Spousal Open Work Permit - Spouse of skilled worker of the 2 year ICE working holiday program.

[stevenr11]

Hi,

I intend to marry my long distance girlfriend in Dec 2022 (I'm Irish and she is Thai (currently working in USA)). I obtained my 2 year working holiday visa for Canada in Oct 2022 and plan to secure work and move over in Feb 2023. I am a skilled worker.

The first section here (https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/need-permit/working-family.html) states:

"You may be eligible for an open work permit if you’re the spouse or common-law partner of a skilled worker in an occupation under the National Occupational Classification (NOC)skill type 0 or skill levels A or B. The skilled worker must be authorized to work for at least 6 months after you apply for your work permit."

My question is the following: can she submit an application for an open work permit once we are married or any there any other requirements such as me actually having moved to Canada and secured employment first?

Many thanks

 

[canuck78]

Hi,

I intend to marry my long distance girlfriend in Dec 2022 (I'm Irish and she is Thai (currently working in USA)). I obtained my 2 year working holiday visa for Canada in Oct 2022 and plan to secure work and move over in Feb 2023. I am a skilled worker.

The first section here (https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/need-permit/working-family.html) states:

"You may be eligible for an open work permit if you’re the spouse or common-law partner of a skilled worker in an occupation under the National Occupational Classification (NOC)skill type 0 or skill levels A or B. The skilled worker must be authorized to work for at least 6 months after you apply for your work permit."

My question is the following: can she submit an application for an open work permit once we are married or any there any other requirements such as me actually having moved to Canada and secured employment first?

Many thanks

You can apply before coming to Canada although process will take around 6 months at the moment. How much time have you spent in person during your relationship? What type of US visa does she have and what type of work does she do? When does that visa expire? What type of wedding are you having? Will your parents be attending the wedding?

 

[stevenr11]

You can apply before coming to Canada although process will take around 6 months at the moment. How much time have you spent in person during your relationship? What type of US visa does she have and what type of work does she do? When does that visa expire? What type of wedding are you having? Will your parents be attending the wedding?

https://pvtistes.net/en/canada-spouse-common-law-partner-open-work-permit/

My understanding based on above link is that because I am on the IEC holiday work permit, my gf(spouse to be) cannot apply until I am working and have received my first pay slip? I haven't yet secured a skilled job before moving but plan to do so in next month.

I did not see any of this info on the canada.ca website though.

We have had 4 trips together since nov last year when we spent time together, including 3 trips I've made to the US to see her. She's on a 2 year J1 work visa and is an au pair. I'm an actuary. He visa expires at the end of 2023.

We are planning a court marriage because we want to be married (it's are only way of actually being together since we come from different countries). Sadly it can't be traditional due to our circumstances, she had just recently left her home country and I've planned to leave mine.

 

[canuck78]

https://pvtistes.net/en/canada-spouse-common-law-partner-open-work-permit/

My understanding based on above link is that because I am on the IEC holiday work permit, my gf(spouse to be) cannot apply until I am working and have received my first pay slip? I haven't yet secured a skilled job before moving but plan to do so in next month.

I did not see any of this info on the canada.ca website though.

We have had 4 trips together since nov last year when we spent time together, including 3 trips I've made to the US to see her. She's on a 2 year J1 work visa and is an au pair. I'm an actuary. He visa expires at the end of 2023.

We are planning a court marriage because we want to be married (it's are only way of actually being together since we come from different countries). Sadly it can't be traditional due to our circumstances, she had just recently left her home country and I've planned to leave mine.

Sorry thought you’d mentioned you’d secured work already. Yes you’ll need a job in NOC 0, A or B. Given you relationship history even if you’re married an OWP isn’t guaranteed. If someone is newly married and there are concerns about the validity of the relationship or lack of in person relationship ship an OWP can be denied. We seen this quite often when people get married soon after getting a visa to study or work in Canada and then apply for an SOWP for their spouse. This is also a way people try to secure an OWP for immigration fraud. That is why it would be best to have family present and a more traditional wedding ceremony. It will also take quite a long time to process.

 

[scylla]

https://pvtistes.net/en/canada-spouse-common-law-partner-open-work-permit/

My understanding based on above link is that because I am on the IEC holiday work permit, my gf(spouse to be) cannot apply until I am working and have received my first pay slip? I haven't yet secured a skilled job before moving but plan to do so in next month.

I did not see any of this info on the canada.ca website though.

We have had 4 trips together since nov last year when we spent time together, including 3 trips I've made to the US to see her. She's on a 2 year J1 work visa and is an au pair. I'm an actuary. He visa expires at the end of 2023.

We are planning a court marriage because we want to be married (it's are only way of actually being together since we come from different countries). Sadly it can't be traditional due to our circumstances, she had just recently left her home country and I've planned to leave mine.

That's right. You need to be already in Canada and working in a NOC A, B or 0 skill level job before your partner can submit the OWP. Wait until you have 3 payslips. This is because you're holding an open work permit.

Court marriage is fine.

 

[canuck78]

That's right. You need to be already in Canada and working in a NOC A, B or 0 skill level job before your partner can submit the OWP. Wait until you have 3 payslips. This is because you're holding an open work permit.

