally in common law in jan, 2013 so should I send application in feb, 2014 or wait until 2015?
It depends on the date you started cohabitation. I'm not 100% sure of your exact use of "legally in common law." Basically, if you started living together in Jan 2012, you were legally CL for Canadian purposes Jan 2013. You can apply right away. If you moved in together Jan 2013, then you are legally CL in Jan 2014. I hope that helps!

You cannot be "legally CL" until you have lived together for at least one year.

Depending on your province and the length of her PGWP/job she works, she can also consider CEC or PNP for immigration, which would remove you from the sponsor obligation and her from the conditional PR clause. Not to say either is a concern, obviously, but there are other options too.
 

henry9001

Member
May 10, 2013
14
0
We have been dating for since 2008, started living together in a joint-apartment in nov 2012 and registered for common-law relationship at Vital Statistic Canada in January 2013, we will receive a common-law relationship certificate by the end of this month like what officer said.

I'm still considering to apply for her either in canada family class right away if we are qualified, or waiting for her graduation in december/2013 and working in canada for 1 year to meet CEC requirement which will be in 2014/2015. She will be working as an addiction community service worker or addiction counsellor, crisis and trauma response clinician or in mental health field generally.

I don't know which is good in my case, please help me out :)
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
If you weren't living together until Nov 2012, you don't count as CL until Nov 2013. You will have to prove to CIC that you were living together. It doesn't matter what the registry certificate says. CIC makes its own judgments about these things.

When you're considering what to do, also consider processing times for PR. CEC and Inland Spouse are both about 14 months. Outland depends on her home visa office. I would also consider how long her PGWP will be - if she gets 3 years, you have plenty of time, no need to worry. On the other hand, if she only gets one year, you would want to look at a method that's fast and/or allows her to remain in Canada.

There is no easy answer here, especially since your situation has the potential for 4 different choices.

I would determine if her job or possible job qualify for CEC or PNP. If not, you can rule it out.
 

henry9001

Member
May 10, 2013
14
0
Ok, so we will count as CL until 2013. My partner's work permit will be valid in 1 year, then she can probably extend her work permit I guess, and her job will be in type 0,A,B according NOC so I think it would be fine for CEC or PNP.

It's just 1 problem that I think it's tough is the length of her work permit and an extension.

While family class, CEC and PNP have the same processing time; family class doesn't require work experience but CEC and PNP does require 6-12 months work experience to be eligible applicant. Is it a good idea to go with family class @amikety?

A big thanks for your time to answer all of my questions, I really do appreciate it!!!!!! You're helping me alot here, it's meant so much to me:)