Regarding Temporary Work Permits

[jbewing]

Hello,

I recently married a Canadian citizen and I am American. Due to our desire to live in Canada I've been looking for IT work here in British Columbia. My question regards securing a temporary work permit. Before you start directing me places like (cic.gc.ca) I know a majority of them, so what I need is that same information laid out in layman terms without all the technical jargon.

Of the two options below which is the fastest and which am I most eligible for:

1) You have a valid study or work permit, or your spouse or parents have a study or work permit.

2) You have a temporary resident permit that is valid for six months or more or.

Another question: originally my wife and I were under the thought that if I apply for a job I have to not only be the most eligible candidate (like usual), but the business/company has to prove I'm the most eligible. However upon further looking we noticed that due to our being married the part where the company has to prove I'm more eligible than a Canadian citizen is waived. Our we correct in that conclusion?

The following website is where we found this information (click the step 1 and the sentence in question is fifth down): canadavisa.com/canadian-temporary-work-visa.html

For those who don't want to follow the website address it states the following concerning securing a work permit while married to a Canadian citizen:

"Work Permits may be issued by Canadian immigration officials without the LMO requirement in a limited number of situations, as follows:
...
To allow the spouses/common-law partners of Work Permit and certain Study Permit holders in Canada to work in Canada;
...
"

No, we haven't started the PR at the moment due to the above assumption that the LMO is waived due to our marital status. If we do begin the PR procedure what is the estimated time before I receive a work permit?

I know I'm dumping information and questions but my wife and I have already spent a copious amount of time away from each other. We rather not add to it. Any help or direction, also if I could get a clear definition of documents I need to bring with me once I have a job offer and what exactly the business needs to supply me with that'd be great.

Thank you.

 

[scylla]

Another question: originally my wife and I were under the thought that if I apply for a job I have to not only be the most eligible candidate (like usual), but the business/company has to prove I'm the most eligible. However upon further looking we noticed that due to our being married the part where the company has to prove I'm more eligible than a Canadian citizen is waived. Our we correct in that conclusion?

Being married to a Canadian citizen has no impact on whether or not you require an LMO. If your spouse was NOT a Canadian and here on a study permit or skilled work permit - then you might qualify for a work permit without an LMO. But again, being married to a Canadian citizen gets you nothing - zero.

Having said that, since you are America, you may qualify for a work permit without an LMO if you fall under NAFTA. That's what you should be investigating.

See:

http://www.cic.gc.ca/english/work/special-business.asp

I would forget about the study permit route. First of all, you won't be able to work until about 7.5 months in (six month waiting time to qualify + application time). Secondly, you will have to be attending school full time and will be limited to working 20 hours a week. Also, I don't know if you've checked out foreign student fees. They're way more than domestic student fees and whatever you make in your job won't cover tuition so in the end you'll be down cash in this arrangement.

To answer another question, if you apply inland (not recommended for Americans) you will qualify for a work permit approx 11 months after you submit the application. If you apply outland, you will not qualify for a work permit (you'll be able to work once you've been approved as a PR and have landed in Canada).

 

[rock_khan]

Very well answered by SCYLLA .......... I totaly agree with it !