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Spouse Open Work Permit

yoanis_gil

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Mar 8, 2012
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Hi There,

I'm waiting for my work permit to be approved (filed on February 1st). If I'm lucky enough it should be approved by end of March (maybe later ....). I've been looking around for the application package (mainly on CIC's website) and procedure to file an Open Work Pemit for my wife, but so far I've been unable to find any good information.

Anyone can outline what's the procedure to file an Open Work Pemit?

Regards,

Yoanis.
 

ragluf

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Feb 15, 2012
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see here

http://www.cic.gc.ca/english/work/arriving.asp#spouse

'Your Spouse Working in Canada'
 

yoanis_gil

Member
Mar 8, 2012
10
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Thanks ragluf, for the quick reply. Let me clarify a little bit better our current situation. My wife and I, are both in our country of origin. I'm waiting for the LMO to be approved (this is a correction to my first post, as I should have said "waiting for the LMO to be approved instead of "work permit"). What I would like to do is, once the LMO gets approved, apply for a work permit (for me) and an open work permit for my wife. I know there is plenty of documentation on CIC's website about work permits, but I just did not see any procedure outlined about how to do so for an open work permit ...

It seems from the link you just sent me above, that the procedure it's quite similar, but I went through the application package (IMM1295) and did not see where to state that an "open work permit" is been requested... Any ideas?

I'm just a little bit confused, so I will appreciate any help.

Thanks,

Yoanis.
 

Foxxy

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Hi
I too will be applying for a Open work permit for my spouse! Based on my research, On the work permit form there is a section that asks the type of permit applying for , there is a drop down box with the options. So you will fill out one form and your wife will fill out another and choose open work permit on her form!
 

csic_student

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Feb 25, 2010
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yoanis_gil said:
Thanks ragluf, for the quick reply. Let me clarify a little bit better our current situation. My wife and I, are both in our country of origin. I'm waiting for the LMO to be approved (this is a correction to my first post, as I should have said "waiting for the LMO to be approved instead of "work permit"). What I would like to do is, once the LMO gets approved, apply for a work permit (for me) and an open work permit for my wife. I know there is plenty of documentation on CIC's website about work permits, but I just did not see any procedure outlined about how to do so for an open work permit ...

It seems from the link you just sent me above, that the procedure it's quite similar, but I went through the application package (IMM1295) and did not see where to state that an "open work permit" is been requested... Any ideas?

I'm just a little bit confused, so I will appreciate any help.


When your LMO is approved and you send in your WP application to the CIC, you have to apply for TRV for your wife. If approved, CIC will give her the temporary resident visa. When you guys show at the POE, depending upon your skill level, CBSA officer will attach an open work permit status document to her passport. Make sure that your skill NOC is , A or B in order for her to qualify for an open WP.. Hope this helps:)
Thanks,

Yoanis.
 

ragluf

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Feb 15, 2012
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yoanis_gil said:
Thanks ragluf, for the quick reply. Let me clarify a little bit better our current situation. My wife and I, are both in our country of origin. I'm waiting for the LMO to be approved (this is a correction to my first post, as I should have said "waiting for the LMO to be approved instead of "work permit"). What I would like to do is, once the LMO gets approved, apply for a work permit (for me) and an open work permit for my wife. I know there is plenty of documentation on CIC's website about work permits, but I just did not see any procedure outlined about how to do so for an open work permit ...

It seems from the link you just sent me above, that the procedure it's quite similar, but I went through the application package (IMM1295) and did not see where to state that an "open work permit" is been requested... Any ideas?

I'm just a little bit confused, so I will appreciate any help.

Thanks,

Yoanis.
There are two ways to get her an open work permit:
1. At the Port of Entry - (dependent upon getting TRVs) - upon entry at Canada Border Services - you can ask for an open work permit for her which is dependent on your WP NOC category. Right now, only wives of holders of WP with NOC O, A, and B categories are eligible for applying for an SOWP. Faster way.
2. After getting your WP - she then applies for an OWP using details (NOC category) of your WP.
- takes some time, as it is dependent on getting you a WP first. Note here - she is the one who will file the application - not you in behalf of her.

