OPEN WORK PERMIT

[srivani]

Hi,
Can anyone please help me out of my quieres. I would like apply for open work permit in canada we came from india and my husband workingin toronto with TRV....so my main question is do I required a job offer to apply for open work permit because cic.gc.ca website checklist they are asking a job offer from employer so im totally confused so can anyone get me out of this confusion


Thanks&regards
Sivani

 

[Rob_TO]

we came from india and my husband workingin toronto with TRV....

A TRV is a VISITOR visa. You are not allowed to work on TRV. So are you saying your husband is currently working illegally for cash??

 

[txboyscout]

Hi,
Can anyone please help me out of my quieres. I would like apply for open work permit in canada we came from india and my husband workingin toronto with TRV....so my main question is do I required a job offer to apply for open work permit because cic.gc.ca website checklist they are asking a job offer from employer so im totally confused so can anyone get me out of this confusion


Thanks&regards
Sivani

On what basis are you applying for a Open Work Permit? If your husband is working on a TRV he is working illegally and is removable from Canada for violating the terms of his visa

What field are you looking to work in? If you can find an employer that is willing to hire you, they can apply for a LIRA for you (it takes time and money for them to do so) and if sucessfull you will be issued a closed work permit

 

[MARSAIL]

I am confused about this too. The CIC website clearly states that if you have a TRV that is valid for six months then you are eligible to apply for an OPW.

Can someone clarify this please?

I was thinking about moving there on a TRV and then changing it to OPW because that is what the CIC states. Am I getting things wrong or what?

 

[ross lee]

hello Marsail,

I think you misread, the website states under OWP that you qualify if: 5.You have a temporary resident permit valid for at least six months.

...a TRP, not a TRV (visitor visa).

Below is what CIC website defines as TRP:

"If you are otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.
There is no guarantee that you will be issued a temporary resident permit. If you would like to receive a permit, you will have to pay a processing fee, which is not refundable.
A permit is usually issued for the length of your visit to Canada—for example, one week to attend a conference. You must leave Canada by the expiry date of the permit, or get a new permit before your current one expires.
Please note that this permit may be cancelled by an officer at any time. The permit is no longer valid once you leave Canada, unless you have specifically been authorized to leave and re-enter."

 

[PTJ]

hello Marsail,

I think you misread, the website states under OWP that you qualify if: 5.You have a temporary resident permit valid for at least six months.

...a TRP, not a TRV (visitor visa).

Below is what CIC website defines as TRP:

"If you are otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.
There is no guarantee that you will be issued a temporary resident permit. If you would like to receive a permit, you will have to pay a processing fee, which is not refundable.
A permit is usually issued for the length of your visit to Canada—for example, one week to attend a conference. You must leave Canada by the expiry date of the permit, or get a new permit before your current one expires.
Please note that this permit may be cancelled by an officer at any time. The permit is no longer valid once you leave Canada, unless you have specifically been authorized to leave and re-enter."

How do you know if you have TRP or TRV? What is issued when you applied for extension of your stay as a visitor? Is it TRP or TRV?

 

[MARSAIL]

hello Marsail,

I think you misread, the website states under OWP that you qualify if: 5.You have a temporary resident permit valid for at least six months.

...a TRP, not a TRV (visitor visa).

Below is what CIC website defines as TRP:

"If you are otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.
There is no guarantee that you will be issued a temporary resident permit. If you would like to receive a permit, you will have to pay a processing fee, which is not refundable.
A permit is usually issued for the length of your visit to Canada—for example, one week to attend a conference. You must leave Canada by the expiry date of the permit, or get a new permit before your current one expires.
Please note that this permit may be cancelled by an officer at any time. The permit is no longer valid once you leave Canada, unless you have specifically been authorized to leave and re-enter."

hmm ... so how does one apply for a TRV?

 

[Leon]

Hi,
Can anyone please help me out of my quieres. I would like apply for open work permit in canada we came from india and my husband workingin toronto with TRV....so my main question is do I required a job offer to apply for open work permit because cic.gc.ca website checklist they are asking a job offer from employer so im totally confused so can anyone get me out of this confusion

Are you trying to say that your husband is working in Canada with a temporary work permit? Does he have a skilled position? If the answer to both is yes, then you are eligible for an open work permit. You can either apply for one from your homeland or you can come to Canada on a TRV and apply from inside Canada.

See here: http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside that you can apply from inside Canada if your spouse is in Canada with a valid work permit.

You can use this application form to change conditions: http://www.cic.gc.ca/english/information/applications/extend-worker.asp

On the first page, click on initial work permit. On page 3 you can pick open work permit as the type you want. Send a copy of your husbands work permit and your marriage certificate plus everything else they ask on the check list.

 

[MARSAIL]

Are you trying to say that your husband is working in Canada with a temporary work permit? Does he have a skilled position? If the answer to both is yes, then you are eligible for an open work permit. You can either apply for one from your homeland or you can come to Canada on a TRV and apply from inside Canada.

See here: that you can apply from inside Canada if your spouse is in Canada with a valid work permit.

You can use this application form to change conditions: h

On the first page, click on initial work permit. On page 3 you can pick open work permit as the type you want. Send a copy of your husbands work permit and your marriage certificate plus everything else they ask on the check list.

So, if he is not a skilled worker, he will not be eligible for an OPW?

