Please help! Current work permit - Spouse sponsor - New Employer

[vdang]

All,
I moved to Canada 2 months ago on a closed work permit that ends on Jan 2016. I got married a month ago and she's Canadian. I have the option to apply for PR with BC PNP or spouse sponsorship. I am applying for the PR under spouse sponsorship as I don't want to be stuck to this employer for the next 2 years. I have found a new job and I would like to switch to this new employer. Is there anyway for me to change employer without going through the LMO or PNP process again? Can I apply for an open work permit?

Thanks,
VD

 

[canuck_in_uk]

Hi

You cannot just change employers; the new employer would need to apply for an LMO and you would then need to apply for a new work permit. You don't qualify for an Open Work Permit.

From your previous posts, you are Vietnamese, which would make your outland VO Singapore. Singapore happens to be one of the slowest VOs, so inland is probably the better option for you, if you are prepared to stay in Canada throughout the process.

If you apply inland, you have the option to submit an OWP app with the PR app. However, you wouldn't get the OWP until after stage 1 approval, taking approximately 9 months. Until then, you could only work on your closed work permit.

 

[vdang]

Canuck, Thanks for the info! Will it be possible for me to submit an outland application to the office in the States? And since the timeline for the first step is roughly 45 days, I wonder if I can apply for an open work permit after the first stage and still keeping my current job. Worse come to worse, I think I might have to go through the LMO process again and submit an inland application. I will need to travel oversea and bear all the risks associated with it. There's really no ideal solution for my case it seems like. Thanks again man.

 

[chakrab]

Canuck, Thanks for the info! Will it be possible for me to submit an outland application to the office in the States? And since the timeline for the first step is roughly 45 days, I wonder if I can apply for an open work permit after the first stage and still keeping my current job. Worse come to worse, I think I might have to go through the LMO process again and submit an inland application. I will need to travel oversea and bear all the risks associated with it. There's really no ideal solution for my case it seems like. Thanks again man.

US VOs don't process spousal applications. American spouses are processed through Ottawa.

 

[Rob_TO]

Canuck, Thanks for the info! Will it be possible for me to submit an outland application to the office in the States? And since the timeline for the first step is roughly 45 days, I wonder if I can apply for an open work permit after the first stage and still keeping my current job.

Since you have valid status in Canada until 2016 (so well over 1 year), you have the option to request CPC-Ottawa as your processing office for family class PR if you were to apply OUTLAND. Typical turnaround time for an outland app through CPC-O is around 8-10 months.

HOWEVER while your app "should" go to CPC-Ottawa, CIC can always make a unilateral choice to instead send your app to Singapore for outland processing. So you should make a cover letter also pleading your case and reasons for having processing and any potential interview in Canada.

With an outland app, there is NO OWP associated with it. So no you can't apply for OWP after stage 1 approval (approx 1 month). OWP apps are ONLY for inland applications.

 

[little_apple]

Stay with your employer and file an inland sponsorship application. So you will have at least a job for now and would be able to switch employers as soon as you get first stage approval.

Be happy that you have a job in Canada until 2016 even if it's not your dream job. At least you are able to stay and work here while your PR is in process. Many of us are stuck here as a tourist, unable to find an employer who provides an LMO