Please guide for Spouse work permit - unique case

[dinesh1]

Hi everybody

Please look into this matter


I just got an appointment letter from Canada university for post doctoral fellow position. I live in the USA with my wife on student visa. Our status in the USA is going to expire in November 2012. I am planning to file work permit application in canada embassy based in New York city. Can I file open work permit or temporary visa application for my wife along with mine or not? If I can not file her open work permit or visa application with mine then she need to go back India by herself. I want to avoid this situation. If I can not file her application with mine then what could be another option to get her temporary visa or open work permit from the USA?

My son is in India. He is not minor. Can I file his visa application from USA with mine and my wife's application or not!.

I will appreciate your earliest guidance as I am planning to file my application in next 10 days

Dinesh

 

[computergeek]

This is discussed on the CIC website: http://www.cic.gc.ca/english/work/apply-who.asp

If you are authorized to work in Canada, your accompanying family members may also be able to work here by virtue of the permit you were issued. No other authorization is required. If they intend to work while in Canada, they should find out if they are eligible for an "open" work permit. Open work permits allow them to work in any job with any employer. An open work permit also means that they may be hired without the employer having to obtain a labour market opinion (the normal authorization required). Certain jobs may require medical checks or licensing from professional organizations. Accompanying family members’ work permits will be valid for no longer than the duration of your own work permit.

Typically, your spouse’s eligibility for an open work permit depends on the skill level of your job. If the job you are doing is listed as NOC 0, A or B in the National Occupational Classification, your spouse or common-law partner will be eligible for an open work permit. You must also be authorized to work in Canada for a period of at least six months.

If you are working in an occupation that requires a lower level of formal training, your spouse may also be eligible for an open work permit through an active pilot project. Find out more.

In addition, your dependent children may be eligible for an open work permit through an active pilot project. Find out more.

Accompanying family members must always apply for their own work permits. They should apply for one at the same time as you, before entering Canada. If they decide to work only after they arrive, they can apply once they are here.

This seems clear. Based upon your description, your position should be a skilled one. Assuming that is the case, then your wife would qualify for an open work permit. You should apply together. Further, because you are not from a visa-exempt country, you will both require TRVs.