Spouse open work permit

[pamela_c14]

I am an Australian citizen and I just got my working holiday visa granted under the Canadian experience class. I am still in Australia currently and is looking at going to Canada next year with my husband.

However my husband doesn't have a status as he doesn't qualify the criteria for the working holiday visa like me as he is over the age limit. So I have been looking at what options are available for him and came across information about open work permit:

Your spouse or common-law partner may be able to apply for an “open” work permit. This is a permit that will let them accept any job with any employer if:
1. You are
-approved to work in Canada for six months or longer,
-doing work in Canada that meets a minimum skill level (usually work for which you need at least a college diploma) and
-doing a job at Skill Level 0, A or B in the National Occupational Classification.


I am a qualified CPA Accountant, and let's assume that I am able to find a job in that profession which is a Skill level A. Is it correct that my husband will fit into the criteria to apply for an open work permit?

Re. the first point that says " if you are ( as in me) approved to work in Canada for six months or longer" - the working holiday visa is granted for 2 years, so this should satisfy the first point? I am clarifying that as I notice most people who have been asking on this forum for their spouse, are people who are on a work permit either sponsored by their company or under the skilled worker program. I haven't seen anyone asking who are on a work permit from Canadian experience class/working holiday visa..

If so, is he allowed to accompany me to Canada as a visitor on a tourist visa (Australia is exempt country for tourist visa in Canada) wait until I secure a job in Skill level A as an Accountant, and apply for the open work permit INLAND whilst in Canada?

I noticed everyone who has been asking on this thread are people who have been working in canada sponsored by a company or already has a skilled working permit. So I wasn't sure whether the working holiday permit is similar to the normal permit?

The other option is of cos, for him to just come here and try to find a company who will sponsor him but I wasn't sure how high this chance will be. He is however a professional with certification and work expertise in the IT field (Skill level A in NOC) for over 15 years. And he is an Australian citizen as well.

Thank you in advance I hope someone can give me their opinion please, thanks!

 

[canuck_in_uk]

I am a qualified CPA Accountant, and let's assume that I am able to find a job in that profession which is a Skill level A. Is it correct that my husband will fit into the criteria to apply for an open work permit?

If so, is he allowed to accompany me to Canada as a visitor on a tourist visa (Australia is exempt country for tourist visa in Canada) wait until I secure a job in Skill level A as an Accountant, and apply for the open work permit INLAND whilst in Canada?

The other option is of cos, for him to just come here and try to find a company who will sponsor him but I wasn't sure how high this chance will be. He is however a professional with certification and work expertise in the IT field (Skill level A in NOC) for over 15 years. And he is an Australian citizen as well.

Yes, if you can get a NOC 0, A or B job, your husband can apply for an OWP based on your status.

Yes, he can come as a visitor and apply for the OWP once you get a skilled job.

Coming to Canada and finding an employer willing to go through the LMIA/work permit process will be incredibly difficult.

 

[pamela_c14]

Thanks so much for your help!

 

[teddydeeps]

congrats!

yes your husband can get a owp. this is true for dependent visa even if you are a full time student.

All the best.
Td.

 

[pamela_c14]

Thanks so much for replying! Really appreciate it! I have another question which I am having problem finding a close to definite answer for. Anyone has any idea how long it will take? There have been people on the forum saying it could take 4 months, or some people said it even took them 8 months?! Is that really so? Will it be a factor in speeding up or even slowing down the process if my husband applies inland ? Some people said it could take longer just so hard to find an answer.:: thanks a lot

 

[canuck_in_uk]

Thanks so much for replying! Really appreciate it! I have another question which I am having problem finding a close to definite answer for. Anyone has any idea how long it will take? There have been people on the forum saying it could take 4 months, or some people said it even took them 8 months?! Is that really so? Will it be a factor in speeding up or even slowing down the process if my husband applies inland ? Some people said it could take longer just so hard to find an answer.:: thanks a lot

When it comes to CIC/immigration/visas, there are always "some people" who think they are experts but actually know nothing.


The fastest way to get the OWP is to flagpole, as he can do this the very day that you get proof of your skilled job. He would cross the Canada-US border, get a little slip of paper from US immigration that shows he left Canada, turn around and re-enter Canada. When he re-enters, he can show all the applicable documents and be issued an OWP on the spot.

If you're not near the border, then as the spouse of a valid work permit holder, he can apply from within Canada. Online apps are currently taking 15 days.

http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside
http://www.cic.gc.ca/EnGLIsh/information/times/temp.asp

 

[Koud]

Sorry but I think you really need to double check that your husband can apply for an open work visa.
Visa from International Experience Canada (work holidays and young professionnal) are a little different from other temporary work visa. I can say that from France your IEC status will not give your spouse a work (or study) visa but at best a visitor visa.

 

[canuck_in_uk]

Sorry but I think you really need to double check that your husband can apply for an open work visa.
Visa from International Experience Canada (work holidays and young professionnal) are a little different from other temporary work visa. I can say that from France your IEC status will not give your spouse a work (or study) visa but at best a visitor visa.

I think you really need to double check your research before posting. Spouses of IEC permit holders (from every country, even France) who have a NOC 0, A or B job qualify for an OWP.


http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob490A.asp

Work permits for spouses of IEC participants

Spouses of foreign nationals cannot obtain an open work permit under the “Public policy, competitiveness and economy R205(c)(ii)” (Labour Market Opinion (LMO) exemption C41, see FW 1, Section 5.38), unless they can meet the following eligibility requirements:

The principal foreign worker must be doing work which falls within NOC Skill Levels 0, A or B;
The principal foreign worker must hold a work permit that is valid for a period of at least six months;
The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.

