Open Work Permit Question

[mattilucas]

I am a Canadian citizen currently living in the UK with my British wife. We plan to move to Canada next year, and in an ideal situation, my wife would be eligible to work upon arrival. Having reviewed various guidance documents and resources, my understanding is that one can only apply for an Open Work Permit along with a PR sponsorship under the SCLPC class - in other words, the applicant and spouse must apply from WITHIN Canada.

What I was wondering is whether we would be eligible to attach an Open Work Permit application along with a Family Class Sponsorship, provided that we can prove that we will be living in Canada by the time that her application is processed.

If anyone can shed any light on this, it would be fantastic.

Thanks,

Matt

 

[21Goose]

You have to apply after you arrive in Canada. You cannot start a sponsorship abroad and say you will be living here eventually and get an Open Work Permit.

The OWP is only for people already living here on valid status.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#incanada

If your spouse or common-law partner is living in Canada with you and is applying as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit when they apply for permanent residence. They must include a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 484.21KB) and the correct fee, explaining that they are applying for an open work permit.

Note: If you’re applying under the Spouse or Common-Law Partner in Canada class and you’ve submitted an application for an open work permit, your work permit will normally be processed within four months.

 

[21Goose]

Also this

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

 

[mattilucas]

Also this

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

Thank you very much for the speedy response. Very helpful, and confirms my hunch. Basically, if at all possible, we would like to minimise the amount of time that my spouse spends unemployed.

I also came across this:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

Is it a viable option to apply from within Canada under the SCLPC, submit an Open Work Permit along with the application, resume employment in the UK, and return to Canada if and when the Open Work Permit application is approved?

 

[21Goose]

Thank you very much for the speedy response. Very helpful, and confirms my hunch. Basically, if at all possible, we would like to minimise the amount of time that my spouse spends unemployed.

I also came across this:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

Is it a viable option to apply from within Canada under the SCLPC, submit an Open Work Permit along with the application, resume employment in the UK, and return to Canada if and when the Open Work Permit application is approved?

No. Your spouse has to "maintain legal status in Canada while the application is being processed".

The link you provided says the same thing:

If a spouse or partner sponsored you under the Spouse or Common-law Partner in Canada (SCLPC) class while you were living in Canada:
You may want to re-apply to be sponsored from outside Canada as a member of the if:

• you do not plan to live in Canada with your sponsor while we process your application
• you left and cannot return to Canada

If you need to re-apply from outside Canada to be sponsored as a member of the Family class, you should:

• withdraw your SCLPC application, and
• submit a new application

 

[NHLNFL]

Thank you very much for the speedy response. Very helpful, and confirms my hunch. Basically, if at all possible, we would like to minimise the amount of time that my spouse spends unemployed.

I also came across this:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

Is it a viable option to apply from within Canada under the SCLPC, submit an Open Work Permit along with the application, resume employment in the UK, and return to Canada if and when the Open Work Permit application is approved?

You pretty much have to move back to Canada with your spouse. And given your spouse gets valid status in Canada, you can apply for the OWP with your inland application. Processing is usually up to 4 months from date of application being mailed.

 

[mattilucas]

Thank you both; very helpful!