Studied in Canada, got a work permit, what about my partner?

[facingthesun]

Hi,

I am a French national. I studied for a Bachelor's in Montreal and successfully graduated.
I applied for a post-graduation work permit which I expect to receive next month for a period of three years.

My partner is a Polish national. She is here on a Working Holiday visa which expires end of August 2013. I understand she can get a work permit through me but to do so we need me to have a job that fits in categories A B or 0. This is crucial because if she can't work here anymore then I won't be able to sustain the both of us and we will have to leave Canada back to Europe where we are both allowed to work.

I tried to understand what do these categories mean, and I still have no clue. Does it depend on the domain my employer is operating in? Does it depend on the diplomas required for the job? Does it depend on the job title?

Any insight would be greatly appreciated.

 

[PMM]

Hi

Hi,

I am a French national. I studied for a Bachelor's in Montreal and successfully graduated.
I applied for a post-graduation work permit which I expect to receive next month for a period of three years.

My partner is a Polish national. She is here on a Working Holiday visa which expires end of August 2013. I understand she can get a work permit through me but to do so we need me to have a job that fits in categories A B or 0. This is crucial because if she can't work here anymore then I won't be able to sustain the both of us and we will have to leave Canada back to Europe where we are both allowed to work.

I tried to understand what do these categories mean, and I still have no clue. Does it depend on the domain my employer is operating in? Does it depend on the diplomas required for the job? Does it depend on the job title?

Any insight would be greatly appreciated.

1. It depends on the job description. As you know it must be in NOC A, B or O.
2. If you look at the Matrix you will find the NOCs that are A, B or O. http://www5.hrsdc.gc.ca/noc/english/noc/2011/Matrix.aspx
3. So until you get a job, it is moot point whether she will be able to apply for a work permit or not. Note you are going to have to demonstrate that you are either married or in Common/law relationship. I would check what you claimed as your marital status was on your study permit and her work permit. It will be a deciding factor.

 

[SenoritaBella]

There is also the option of your partner's employer applying for a LMO(labor market opinion) for her from Service Canada. If approved, she can apply for a "closed" work permit. A closed work permit is one that is tied to the employer that obtained the LMO.

The foreign work program has undergone some changes recently, it may not be easy to obtain a positive LMO so better to begin early.

 

[facingthesun]

Hi


1. It depends on the job description. As you know it must be in NOC A, B or O.
2. If you look at the Matrix you will find the NOCs that are A, B or O. *I'm not allowed to post links*
3. So until you get a job, it is moot point whether she will be able to apply for a work permit or not. Note you are going to have to demonstrate that you are either married or in Common/law relationship. I would check what you claimed as your marital status was on your study permit and her work permit. It will be a deciding factor.

Hi, than you for your answers.

1. This is what I'd like to work out beforehand to only apply for jobs that will be in these categories. Otherwise there is no point in even staying here if she can't get a work permit.
2. I had a look there but still can't understand what is the determining factor for the NOC. How does HRC assess the category? It is easy for positions titled in exactly the same way as in the NOC but what about the other job titles that are not on the NOC? It's not always a 100% match.
3. We claimed our common law status on my student permit renewal last January. We didn't put it on her work permit as it was early in our relationship and we thought it would be wiser if we had untied visas should we part following the stress of emigrating. We have had a joint account and a residential lease in both our names since we arrived in Canada last year though.

 

[facingthesun]

There is also the option of your partner's employer applying for a LMO(labor market opinion) for her from Service Canada. If approved, she can apply for a "closed" work permit. A closed work permit is one that is tied to the employer that obtained the LMO.

The foreign work program has undergone some changes recently, it may not be easy to obtain a positive LMO so better to begin early.

We are not very confident her employer will go through the trouble of applying for her. She works a restaurant job without a signed contract (the job is legal and she pays taxes, it's just that she doesn't have a signed contract of employment).

 

[SenoritaBella]

About the NOC, here's how you determine:

1. depending where the job is posted, it may already have the NOC code. e.g. jobbank.gc.ca for instance usually has the job's NOC. If it doesn't, look at the main duties listed, go to HRDSC website and try to find the code that is consistent with those duties. See links below:
NOC 2011 Occupational structure by skill type: http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/OccupationIndex.aspx
NOC 2011 Occupational descriptions: http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/QuickSearch.aspx?val65=*

The code is usually 4 digits:
if it starts with zero(e.g. 0111), it is Skill type O
if the 2nd digit is 0 or 1(e.g. 3011, 2174), it is skill level A
if the 2nd digit is 2 or 3(e.g. 2211, 4311), it is skill level B
if the 2nd digit is 4, 5, and upwards(e.g. 6411, 6525, 6611, etc) it is skill level C, D, etc(i.e. unskilled) and will not qualify your partner for a spousal open work permit.

 

[facingthesun]

About the NOC, here's how you determine:

1. depending where the job is posted, it may already have the NOC code. e.g. jobbank.gc.ca for instance usually has the job's NOC. If it doesn't, look at the main duties listed, go to HRDSC website and try to find the code that is consistent with those duties. See links below:
NOC 2011 Occupational structure by skill type: *can't post links*
NOC 2011 Occupational descriptions: *can't post links*

The code is usually 4 digits:
if it starts with zero(e.g. 0111), it is Skill type O
if the 2nd digit is 0 or 1(e.g. 3011, 2174), it is skill level A
if the 2nd digit is 2 or 3(e.g. 2211, 4311), it is skill level B
if the 2nd digit is 4, 5, and upwards(e.g. 6411, 6525, 6611, etc) it is skill level C, D, etc(i.e. unskilled) and will not qualify your partner for a spousal open work permit.

Ah, perfect thank you this is what I was after!