Note: If an IEC participant in the Working Holiday Program category holds only the Letter of Introduction, CIC cannot determine if the participant is employed in a NOC 0, A or B occupation and, therefore, cannot issue an open work permit to the participant’s spouse. Once the IEC open work permit holder can prove that they are employed in a NOC 0, A or B position (i.e., letter from their employer and pay stubs), their spouse may then apply under the LMO exemption C41.

 

[Koud]

Perhaps they change some rules, but for young professionnal from France last year, you had to sign a paper saying that your spouse cannot have a work permit because of young professionnal work permit and even a lawyer told us that too.
When I applied for holiday work visa (in 2013) we had both this visa so I am not sure on this one but we had to have 2 different applications.
So I am really suprise that it is possible and I will have been happy to know that my husband could have the spouse open work visa.

 

[canuck_in_uk]

Perhaps they change some rules, but for young professionnal from France last year, you had to sign a paper saying that your spouse cannot have a work permit because of young professionnal work permit and even a lawyer told us that too.
When I applied for holiday work visa (in 2013) we had both this visa so I am not sure on this one but we had to have 2 different applications.
So I am really suprise that it is possible and I will have been happy to know that my husband could have the spouse open work visa.

It's correct that a person cannot get an OWP based solely on their spouse having an IEC permit.

However, if the spouse obtains a skilled job (NOC A, B or 0) and has more than 6 months validity left on their IEC, their spouse then qualifies for an OWP. It's unfortunate that you received incorrect information.

 

[pamela_c14]

Thanks so much for everyone’s reply, really grateful for advice you are all giving as it really can be hard to find out information sometimes!

Canuck_in_uk - re. flagpole, I do remember reading and coming across this method when I went through this forum. And I was under the impression that flagpole is usually used by people who wants to extend their Canada visitor visa for 6 months, or extend a work permit. In the case of extending a work permit, then usually they will have to bring all relevant documents with them to be presented at the border ( job offer letter, LMO etc)

It is great news for me if my husband can use this method for OWP? I didn’t think this was an option. It sounds a bit nerve wrecking but will the US government ask any questions? Do we literally tell them that we are there for a flagpole and that he would like to be issued an OWP on the spot? What do we say? And since he will not have a job yet as he would still be on a visitor status, what kind of documents will we need to provide at the border? I assume it will be things like my job offer/contract and IEC work permit, basically everything that we would have had to provide anyway if we were to apply for OWP online/in paper?

Another question was we don’t mind having to wait 15 days if we are not near the border, but I didn’t think it was that short? I thought it would take longer than that to apply inland. I was surprised to read from a lot of people on this forum saying it has taken their spouse nearly 7-8 months to apply inland, as if that is the case it’s probably not worth him coming at all!

I was just confused with all the different information I have been reading, but canuck_in_uk your advice is giving me lights at the end of the tunnel!

 

[canuck_in_uk]

It is great news for me if my husband can use this method for OWP? I didn't think this was an option. It sounds a bit nerve wrecking but will the US government ask any questions? Do we literally tell them that we are there for a flagpole and that he would like to be issued an OWP on the spot? What do we say? And since he will not have a job yet as he would still be on a visitor status, what kind of documents will we need to provide at the border? I assume it will be things like my job offer/contract and IEC work permit, basically everything that we would have had to provide anyway if we were to apply for OWP online/in paper?

Another question was we don't mind having to wait 15 days if we are not near the border, but I didn't think it was that short? I thought it would take longer than that to apply inland. I was surprised to read from a lot of people on this forum saying it has taken their spouse nearly 7-8 months to apply inland, as if that is the case it's probably not worth him coming at all!

He can definitely apply at the border. He can just tell US immigration that he's flagpoling; they see this all the time and they will just turn him right around with the piece of paper to give to the CBSA officer. When he re-enters Canada, he presents the same documentation as the online/paper app and requests an OWP.

Where have you seen 7-8 months?

 

[pamela_c14]

Arghh the thread won’t let me post any links, cos I found some threads of people talking about it. however, I was trying to find where i saw 3-4 months from outland applications and 8-9 months for inland applications, I am starting to think that maybe i was looking at discussion of people talking about their OWP for spousal sponsorship.. however I didn’t think there was a difference whether we are applying OWP as a temporary work permit or from a family sponsorship?

Like on one of the thread I saw, the people there are saying that it is taking them 8-9 months, or over a year to get the OWP. However the original person asking the question mentioned application for OPEN WORK PERMIT/SPOUSE SPONSORSHIP inland on September 2010 - is this the same as the OWP that my husband will be applying, or is it different from the person asking on the thread as it relates to a sponsorship?

Anyway, I was looking at this link you posted : Processing times: Temporary Residence - Applications Submitted Inside Canada
I couldn’t see a processing time for OWP – or is that considered “Work Permit Extension(new employer)”?

 

[canuck_in_uk]

is this the same as the OWP that my husband will be applying, or is it different from the person asking on the thread as it relates to a sponsorship?

Anyway, I was looking at this link you posted : Processing times: Temporary Residence - Applications Submitted Inside Canada
I couldn't see a processing time for OWP – or is that considered “Work Permit Extension(new employer)”?

VERY BIG difference between the two, completely different process and not at all relevant to your situation.

Yes, “Work Permit Extension(new employer)”.

 

[pamela_c14]

Yeah I thought it seemed a bit strange that it takes so long to get a work permit for a spouse. Got confused cos the other people were calling it open work permit as well, so assumed it was the same thing!

Thanks so much canuck_in_uk for clarifying and your advice, you told me things that I didn’t know about and it’s great help.