Spouse open work permit refused

[Sowmya]

Hi All,

I applied for an open work permit on June 1st 2016 to work in Canada and it got refused because of the below reason:

Your application as requested is refused.
[X] After considering all the circumstances of your case, your application for a work permit
cannot be approved as requested as per section R203 of the Immigration and Refugee
Protection Regulations. You do not possess a valid
Labour Market Impact Assessment and
Confirmation from Employment and Social Development Canada. Your prospective employer is
responsible for obtaining this confirmation.

Since I am applying for an open work permit I don't have any offer with any employer in Canada and cannot get the LMIA and Confirmation from Employment and Social Development Canada.
My spouse is in Canada and he holds a work permit from his employer.I joined him last month and have applied for an open work permit to work here.

When I enquired with the CIC they mentioned the following as the reason for the refusal of the open work permit - I have mentioned as "Open Work Permit" in IMM5710E form in Details of Intended work in Canada section (question no.a).Also they asked me to mention my spouse work permit details.

If I should specify my spouse's work permit details, in which form and in which section should I be specifying them .

Please do let me know so that my open work permit application gets through.

If someone has applied for a spousal work permit and has got it in the recent times , could you share IMM5710E form so that it would be of great help to me.

Thanks in advance.

 

[mcu257]

I think this is what you need:

http://www.cic.gc.ca/english/work/apply-who.asp

"If your spouse wants to work in Canada
If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same rules as you do. This includes their employer getting an LMIA from Employment and Social Development Canada/Service Canada, if needed.

Your spouse or common-law partner can apply for an open work permit if you are:

approved to work in Canada for six months or longer, and
doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have an open work permit (e.g. post-graduation work permit, International Experience Canada, et cetera) your spouse must attach a copy of your work permit to their application for an open work permit, along with a:

• letter from your current employer that confirms you work there in a NOC 0, A or B occupation, or a copy of your employment offer or contract, and.
• copy of your recent pay slips.

Your spouse’s permit will not be valid longer than yours.
"