In our experience, it is faster to get the OWP here in Canada. My wife had a TRV only and we did not apply at the POE. After arriving, we applied online for her SOWP and they sent it via mail.
 

Rishi_C

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Aug 9, 2012
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ragluf said:
There are two ways to get her an open work permit:
1. At the Port of Entry - (dependent upon getting TRVs) - upon entry at Canada Border Services - you can ask for an open work permit for her which is dependent on your WP NOC category. Right now, only wives of holders of WP with NOC O, A, and B categories are eligible for applying for an SOWP. Faster way.
2. After getting your WP - she then applies for an OWP using details (NOC category) of your WP.
- takes some time, as it is dependent on getting you a WP first. Note here - she is the one who will file the application - not you in behalf of her.

In our experience, it is faster to get the OWP here in Canada. My wife had a TRV only and we did not apply at the POE. After arriving, we applied online for her SOWP and they sent it via mail.
@Ragluf; I have Dependent Visa and will be landing Canada on 25th Aug with my Spouse who have TWP.
Q1-If I apply upon entry at immigration counter will I get the Open Work Permit ( I checked and I fall under skill-0 - 0213).
Q2- What docs I need to produce along with the form.

Any information on this is really appriciated.
 

ragluf

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Rishi_C said:
@ Ragluf; I have Dependent Visa and will be landing Canada on 25th Aug with my Spouse who have TWP.
Q1-If I apply upon entry at immigration counter will I get the Open Work Permit ( I checked and I fall under skill-0 - 0213).
Q2- What docs I need to produce along with the form.

Any information on this is really appriciated.
1. Does your spouse's TWP fall under NOC Codes A, B or O?
The requirements for getting an OWP at point of enty has changed - now there is an addition of this criteria:
•you are temporary resident visa exempt
- or you come from a country whose citizens are visa-exempt (i.e. do not require entry visas to come to Canada)
- This may decide if you can get the WP at the POE.

Nevertheless - both of you are in possession of valid entry visas - so there is no harm in asking the CBSA at POE that you would like to apply for a work permit. Most likely he will direct you to the proper immigration counter for this.

2. You would need to present your spouse's TWP - it is on the basis of the TWP that you will apply for your OWP. It will also help if other docs such as copies of your spouse's LMO as well as Job agreement/work contract are available for reference of the immigration officer.

Should you not be successful in applying at the POE, there is another route - apply online after entering Canada. All the luck to you..
 

Rishi_C

Newbie
Aug 9, 2012
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ragluf said:
1. Does your spouse's TWP fall under NOC Codes A, B or O?
The requirements for getting an OWP at point of enty has changed - now there is an addition of this criteria:
•you are temporary resident visa exempt
- or you come from a country whose citizens are visa-exempt (i.e. do not require entry visas to come to Canada)
- This may decide if you can get the WP at the POE.

Nevertheless - both of you are in possession of valid entry visas - so there is no harm in asking the CBSA at POE that you would like to apply for a work permit. Most likely he will direct you to the proper immigration counter for this.

2. You would need to present your spouse's TWP - it is on the basis of the TWP that you will apply for your OWP. It will also help if other docs such as copies of your spouse's LMO as well as Job agreement/work contract are available for reference of the immigration officer.

Should you not be successful in applying at the POE, there is another route - apply online after entering Canada. All the luck to you..
@Ragluf, thanks. Yes, my spouse have skill"A" category visa. I am not fully migrating to Canada at present as I am currently working and visiting Canada for a week. In adverse case if I do not get Open WP at point of entry, would you know what will be the fastest way to get the visa ( is it online ?) and appox how much time will it take.

