Spousal Work Permit: Is contractor contract enough?

[Skyshaard]

Hi guys,

I have a question I'd like to get a clarification on.

Quick intro: I live in the Czech Republic and I have been working for a Canadian employer for over 10 months as an account coordinator (junior role in marketing). I am not an employee but a contractor with a NOC skill level of 0 or A.

I am now applying for WH visa and I'll be bringing my girlfriend with me as she's a common-law partner. From what I read, she will be able to apply for a spousal work permit in 3 months after we arrive (I need 3 payslips) and the processing time will be 1-2 months at least. That means, she'd only be able to work in Canada for like 6 months which is not the best.

I have worked for a Canadian employer for over 10 months as a contractor and I'll have a full-time contract for the same position once I arrive to Canada. That means the contractor work and full-time position has the same description, same NOC skill level and same title "account coordinator".

Since I have "basically" worked in the same position for 10 months, I am wondering if it was possible to apply for the spousal work permit with this contractor contract I have. Of course, it would have the NOC confirmation, job description and I'd show a recent proof of payment (not payslips but invoices and confirmation from work).

The reason for this is that my girlfriend wouldn't have to wait 3 months before she can even start the application process but she could apply right after we come to Canada.

Do you think this is possible?

Thanks,
Sky

 

[Naturgrl]

Hi guys,

I have a question I'd like to get a clarification on.

Quick intro: I live in the Czech Republic and I have been working for a Canadian employer for over 10 months as an account coordinator (junior role in marketing). I am not an employee but a contractor with a NOC skill level of 0 or A.

I am now applying for WH visa and I'll be bringing my girlfriend with me as she's a common-law partner. From what I read, she will be able to apply for a spousal work permit in 3 months after we arrive (I need 3 payslips) and the processing time will be 1-2 months at least. That means, she'd only be able to work in Canada for like 6 months which is not the best.

I have worked for a Canadian employer for over 10 months as a contractor and I'll have a full-time contract for the same position once I arrive to Canada. That means the contractor work and full-time position has the same description, same NOC skill level and same title "account coordinator".

Since I have "basically" worked in the same position for 10 months, I am wondering if it was possible to apply for the spousal work permit with this contractor contract I have. Of course, it would have the NOC confirmation, job description and I'd show a recent proof of payment (not payslips but invoices and confirmation from work).

The reason for this is that my girlfriend wouldn't have to wait 3 months before she can even start the application process but she could apply right after we come to Canada.

Do you think this is possible?

Thanks,
Sky

You either apply for her SOWP when you apply for your working visa (assume it is an ICT-Lmia Exempt and your employer has been approved) or when the you get to Canada. She can’t just apply for a permit with just your contract.

 

[Skyshaard]

I will be applying for IEC Working Holidays.

Here it says she can apply with the contract (and of course my permit): https://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

 

[Naturgrl]

I will be applying for IEC Working Holidays.

Here it says she can apply with the contract (and of course my permit): https://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=841&top=25
IEC Working Holiday visas are different. Outside Canada, your spouse needs to apply for her own IEC visa. She can't apply for an open work work permit outside Canada. When she enters Canada as a visitor, she can apply for one, if eligible. IEC processing is over a year right now.

 

[Skyshaard]

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=841&top=25
IEC Working Holiday visas are different. Outside Canada, your spouse needs to apply for her own IEC visa. She can't apply for an open work work permit outside Canada. When she enters Canada as a visitor, she can apply for one, if eligible. IEC processing is over a year right now.

That's understandable. She would travel with me as a common-law partner under a visitor visa. Since I'd have a POE letter and would receive an open work permit on the borders, I was hoping she could apply for the same.

The thing is, I want to save 3 months since I already do the work I'll be doing in Canada.

 

[Naturgrl]

That's understandable. She would travel with me as a common-law partner under a visitor visa. Since I'd have a POE letter and would receive an open work permit on the borders, I was hoping she could apply for the same.

The thing is, I want to save 3 months since I already do the work I'll be doing in Canada.

She would not receive a permit at the border. She would apply for one once in Canada. You need to have a minimum of 3 pay stubs and your job letter to apply. With processing times and given your IEC is only a year, then it may be refused. Not sure what you mean about “I want to save 3 months.” Have you applied for the IEC?

 

[Skyshaard]

I am a contractor for a Canadian company. I don't have pay stubs but I have invoices. If I get to Canada through IEC, I'll be doing exactly the same job with the same job description I have done until now from Europe.

So I am trying to see if she could apply right at the borders instead of waiting for 3 months for pay stubs since the job will be exactly the same.

 

[Naturgrl]

I am a contractor for a Canadian company. I don't have pay stubs but I have invoices. If I get to Canada through IEC, I'll be doing exactly the same job with the same job description I have done until now from Europe.

So I am trying to see if she could apply right at the borders instead of waiting for 3 months for pay stubs since the job will be exactly the same.

No she can’t get a work permit at the border. IEC is an open work permit designed for young, professionals. It is not designed to bring you spouse and family with you. If your employer had applied for LMIA and you had a closed work permit then she could apply along with you. When you come to Canada, you will be working in Canada. Once working in Canada, you can submit your invoices (time you worked in Canada) for a two month period and then apply. Also you will need to prove common-law in the application. Do you have the approved IEC?