+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Open Work Permit Questions

Polychromize

Newbie
Aug 4, 2015
9
0
Hi all,

I am going to be returning from the UK to Canada in January. I would like my British common-law to accompany me, to help decide whether we would like to live in Canada or the UK.

Under the "Who can apply for a work permit?" category, it states:
Your spouse is:
a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B or

I assume this includes common-law as well? I believe I am working in a skilled B category, I am an office administrator. Under these circumstances, would an open work permit for my partner be allowed? Would I have to get an offer of employment back home in this category before he could apply? We are both currently living and working in the UK.

Also, does he have to apply for a work permit, and then an open work permit? Does he need an offer of employment before coming to Canada? Also, how long does the OWP last?

Thanks for your time.
 

scylla

VIP Member
Jun 8, 2010
95,972
22,202
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your spouse does not qualify for an OWP under this rule.

This rule only applies to foreign workers bringing their spouses/common law partners to Canada. Since you are Canadian, this rule does not apply to you and your common law spouse.
 

Polychromize

Newbie
Aug 4, 2015
9
0
scylla said:
Your spouse does not qualify for an OWP under this rule.

This rule only applies to foreign workers bringing their spouses/common law partners to Canada. Since you are Canadian, this rule does not apply to you and your common law spouse.
So what would my options for a work visa be then? I went through the eligibility questions as if I were my partner and received the following:

Your results
Based on the information you provided, the result(s) below indicates whether you may be eligible to come to Canada.



Foreign Worker - International Mobility Program (No Visitor's Visa required)

You may be eligible to come to Canada as a foreign worker.

Continue
You may be eligible to come to Canada through the International Experience Canada program, under the Working Holiday category, with SWAP Working Holidays.

Continue
Open work permit (Outside Canada)

You may be eligible to come to Canada to work with an open work permit.
 

scylla

VIP Member
Jun 8, 2010
95,972
22,202
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Options for a work visa are:

1) Find an employer in Canada who is willing to offer your partner a full time job and is also able to obtain an approved LMIA (obtaining an approved LMIA typlically takes the employer 4-6 months). Apply for a closed work permit tied to that specific employer. Issue is that it's typically very difficult to find an employer.
2) Apply for a Working Holiday Visa (IEC) that will allow your partner to live and work in Canada for a year. Issues are: you have to be the right age; all of the visas for this year have already been snapped up and the program doesn't reopen again until next year; spots go EXTREMELY quickly and there's no guarantee your partner will get one (there were three rounds this year and I believe all visas were snapped up in less than 15 minutes when each round opened - many missed our).
3) Come to Canada and sponsor your partner for permanent residency using the inland process (both of you have to be in Canada) and apply for an open work permit. The OWP will be issued around four months after the application is submitted. Issues are: inland process typically takes a few years and it is far wiser to apply outland if you are from the UK, you're not supposed to leave Canada while the inland application is being processed.