Open Work Permit for Spouse of Canadian Citizen (NOC Level A)?

[Slackliner]

Hello - A Canadian is sponsoring his American spouse living in US to immigrate to and join him in Canada. The Outbound application from New York takes approx 2 years.

In the meanwhile, the American wife would like to get a work permit in Canada. Would she be able to apply for the "Open Work Permit"?

The Canadian husband is a elementary school teacher (NOC Skill Level A).

Thanks for your comments Good luck to you all with your application. Take care!

 

[scylla]

Open work permits aren't granted with the outland process (only inland).

Note that the processing times for outland aren't averages. They represent how long it took CIC to process 80% of applications. This means most people get through sooner and some much faster.

If the wife would like to work sooner then she will have to find an employer willing to offer her a job and then obtain a closed work permit tied to that specific employer. Whether the employer also needs to obtain an approved Labour Market Opinion for her work permit to be approved will depend on whether her job falls under NAFTA or not.

Hope this helps.

 

[canuck_in_uk]

Outland American apps are actually sent to Ottawa now, which has an average time of about 8-10 months. Apps are only transferred to LA or NY if there are problems and an interview in required. Have you already submitted your app and had it transferred to NY?

 

[Slackliner]

Thank you so much for your helpful insights - it is greatly appreciated

Outbound Sponsorship + Standard Work Permit

The couple is currently working on their outbound sponsorship application (it has not been submitted yet).

The American wife is a fresh university graduate. It sounds like she will have to
a) secure a job with a Canadian employer, and
b) request the Canadian employer to obtain a Labour Market Opinion (unless the role is LMO exempt).

It is possible that such job arrangements (a and b) might take as long as PR approval.

Inbound Sponsorship + Open Work Permit

If the sponsorship application is submitted inbound, it seems the American wife must stay in Canada on a 6 months visitor visa and continually extend it until stage 1 of the sponsorship application is approved.

After stage 1 is approved, she can apply for the Open Work Permit.

(And she cannot leave Canada while her PR and OWP applications are being processed.)


Do the above sound right?

Thank you in advance for your response. Good luck to all with your applications. Have a great day

 

[scylla]

First of all, I'd recommend that you move over to the Family Sponsorship section of the forum. This is where spousal sponsorship is being discussed in detail and the answer to most of your questions are likely already there.

To answer your questions...

Outbound: Yes - it's possible a) and b) might take as long as PR approval. It can be very difficult to find an employer who is willing to go through the process of hiring a foreign workers. You should assume there's a good possibility your wife won't be able to find an employer and will have to wait until she has PR before she can start working.

Inland: Your wife should not leave Canada for the entire process (not just the first stage). If she leaves, there is no guarantee she will be allowed back in (even with an OWP) and if she's not allowed back in then your application is effectively canceled. Consequently inland is not recommended for anyone who wants to leave Canada during the process.

 

[canuck_in_uk]

There is no advantage for an American to apply inland. The OWP shouldn't really be a factor in the decision, as it currently takes around 9 months to get it. With an outland app, the person would be a PR in about the same amount of time, or even less.

As scylla suggested, you should move over the the Family Class section. The Ottawa thread is a good place to start http://www.canadavisa.com/canada-immigration-discussion-board/cppottawa-t118769.4935.html. Also have a look at their spreadsheet https://docs.google.com/spreadsheet/ccc?key=0Aq6VF-LGjkR9dGNpLUxQZ1Z0Mm80aE5ZWDBvWklEQUE#gid=0