Please help. How can a PNP Certificate Holder sponsor his child? PMM,BCguy,Leon

[neochan]

Dear PMM, BCguy and Leon,

My friend is a skilled worker within NOC 6212. He is expecting his PNP result or certificate this May 09 and he will be applying for PR thereafter. His wife, which we believe can apply for an open work permit, after obtaining his PNP Certificate. Our questions are:

1. How soon can he get to sponsor his daughter who is 10 years old and she is in the Philippines?
2. Can his wife return to the Philippines and get their daughter? When is the proper time and what is the best possible option for these?

Thanks,

Neo

 

[ymanoelpia]

hello, I am also from the philippines and my husband is applying for BC PNP, he was already nominated and just waiting for application package for PR application. To be able to bring your wife and children with you in canada you should include them in your PR application, they will become PR at the same time as you, thats a good thing in PNP, you dont wait to become PR to sponsor your family. This is what we've done.

 

[Leon]

His wife could have applied for an open work permit as soon as he had a work permit. I know TFW's who've brought a wife and 2 kids with them on a work permit. He can apply for a visit visa for his daughter to join him at the same time he applies for the open work permit for the wife. I once asked CIC if children need a study visa for minor and they said not if they all come at the same time, only if they come later so have him check with CIC if his daughter would need that.

Still, there is no guarantee that his wife and daughter would be granted an open work permit and visa. If they are not, then they have to wait until they all get their PR.

 

[arthurzhang]

why no guarantee for his spouse's OPW?
what will immigration officer think for not giving OPW?
If we match all requirement, then, there should be no reason for them to refuse. Am I right? or wrong?
Thanks

 

[Leon]

They can say that they are not allowed to give a temporary visa unless the people are going to go back when it expires. I think the most common reason to deny OWP or TRV for a foreign workers family is because immigration isn't convinced they will leave when the visa expires.

 

[morepower]

Since when does the cic say that?

Basicly everyone is eligible for an open work permit if the spouse is in the right skill level... And to bring their children, too, as I know...

 

[Leon]

CIC is in their full right to deny any person any kind of temporary permit if their requirements are not met. It's nobody's right to get a work permit or a TRV. You are at the mercy of CIC.

Look at the quotes below. Basically it says you have the right to apply. It doesn't say that you have the right to be approved. For a temporary worker who got a work permit by proving that he would return home because his family is there, when the family applies to join him, they may be seen by the visa officer has having a risk of overstaying.

Your spouse or common-law partner and children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada: they must satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record.

For your spouse to apply for a work permit without an LMO, you must meet the following conditions:

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

If you meet these two requirements, your spouse may apply for a work permit that is “open” and that will allow her or him to accept any job with any employer.

 

[neochan]

Re: Please help. How can a PNP Certificate Holder sponsor his child? PMM,BCguy,

Dear Leon, PMM,BCguy and everyone,

Thank you for all your reply and we appreciate it. I have just informed my friend and currently he still has some more questions regarding his plans for his family and his status. Here are the questions and exact scenario:

My status is skilled worker under NOC 6212. I have already applied for PNP and waiting for the result/approval and its due to come out this coming May of 2009.

1. I would like to apply for an open work permit for my wife, she is already here in Edmonton she's under temporary work permit under semi-skilled. How can my wife apply for an open-work permit? As far as I know she can apply already as I am a skilled worker under NOC 6212. What are the necessary documents to obtain an open work permit, any website or direct landline that could guide us will a be great help? Will it affect my PNP application if she will be applying for an open work permit at this time where my PNP application is already under process?

2. Also I would like to bring my daughter (10years old) to live with us & study here in Canada, currently she is in the Philippines . Where can I apply and how? What are the procedures or if there is a website that explains the processing and procedure.

Again, thank you very much for all the informations that each and everyone are sharing.

Regards,
Jun
Neo's Friend

 

[Leon]

I am not even sure about what form is needed for open spouse work permit but I think it is this one for change of conditions, http://www.cic.gc.ca/english/information/applications/visitor.asp and you can check C for new or extended work permit and write in field 10 that an open work permit is requested as a spouse of a skilled worker but tell him to call CIC at 1 888 242‑2100 and ask. He'll have to pick through the first couple of menus and then can press zero to get a live person.

For the daughter, he would have to apply for a temporary resident visa, see http://www.cic.gc.ca/english/visit/apply-how.asp

What he can also do is find a immigrant or newcomer centre in his town and go there for advice. They can often be a lot of help.