Spousal sponsorship

[Leon]

Hi,
Me and my girlfriend will apply for inside Canada spousal sponsorship. I have a question regarding work permit.

As far as I know we should apply for work permit along with spousal sponsorship application.

Is it allowed for me as a sponsored person to work in Canada if I get a job offer before my girl friend's sponsorship application approval?

In other words, can I apply for work permit when I am offered a job during process of spousal application?

Thanks for your help in advance.

If you are offered a job before your first stage approval, you are like any other foreigner in the sense that the employer would have to advertise the job, apply for a labour market opinion (LMO) and if they get it, you can apply for a regular work permit tied to that job and that employer. The spousal application will not help you with that in any way. Through the spousal application you will get an open permit when you get your first stage approval.

 

[saeedar]

If you are offered a job before your first stage approval, you are like any other foreigner in the sense that the employer would have to advertise the job, apply for a labour market opinion (LMO) and if they get it, you can apply for a regular work permit tied to that job and that employer. The spousal application will not help you with that in any way. Through the spousal application you will get an open permit when you get your first stage approval.

Thank you Leon,
I remember there was a list (if I do not make mistake) of occupations that there was no need for labour market opinion (LMO), but I do not find it. I am a computer programmer and I want to know if there is a need for LMO.

 

[Leon]

Thank you Leon,
I remember there was a list (if I do not make mistake) of occupations that there was no need for labour market opinion (LMO), but I do not find it. I am a computer programmer and I want to know if there is a need for LMO.

That used to be the case for a few IT occupations but they phased that out.

 

[computergeek]

That used to be the case for a few IT occupations but they phased that out.

However, IT jobs do tend to have a fairly easy time of obtaining LMOs. Also, depending upon the country from which you come, you may find that Canada and your country have a bilateral agreement simplifying obtaining a work permit. For the US and Mexico (for example) the NAFTA agreement eliminates the need for an LMO for qualified positions. Canada has similar agreements with other countries as well. To learn how that process works, consult FW 1 "Temporary Foreign Workers", the CIC manual available on their website.

Good luck!

 

[canadaeh1234]

That is the problem, but realize that it's not an immediate abandonment. The issue seems to be that you have to appear for the final landing interview in Canada and if you don't do so they determine your application has been abandoned. The border manuals say they shouldn't refuse an inland applicant from returning without good cause (e.g., criminal activity, etc.) but a CBSA officer DOES have the discretion to do so. You, of course, have the right to challenge such a refusal and I haven't read any court decisions like this at all (it doesn't mean they don't exist, of course, just that they must be rare.)

alright then. i forgot to mention that when i left canada the 6 months visiting time with my previous entry lapsed already. i arrived in canada january 2012, applied early june, my 6 months expired last july 2nd week, and left canada september 30. as i understood it, when i applied for spousal application and open work permit, i am considered a temporary resident until they give a decision right? now do you think i overstayed?

 

[computergeek]

alright then. i forgot to mention that when i left canada the 6 months visiting time with my previous entry lapsed already. i arrived in canada january 2012, applied early june, my 6 months expired last july 2nd week, and left canada september 30. as i understood it, when i applied for spousal application and open work permit, i am considered a temporary resident until they give a decision right? now do you think i overstayed?

From your description you did not overstay. Further, since you were not under a removal order, nor does it sound like you were being investigated, there probably isn't even a flag on your file.

The issue is that you lose implied status once you leave. But you were only a visitor anyway (with a WP in process) so if you are given a new visitor record (which is one option for someone with an inland WP in process) and readmitted, you're fine. It's all up to the BSO, to be honest.

Good luck!

 

[VPS]

We received your application to sponsor on August 9, 2012.

We started processing your application on September 20, 2012.

We sent you a letter on September 20, 2012 about the decision on your application. Please consider delays in mail delivery before contacting us.

This is what our ecas says..what does it mean? In the letter they have requested for the passport, PCC and fees..pl advice..

 

[parker24]

We received your application to sponsor on August 9, 2012.

We started processing your application on September 20, 2012.

We sent you a letter on September 20, 2012 about the decision on your application. Please consider delays in mail delivery before contacting us.

This is what our ecas says..what does it mean? In the letter they have requested for the passport, PCC and fees..pl advice..

It means they need the passport, a police check and the fees. You're almost there!!

 

[VPS]

It means they need the passport, a police check and the fees. You're almost there!!

Does it mean, they have done the background check of the applicant already except the PCC and stamp as soon as they receive the passport? Am a bit worried as the applicant has a long travel history...Thanks

 

[computergeek]

Does it mean, they have done the background check of the applicant already except the PCC and stamp as soon as they receive the passport? Am a bit worried as the applicant has a long travel history...Thanks

This depends upon the visa office. Which office is handling the application?

 

[VPS]

This depends upon the visa office. Which office is handling the application?

New Delhi Visa office is handling the application. Another worry is that the applicant is employed in Singapore whereas VO is India. Sending passport cross country is illegal and no friend/relative want to take the risk of carrying passport even with the authorization letter. Applicant cannot move out of Singapore due to his job, one month away from Singapore is ok but not more. No guarantee that the NEwDelhi will stamp and return the passport in a month, isnt it??? Stuck here badly...Any advice...