What if he is doing work that is ..Like car wash? Assisting in a shop? Working in McDonalds? and stuff like that ..

I am sure that does not make him eligible for an OPW right?

So in that case, how does he become eligible?

I am sorry I hijacked your thread dear. But, I was thinking of sending my guy to Canada on a TRP and making him settle before me and my daughter join.

 

[rhcohen2014]

i believe what leon is referring to is the original poster may be the spouse of a foreign worker already in canada on a temporary work permit, so essentially her spouse is possibly a skilled worker or obtained an LMO. Generally, i believe spouses are eligible for open work permits so they can remain in canada with their foreign worker spouse.

The situation you are referring to is different. If you want your spouse to go to canada and bring you with you, your spouse would need to optain a closed work permit from an employer first. I don't think people in general can just apply for an open work permit. Nor can you enter as a visitor and apply for an open work permit, unless your spouse is already there working/studying legally. I'm pretty sure an OWP needs to be connected to a study permit, spousal work permit or PR application.

 

[MARSAIL]

i believe what leon is referring to is the original poster is the spouse of a foreign worker in canada on a work permit, so essentially her spouse is possibly a skilled worker. Generally, i believe spouses are eligible for open work permits so they can remain in canada with their foreign worker spouse.

The situation you are referring to is different. If you want your spouse to go to canada and bring you with you, your spouse would need to optain a closed work permit from an employer first. I don't think people in general can just apply for an open work permit. Nor can you enter as a visitor and apply for an open work permit, unless your spouse is already there working/studying legally. I'm pretty sure an OWP needs to be connected to a study permit, spousal work permit or PR application.

I don't know what your saying. I mean the CIC clearly states that if you go to Canada on a TRP, you are eligible to change it to an OWP.

My problem is that my spouse is not a skilled worker. So, I was thinking to get him move on a TRP, spend some time there working on those petty jobs and then get himself an OPW.

Now, I don't know if working on petty jobs can actually make him eligible to apply for an OPW. Does it?

If not, then what CAN he do to remain in Canada and not come back?

 

[rhcohen2014]

i don't believe your husband will be able to obtain a temporary resident permit WITHOUT a study or work visa. He first needs to apply to enter the country as a student or worker, THEN apply to bring his family. He can not just enter as a visitor and say "hey, now that i'm here, i want to stay, live, work, and bring my entire family here to do the same." It doesn't work like that. If he wants to work in canada, he MUST apply for a work visa, which for the most part requires him to ALREADY have a job offer. If he's not skilled, then my guess his chances are low, as they just stopped supplying work visas for food industry workers. he would need some sort of work experience and a specific trade to get a job offer.

 

[Leon]

So, if he is not a skilled worker, he will not be eligible for an OPW?

What if he is doing work that is ..Like car wash? Assisting in a shop? Working in McDonalds? and stuff like that ..

I am sure that does not make him eligible for an OPW right?

So in that case, how does he become eligible?

I am sorry I hijacked your thread dear. But, I was thinking of sending my guy to Canada on a TRP and making him settle before me and my daughter join.

If the husband is a low skilled worker, his spouse is not eligible for an open work permit. She would have to apply for her own permit and for that she needs to find an employer, have them get an LMO (labour market opinion) and then she can apply.

You were thinking of sending your guy to Canada on a TRP? It is not so easy to get a TRP. A TRV is a regular visit visa. A TRP however is a permit given only under special circumstances, humanitarian grounds for people who would normally be inadmissible to Canada but immigration agrees might have good grounds to be there anyway. This is sometimes granted for family reunion circumstances. However, if you are visa exempt or have been granted a TRV, as far as I know, you would not qualify to get a TRP. Even if you do get refused a TRV, there is still no guarantee that you would get a TRP. You would have to list your humanitarian grounds of why you would need to be in Canada and they would have to get accepted.

Most people who are on work permits in Canada get them by getting a job offer, LMO and then work permit. This is sometimes called a closed work permit because it is tied to the employer. If such a person wants to change jobs, they would have to find a new employer, get a new LMO and a new work permit before they can start.

If such a person is a skilled worker, their spouse is eligible for an open work permit. Skilled temporary workers also have way more resources to apply for their immigration. A low skilled worker only qualifies to apply for PR under a couple of provincial nominee programs and then only for certain jobs. If they are not successful, the maximum time they can spend in Canada on a work permit is 4 years and then they would have to return home.

 

[ross lee]

hello all, I know the terminology can be confusing. Below is the definition as per CIC's website:

Temporary resident permit -A permit that may be granted in exceptional circumstances to a person who does not meet the requirements of Canada’s immigration law to enter or remain temporarily in Canada.

Temporary resident visa -An official counterfoil document issued by a visa office abroad that is placed in a person’s passport to show that he or she has met the requirements for admission to Canada as a temporary resident (a visitor, student or worker). A counterfoil is a specially designed sticker on which missions abroad print visa information. Informally known as a visitor or tourist visa, the TRV may be issued for single or multiple entries to Canada.

...in response to the original poster Srivani, posters Leon & txboyscout gave you the answer you need so hopefully your husband is not working on a visitor visa but does have valid temporary work permit.

...in response to Marsail, everyone else gave you solid answers for you to consider.

in conclusion: TRP is for people who are inadmissible to Canada but have a very unique/strong reason to enter the country and these permits are very difficult to get.

 

[rhcohen2014]

thank you for clarifying the difference!