This will help me in planning my stay for this visit and schedule leaves accordingly.
 

iamcherrie

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Apr 21, 2012
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Hi All,

I have a question..
If my husband holds a skilled work permit as a chef and is working in Alberta, if I will to apply for an open work permit, is it okay if I work in Toronto?.. I have a cousin living in Toronto and he told me, I can easily get a work there unlike in Alberta.. Does having SOWP allow the spouse to work only in the province where her husband is working?
Thanks a million for your help..
 

knarf

Newbie
Aug 26, 2012
2
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Hi Ragluf, Just want to check with you. I also applied a Temporary Resident Visa for my wife and my 2yo daughter. We're supposed to come to Canada together but last minute they were required to take the Med exam by the Canada Embassy, so, ended up I flew to Canada first because my employer asked me to fly asap. Do they need to get a return ticket, will the IO in the Philippines ask for it? Will the Canada IO ask for it?

Thanks to advice.
 

ragluf

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Rishi_C said:
@ Ragluf, thanks. Yes, my spouse have skill"A" category visa. I am not fully migrating to Canada at present as I am currently working and visiting Canada for a week. In adverse case if I do not get Open WP at point of entry, would you know what will be the fastest way to get the visa ( is it online ?) and appox how much time will it take.

This will help me in planning my stay for this visit and schedule leaves accordingly.
If you are in Canada and if you did not get an OWP at POE - Use the online application system; note you need to register to obtain access.
http://www.cic.gc.ca/english/e-services/index.asp
Work Permits are processed by CPC Vegreville. Currently - the processing time is http://www.cic.gc.ca/english/information/times/temp.asp
December - January I noted from feedback in other applicants in other threads here - the application times do shorten.

best of luck to you
 

ragluf

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knarf said:
Hi Ragluf, Just want to check with you. I also applied a Temporary Resident Visa for my wife and my 2yo daughter. We're supposed to come to Canada together but last minute they were required to take the Med exam by the Canada Embassy, so, ended up I flew to Canada first because my employer asked me to fly asap. Do they need to get a return ticket, will the IO in the Philippines ask for it? Will the Canada IO ask for it?

Thanks to advice.
Better to get return tickets for them. As you are applying for TRVs for them, the very nature of the visa is 'temporary visit'. They will need to satisfy CIC that they will return at the end of their stay - so having return tickets as well as strong proof of ties to the home country (funds, regular work, non-liquid assets, history of travel that shows returns to the home country etc.) supports the TRV application. I would not assume this will ensure approval, as seen on the experience of other posters, as the decision is always on a 'case-to-case' basis depending on the officer doing the assessment on your application.

Usually, it is the IO in the PH that asks for presentation of the return ticket - not the border services at the point-of-entry in Canada.

Also I recalled FYI - as your wife will be travelling with the child without you, you may have to execute a letter stating that you have approval for your child to travel with your wife and also to submit some proof of relationship (copy of marriage certificate/birth certificate of child). In some cases, this may need to be approved by DSWD (though have not heard about this now too much - you may need to call up DSWD). This needs to be presented to the IO in PH - well this stems from concerns of taking children without one parent's consent.

all the best of luck on your application for your family..
 

mdd2011

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Dec 10, 2011
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Hi Ragluf,

I wanted to know about any documents you provided regarding the skill level of your job/NOC number when you applied for your spouse's OWP. I have already applied online for the permit but I am confused if my application will be approved or not. Although my wife's employment letter mentions her position which is a Skill A job, it doesn't specify the NOC number. I have, however, mentioned the related NOC number in the application. Will this work?Also, since the current online application processing time is really long - 67 days, do you think we could go at the border and try to get my permit? I have a TRV (visitor) with multiple entry.
 

ragluf

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@ mdd2011
At that time we submitted a copy of my work permit as well as the HRSDC opinion - your wife's LMO should have the NOC code.

As for applying at the border, well the criteria of allowed to get the WP at the border is for those that come from visa-exempt countries plus having an LMO. As this is an OWP, well you do not have an LMO. There have been some posts here in this forum (you may have to search a bit) that were successful of getting a WP at POE. IMHO, it certainly is worth a try if going to the border and coming back again is not a strain or too much of a logistical challenge for you and that your wife also has a re-entry visa - better have her with you also when doing this.

/good luck and all the best!