 

[computergeek]

New Delhi Visa office is handling the application. Another worry is that the applicant is employed in Singapore whereas VO is India. Sending passport cross country is illegal and no friend/relative want to take the risk of carrying passport even with the authorization letter. Applicant cannot move out of Singapore due to his job, one month away from Singapore is ok but not more. No guarantee that the NEwDelhi will stamp and return the passport in a month, isnt it??? Stuck here badly...Any advice...

That's why I asked. ND is notorious for requesting the passport at the beginning of the evaluation period and holding on to it for many months. And Singapore is well known for insanely long wait times (posted at 23 months now). To be honest, if I sent a passport for a visa and didn't have it back in a week or two, I'd declare it lost or stolen and get a replacement passport as my own work involves travel all the time, and that's just not possible without the passport.

I'd suggest contacting NVDO and saying exactly that: because I work in Singapore, I must have the passport back within X days. If it is not returned within that time, I will have to treat it as lost and obtain a replacement passport so that I may return to work. Alternatively, you may ask them if the passport may be submitted to the Singapore VO and forwarded from Sinagpore to ND - because inside a diplomatic pouch, the Indian legal restriction would not apply. I suspect that's a long shot, but I don't know what else to suggest. I'm really amazed that New Delhi wants the passport up front like they do.

Another suggestion I just found (while searching on this topic) was to contact the Indian High Commission in Singapore and see if they might be able to assist. See http://hcisingapore.gov.in/ for contact information.

The last suggestion I can make is search the internet and find out if there is a commercial service that will do this on your behalf. In that case, you might be able to send the passport to them, have them deliver it to the embassy and then reclaim it when it has been issued, and finally get it back to you.

The Indian prohibition about sending the passport outside India causes quite a few people problems. At least with the US I was able to get a second passport (indeed, I did it last year because I needed a visa for India and that required they keep my passport three weeks and because of my travel schedule I needed it.) It turns out that this has been useful, because my main passport is at the visa office (in LA) and I have to travel next week for work. Fortunately, the US and Canada do not have laws against sending passports by mail or courier.

You may also wish to check the NVDO threads to see how other people handle this situation. Perhaps someone there has a good suggestion on how to handle this.

 

[VPS]

That's why I asked. ND is notorious for requesting the passport at the beginning of the evaluation period and holding on to it for many months. And Singapore is well known for insanely long wait times (posted at 23 months now). To be honest, if I sent a passport for a visa and didn't have it back in a week or two, I'd declare it lost or stolen and get a replacement passport as my own work involves travel all the time, and that's just not possible without the passport.

I'd suggest contacting NVDO and saying exactly that: because I work in Singapore, I must have the passport back within X days. If it is not returned within that time, I will have to treat it as lost and obtain a replacement passport so that I may return to work. Alternatively, you may ask them if the passport may be submitted to the Singapore VO and forwarded from Sinagpore to ND - because inside a diplomatic pouch, the Indian legal restriction would not apply. I suspect that's a long shot, but I don't know what else to suggest. I'm really amazed that New Delhi wants the passport up front like they do.

Another suggestion I just found (while searching on this topic) was to contact the Indian High Commission in Singapore and see if they might be able to assist. See http://hcisingapore.gov.in/ for contact information.

The last suggestion I can make is search the internet and find out if there is a commercial service that will do this on your behalf. In that case, you might be able to send the passport to them, have them deliver it to the embassy and then reclaim it when it has been issued, and finally get it back to you.

The Indian prohibition about sending the passport outside India causes quite a few people problems. At least with the US I was able to get a second passport (indeed, I did it last year because I needed a visa for India and that required they keep my passport three weeks and because of my travel schedule I needed it.) It turns out that this has been useful, because my main passport is at the visa office (in LA) and I have to travel next week for work. Fortunately, the US and Canada do not have laws against sending passports by mail or courier.

You may also wish to check the NVDO threads to see how other people handle this situation. Perhaps someone there has a good suggestion on how to handle this.

Thanks a lot. Point one noted, shall check whether the passport can be transfered between Visa offices, but read somewhere that may not be possible..
your suggestion 2 and 3 we already tried and nopes, not possible it seems..we are getting a letter from employer stating the travel requirement, but dont know how helpful it would be..
NDVO currently says 9 months, but do you know if the document been submitted in an organized manner, will fasten the process??? Thanks a lot....

 

[chelseaviel]

Good day everyone!

My husband has been already approved as a sponsor last August 13, 2012 and we are about to send the application for Quebec the 2nd week of October 2012 since my husband is from Quebec. My concern is my medical is going to expire on January 31, 2013 and I only have like 3 months from today before my medical expired. Could anyone tell me if I still have the chance to receive my Visa before the expiration? otherwise I need to redo my medical

Thanks in advance! God bless!

 

[Popo012]

I have some questions here guys and I need some help.

1)when someone receive a letter for the 1rst stage and got approved,can this person applying for a medical card example:,(if the person lives in other province like Quebec)?

2)what happen next if the person get approve for the 2nd stage?will the person receive another letter or what?