open work permit.

[leonice]

Hi Sir LEon,

Regarding the OWP for common laws, i emailed the visa office thru general enquiry asking them if my common law can apply for OWP and i just opened my emails and found their reply..I mentioned in my email that I am a caregiver in B.C. for a year and a half, even told them that my common law is currently in the Phils. and their reply was like this:

" Your common law spouse must apply in Manila for his open work permit. he will need a copy of your work permit and proof that you are working to include with his application. "

Im confused..
thanks a lot sir

 

[leonice]

By the way sir, i guess my last, faster resort at this time for him is the visitor visa. He got refused last year of september for the TRV, but not on a visitor visa but applying as TFW at mcdonalds.. because the officer not satisfied that he will go back to his home country because no current job that time. We didn't present any docs aside from positive lmo and contract. will this affect his application for the visit visa in the future? should i make an invitation letter stating that we just wanna get married here to legalize everything? I can't go back to phils and have the ceremony there because i was previously married and just filed my divorce here a month ago. we all know that phils doesn't recognize divorce. will it be helpful for the approval of the visa if i will make a registration now for the civil wedding and include that to his application?really need your help sir..

by the way if we decide to apply for his visit visa, what form should he fill up?thanks thanks

 

[Leon]

Regarding the OWP for common laws, i emailed the visa office thru general enquiry asking them if my common law can apply for OWP and i just opened my emails and found their reply..I mentioned in my email that I am a caregiver in B.C. for a year and a half, even told them that my common law is currently in the Phils. and their reply was like this:

" Your common law spouse must apply in Manila for his open work permit. he will need a copy of your work permit and proof that you are working to include with his application. "

I think the visa office is mistaken. They probably failed to look at your occupation. Here on the CIC website, there is an answer to this question:

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

If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion from Human Resources and Skills Development Canada.

However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below.

A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification.

Note: If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including:

A letter from your current employer confirming employment or a copy of your employment offer or contract; AND
A copy of one of your pay slips.

Or

B. You are authorized to work in Canada and your spouse or common-law partner is eligible for a work permit through an active pilot project. Find out more.

In each of the above cases, your spouse’s permit will be valid for the same period as yours.

If you meet these requirements, your spouse may apply for an open work permit. Your spouse’s permit will be valid for the same period as your authorization to work in Canada. If your job does not fall within the categories listed above, your spouse may still apply for a work permit, but it will have to be for a specific job and in most cases, the employer will have to obtain a labour market opinion (the normal authorization required for the employer to hire you) from Human Resources and Skills Development Canada.

So basically, this means that if you do not have a skilled job, there is no open work permit for your spouse. If he wants to get a work permit, he will have to find an employer, get an LMO and apply for his own work permit based on that.

 

[Leon]

If they don't believe he will return to his home country, he will have to show stronger ties to his home country. Sometimes it is very hard to prove. I agree you should not marry him in the Philippines because it would not be legal there but if you are common law, you do not need to get married to legalize things.

If you really want to though, he can apply for a visit visa at the embassy stating that you two want to get married in Canada and you can write a letter supporting that but of course you have to wait until your divorce comes through. Still, it is not guaranteed that he will get it. They could still say they are not sure he will go home again.

By the way sir, i guess my last, faster resort at this time for him is the visitor visa. He got refused last year of september for the TRV, but not on a visitor visa but applying as TFW at mcdonalds.. because the officer not satisfied that he will go back to his home country because no current job that time. We didn't present any docs aside from positive lmo and contract. will this affect his application for the visit visa in the future? should i make an invitation letter stating that we just wanna get married here to legalize everything? I can't go back to phils and have the ceremony there because i was previously married and just filed my divorce here a month ago. we all know that phils doesn't recognize divorce. will it be helpful for the approval of the visa if i will make a registration now for the civil wedding and include that to his application?really need your help sir..

by the way if we decide to apply for his visit visa, what form should he fill up?thanks thanks

 

[ness12]

Hi! I have question for you everyone...

Right now I'm a visitor status here in Canada and I do have initial approval of my PR.. I recieve my AOR ast week... is that what you call initial approval? Am I allowed to apply Open work permit inside Canada? Please help me for my status here is near on expiring... Thanks for any info.

 

[danny87]

Hi! I have question for you everyone...

Right now I'm a visitor status here in Canada and I do have initial approval of my PR.. I recieve my AOR ast week... is that what you call initial approval? Am I allowed to apply Open work permit inside Canada? Please help me for my status here is near on expiring... Thanks for any info.

No, AOR is not initial approval, that comes with sponsorship approval, usually after 12-16 months presently.

Apply for OWP as soon as possible. CIC needs to have received the OWP application before your current visitor status expires. Until you receive the OWP in your mailbox you will be on implied status as a vistor. However if it make syou feel any better you could also apply for extension of visitor status first (even though it is not necessary). Make sure you send the OWP application to the correct processing office, otherwise it will be returned to you. Also it might be smart to include a copy of your AOR email or letter with the OWP application, so the Case Officer can verify you are eligible based on a pending PR application.

Note: the above only applies for inland spousal sponsorship application. For any other category this does not apply.

 

[ness12]

No, AOR is not initial approval, that comes with sponsorship approval, usually after 12-16 months presently.

Apply for OWP as soon as possible. CIC needs to have received the OWP application before your current visitor status expires. Until you receive the OWP in your mailbox you will be on implied status as a vistor. However if it make syou feel any better you could also apply for extension of visitor status first (even though it is not necessary). Make sure you send the OWP application to the correct processing office, otherwise it will be returned to you. Also it might be smart to include a copy of your AOR email or letter with the OWP application, so the Case Officer can verify you are eligible based on a pending PR application.

Note: the above only applies for inland spousal sponsorship application. For any other category this does not apply.

Thanks for the info danny87. Im PNP category... so it means Im not eligible for open work permit? only spousal sponsorship are only allowed so if that case... just continue my visitor status for now until I reach my PR approval? thanks!

 

[danny87]

Thanks for the info danny87. Im PNP category... so it means Im not eligible for open work permit? only spousal sponsorship are only allowed so if that case... just continue my visitor status for now until I reach my PR approval? thanks!

Well since this is the family class sponsorship thread, you should post your message in the appropriate thread. I cannot tell you how to proceed from here on since I have no experience in your application category.