Temporary Resident Applying for OPW

[Marwan ALI KHAN]

Hi,

Asking for a friend:

I am a visitor visa holder to Canada with my family residing in Canada on PR for quite some time. However, I came on a visitor visa from Dubai in 2020 and since then I have been applying for an extension of my visitor visa which so far has been approved (the current extension is valid until May 2022). I applied for Open Work Permit end of January 2022. I am still awaiting an update on that, no change in status yet so I am assuming it is still under process. However, in the meantime, let's say my OPW doesn't come by May, should I still apply for extension of my visit visa?

 

[scylla]

Hi,

Asking for a friend:

I am a visitor visa holder to Canada with my family residing in Canada on PR for quite some time. However, I came on a visitor visa from Dubai in 2020 and since then I have been applying for an extension of my visitor visa which so far has been approved (the current extension is valid until May 2022). I applied for Open Work Permit end of January 2022. I am still awaiting an update on that, no change in status yet so I am assuming it is still under process. However, in the meantime, let's say my OPW doesn't come by May, should I still apply for extension of my visit visa?

On what basis did you apply for the OWP? Is your spouse a PR who has sponsored you through the inland spousal sponsorship process and included an OWP with the application?

 

[Marwan ALI KHAN]

I am not married so I just applied for OWP without sponsorship or anything

 

[scylla]

I am not married so I just applied for OWP without sponsorship or anything

In that case I don't understand under which criteria you qualify for an OWP. You should be expecting the OWP to be refused.

 

[Marwan ALI KHAN]

The CIC website does not state any such thing. According to the website I am eligible to apply

 

[Naturgrl]

The CIC website does not state any such thing. According to the website I am eligible to apply

Your spouse is PR? You need to start sponsorship first to be eligible of OWP. The link below states eligiblity.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177

 

[scylla]

The CIC website does not state any such thing. According to the website I am eligible to apply

You probably incorrectly said that you were in Canada on a TRP.

You are in Canada on a TRV (not a TRP).

Only TRP holders qualify for open work permits.

A TRP is a special class of visa for people who are inadmissible to Canada, typically due to a crime.

Unless there's something else you're not telling us, you do not qualiy for an OWP and will be refused.

 

[Marwan ALI KHAN]

You probably incorrectly said that you were in Canada on a TRP.

You are in Canada on a TRV (not a TRP).

Only TRP holders qualify for open work permits.

A TRP is a special class of visa for people who are inadmissible to Canada, typically due to a crime.

Unless there's something else you're not telling us, you do not qualiy for an OWP and will be refused.

 

[Marwan ALI KHAN]

It said on the cic website that temporary resident permit ie visitor visa could apply for OpW

 

[scylla]

It said on the cic website that temporary resident permit ie visitor visa could apply for OpW

You have misunderstood the rules.

A TRP is NOT a visitor visa. A TRV is a visitor visa.

You do not have a TRP. You have a TRV.

The Open Work Permit rule only applies to TRPs.

You do not qualify for an OWP.

 

[Naturgrl]

It said on the cic website that temporary resident permit ie visitor visa could apply for OpW

You are on a TRV not TRP. A Temporary Resident Permit, also known as a TRP, is a document issued by Citizenship and Immigration Canada that allows people who are technically inadmissible to Canada to visit the country. You are not eligible for an OWP.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5554-applying-remain-canada-temporary-resident-permit-holder.html

 

[Mafir]

Naturgrl,

Thanks for sharing the web page. I read it and have a question, Why the TRP holder is eligible and TRV holder is not for OWP? Actually TRV holder looks more eligible as TRP is given to person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations either as a temporary resident or as a permanent resident to enter or remain in Canada.

 

[scylla]

Naturgrl,

Thanks for sharing the web page. I read it and have a question, Why the TRP holder is eligible and TRV holder is not for OWP? Actually TRV holder looks more eligible as TRP is given to person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations either as a temporary resident or as a permanent resident to enter or remain in Canada.

That's how the rules work.

The TRP is very difficult to get generally. If someone is inadmissible to Canada, they need to have an extremely strong reason why they need to be in Canada in order for the TRV to be approved. An example might be a situation where the inadmissible person has a minor (child) who is in Canada and who is critical ill and the inadmissible person needs to travel to Canada to be with that minor child. Inadmissible people cannot qualify for work permits the normal way (since they are inadmissible). So in the event someone gets a TRP approved and end up in Canada for more than six months, IRCC provides them with a way of supporting themselves through the OWP.

TRV holders qualify for work permits the normal way (e.g. LMIA + job offer) and therefore don't fall under the same rules as TRP holders. They don't need this exception.

 

[Mafir]

That's how the rules work.

The TRP is very difficult to get generally. If someone is inadmissible to Canada, they need to have an extremely strong reason why they need to be in Canada in order for the TRV to be approved. An example might be a situation where the inadmissible person has a minor (child) who is in Canada and who is critical ill and the inadmissible person needs to travel to Canada to be with that minor child. Inadmissible people cannot qualify for work permits the normal way (since they are inadmissible). So in the event someone gets a TRP approved and end up in Canada for more than six months, IRCC provides them with a way of supporting themselves through the OWP.

TRV holders qualify for work permits the normal way (e.g. LMIA + job offer) and therefore don't fall under the same rules as TRP holders. They don't need this exception.

You have explained in the best academic way. Thank you very much.

With these your explanation I came to know first time that even TRV holder can get work permit if they get job offer (LMIA). I didn't know this before.

Also, I am not in Canada. I am in Morocco.

Can you suggest a way how to find a job who is bilingual in french and English from outside in the field of Early childhood education as an assistant?

We have applied for lot of vacancies but never get an proper reply. Usually employer look for people who are already in Canada and with work permit.

 

[Naturgrl]

You have explained in the best academic way. Thank you very much.

With these your explanation I came to know first time that even TRV holder can get work permit if they get job offer (LMIA). I didn't know this before.

Also, I am not in Canada. I am in Morocco.

Can you suggest a way how to find a job who is bilingual in french and English from outside in the field of Early childhood education as an assistant?

We have applied for lot of vacancies but never get an proper reply. Usually employer look for people who are already in Canada and with work permit.

Only way is to apply to jobs and hope someone replies and is willing to go through the LMIA process. FYI, ECEs are licensed in almost all provinces so if you don't have a license you can work without one. Are you eligible for immigration programs since you are bilingual? If so look at immigrating as getting a job offer will be a challenge.