Open Work permit for my wife

[SeoulSearcher]

Hello

We applied for my wife's PR back in March 2016 from Korea. My sponsorship application was approved. My wife came to Canada in August and she is waiting for her PR to be approved. In the meantime she wants to work some sort of part-time job and I was told we can apply for an open work permit for her once she was in Canada. I called Service Canada and they pointed me to CIC's "my account" website to apply. However, the application there is going through Express Entry, which I dont think we want to do. My wife isnt looking to do any job beyond some small part time work since she has to take care of our kids, too. Is there another way to apply for some sort of work while she waits for her PR?

As an aside, I was also told that she would need an LMO done. Its crazy that on one hand they want PR applicant families to be able to support themselves and at the same time they dont allow those who have on-going PR applications to be eaily able to work to help support their family.

And as another aside, why am I, a citizen of Canada, also asked to answer questions to be assessed under the Express Entry program? I am of course accompanying my wife, but all questions should stop after the "are you a citizen" question.

Thank you

 

[just a square]

You can only apply for open work permit, if you applied inland.
Express Entry is a different category than family sponsorship and I believe you can't apply through it, since you're already doing a spousal sponsorship.

 

[scylla]

Your wife does not qualify for an open work permit since you applied to sponsor her using the outland process.

If she wants to work before she has PR, she will need to secure a full time job offer in Canada along with an approved LMIA (which her employer will need to obtain). She can then apply for a closed work permit tied to that specific employer.

 

[CaroM8]

Forget all the Express Entry stuff, that's not relevant to you as you already have a Family Class Sponsorship application in process.

I am assuming you did an OUTLAND application? If yes, there is no option for SOWP (Spousal Open Work Permit). You simply have to wait until a decision is made on your case.

If you had done an INLAND application, then yes you would've submitted an application for a SOWP along with it.

 

[SeoulSearcher]

That isnt what I was told. I was told to apply outland and to apply for a work visa once we were here. What I do not understand is why there is a difference. She has a UCI number, her application is under review, she should be allowed to work. The inland vs outland distinction is idiotic.

 

[scylla]

That isnt what I was told. I was told to apply outland and to apply for a work visa once we were here. What I do not understand is why there is a difference. She has a UCI number, her application is under review, she should be allowed to work. The inland vs outland distinction is idiotic.

Unfortunately you were misinformed regarding the work permit. It's only available for inland applicants.

 

[SeoulSearcher]

Unfortunately you were misinformed regarding the work permit. It's only available for inland applicants.

Is there any good reason why? It seems like an illogical and arbitrary distinction.

 

[CaroM8]

That isnt what I was told. I was told to apply outland and to apply for a work visa once we were here. What I do not understand is why there is a difference. She has a UCI number, her application is under review, she should be allowed to work. The inland vs outland distinction is idiotic.

And who told you that?

Another big distinction between outland and inland is the processing time. IN GENERAL, outland applications are processed much faster. The inland route can sometimes take up to 2 years, even more! While the outland applications, depending on the applicants country of origin, can be done in as little as 6 months.

 

[scylla]

Is there any good reason why? It seems like an illogical and arbitrary distinction.

It's really not that arbitrary when you think about it.

The inland process requires someone to be in Canada when they apply and requires them to remain in Canada while the application is processed. The application processing times for inland tend to be longer than outland processing times - sometimes significantly. Because the applicant is stuck in Canada, it's logical they be granted the ability to work.

For outland, while you can be in Canada and apply outland, many/most outland applicants apply from outside of Canada and tend to be working outside of Canada. Others who apply outland spend some time in Canada and some time outside of Canada while their application is being processed. Unlike inland applicants, they aren't forced to remain in Canada.

The OWP is certainly something many consider when making the inland vs. outland choice.