Court marriage is fine.

This has been a long distance relationship so would be much better to have family at the ceremony and more than a court marriage even if it small. Not sure how many actual days they’ve spent together over the 4 trips.

 

[scylla]

This has been a long distance relationship so would be much better to have family at the ceremony and more than a court marriage even if it small. Not sure how many actual days they’ve spent together over the 4 trips.

Yes, that's a good point. I made the assumption that each of the trips they've taken together have been a number of months in length. If that's not the case and they were short trips, then I agree they want to have friends and family at the court ceremony (at least from one side, preferably both).

 

[Naturgrl]

https://pvtistes.net/en/canada-spouse-common-law-partner-open-work-permit/

My understanding based on above link is that because I am on the IEC holiday work permit, my gf(spouse to be) cannot apply until I am working and have received my first pay slip? I haven't yet secured a skilled job before moving but plan to do so in next month.

I did not see any of this info on the canada.ca website though.

We have had 4 trips together since nov last year when we spent time together, including 3 trips I've made to the US to see her. She's on a 2 year J1 work visa and is an au pair. I'm an actuary. He visa expires at the end of 2023.

We are planning a court marriage because we want to be married (it's are only way of actually being together since we come from different countries). Sadly it can't be traditional due to our circumstances, she had just recently left her home country and I've planned to leave mine.

Just to add but you also need an employment letter stating employment for at least 6 months

 

[stevenr11]

Sorry thought you’d mentioned you’d secured work already. Yes you’ll need a job in NOC 0, A or B. Given you relationship history even if you’re married an OWP isn’t guaranteed. If someone is newly married and there are concerns about the validity of the relationship or lack of in person relationship ship an OWP can be denied. We seen this quite often when people get married soon after getting a visa to study or work in Canada and then apply for an SOWP for their spouse. This is also a way people try to secure an OWP for immigration fraud. That is why it would be best to have family present and a more traditional wedding ceremony. It will also take quite a long time to process.

We are going back to Thailand for 5 months at the start of the year to get married and spend time together on honeymoon, meeting her family etc.

The plan is for her to come with me to Canada on a visitor visa and then apply for a SOWP when in Canada and once I have work. Is this a solid plan? There should be no issues right?

 

[stevenr11]

Yes, that's a good point. I made the assumption that each of the trips they've taken together have been a number of months in length. If that's not the case and they were short trips, then I agree they want to have friends and family at the court ceremony (at least from one side, preferably both).

Is family present really mandatory/expected? I mean I thought you just had to prove the relationship was genuine? There are valid reasons why we would not have our families there.

 

[scylla]

We are going back to Thailand for 5 months at the start of the year to get married and spend time together on honeymoon, meeting her family etc.

The plan is for her to come with me to Canada on a visitor visa and then apply for a SOWP when in Canada and once I have work. Is this a solid plan? There should be no issues right?

Yep. This is a solid plan. I assume she has a TRV already.

 

[stevenr11]

Yep. This is a solid plan. I assume she has a TRV already.

No we haven't applied for her TRV yet. Our plan is to go to Canada in July 2023 and as far as I'm aware it takes about 2 months to get this visitor visa processed? We will apply for her visitor visa in Thailand.

Another question if I may: can she work in Canada while waiting on the decision for the SOWP? We both want her working as soon as possible..

 

[Naturgrl]

No we haven't applied for her TRV yet. Our plan is to go to Canada in July 2023 and as far as I'm aware it takes about 2 months to get this visitor visa processed? We will apply for her visitor visa in Thailand.

Another question if I may: can she work in Canada while waiting on the decision for the SOWP? We both want her working as soon as possible..

Is she from Thailand? To get an approved visa she needs to show her own funds, ties to home country, travel history and reason to visit. No she can’t work. She needs an approved work permit which takes about 5-6 months. That doesn’t factor in you first getting a job, employer letter showing 6 months employment, paystubs.

Assume you have an approved IEC.

 

[stevenr11]

Is she from Thailand? To get an approved visa she needs to show her own funds, ties to home country, travel history and reason to visit. No she can’t work. She needs an approved work permit which takes about 5-6 months. That doesn’t factor in you first getting a job, employer letter showing 6 months employment, paystubs.

Assume you have an approved IEC.

She can share my bank statement? She is from Thailand yes. She will stay with me when I'm in Canada. I have an approved IEC. He reason to visit is to be with me.

I plan to get the job while outside by doing online interviews, then move and start the job. Once I get the first payslip then we will apply for the SOWP.

 

[scylla]

No we haven't applied for her TRV yet. Our plan is to go to Canada in July 2023 and as far as I'm aware it takes about 2 months to get this visitor visa processed? We will apply for her visitor visa in Thailand.

Another question if I may: can she work in Canada while waiting on the decision for the SOWP? We both want her working as soon as possible..

The listed processing time for the TRV is 134 days right now. I would recommend applying six months in advance since processing times are slow right now and it's hard to say if they will be faster by the time you apply.

She has to wait for the SOWP to be approved and issued before she can start working.