work permit do i need job offer? common law?

[mikeandem]

hi can anyone tell me if i need a job offer before i send in my application for a work permit. i am applying for PR through common law partnership and sending off my work permit at the same time. i have filled it all out except the job offer. it is a bit hard to get a job offer and get a company to wait for my application to be processed. can anyone help? thanks mike and emily

 

[kelKel]

No you don't need a job offer. The work permit you would recieve would be an open work permit. Your planning on submtting a work permit along with your inland PR application? Do you mind me asking what country you're from?

 

[ditta]

Hi Mike,
You should apply for an open work permit with your PR application which means you do not need a job offer or a labor market opinion when you submit your application. On the work permit application make sure you put on the headline `Application for Open work permit- Do not process until First Stage Approval`. This way you will get your OWP issues when you get 1st stage, after about 9 months. It will allow you to work for any employer, it will have an expiry date though, some people get 2 yers some only a few months.
Hope it helps, good luck!

 

[mikeandem]

im from england, and yes i was going to submit one with my inland application for perminant residence. i take it i will have to apply to extend my visitors visa after i send of the application. just not too sure what to do about the work permit? is there a seperate application pack for a open work visa? thanks mike

 

[kelKel]

Hi Mike any special reason you're submitting an inland application? Considering London is processing straightforward cases in a far shorter period than even first stage inland, you might want to consider an Outland app through London. You can still remain in Canada but this way you would have the right if appeal if anything went wrong and also have ability to go back to London if need be. Just letting you know the choices because I made the mistake of filing an inland before I knew I had options.

 

[mikeandem]

yes but alrady over on vancouver island and getting settled and my partner has got a new job so going to apply inland. we have joint bank accounts and have living together for three years. first year and a half with my parents in england, half a year in canada with her parents, half a year by ourselves in england and now back in canada with her parents. lots of reciepts for joint holidays, car insurance, purchases on so on. so looks like we should be ok. we have savings and are living with her parents free rent and food so should be able to keep some money in our account with my partner working over here. But not sure if i need to send off a job offer with my work permit and how do i show i want it to be an open work permit? thanks mike

 

[kelKel]

You just need to send a regular change of status form. There is no specific open work permit form. If you're currently a visitor then send the change of status form with the application. Write open work permit across the top. They will open and process this when your sponsor is approved and you will issued a work permit in about 9 months. The only reason I was suggesting an outlined is that you would most likely be a full Pr way before you'll even be able to work. Many peolpe from London are processing in under 4 months. Something to think about. If you have a straight forward case I don't see any benefit from applying inland. Many people on this forum would agree.

 

[kelKel]

I just reread my post and don't mean to sound pushy you can still stay in Vancover with your girlfriend while you file Outland and just stay a visitor as well. No need for you to be in London

 

[RobsLuv]

im from england, and yes i was going to submit one with my inland application for perminant residence. i take it i will have to apply to extend my visitors visa after i send of the application. just not too sure what to do about the work permit? is there a seperate application pack for a open work visa? thanks mike

If you still have valid temporary residence, documented by either a passport stamp or a Visitor Record that you received on your entry to Canada, you can include an extension to that status/change of conditions to an open work permit WITH the inland PR application and that protects your temporary status until the first stage of assessment on the inland PR application is completed. You don't need a job offer from an employer in order to submit the extension/change of conditions - but, please be aware that your inland PR application (and the change of condition application) will not even be looked at until 8-9 months after the application package is received by CPC-Vegreville. It's the general consensus around here that it's better to apply for PR via the outland process - even while you're visiting in Canada. The embassy in London can normally finalize straight-forward spousal PR applications in much less time than that and, of course, once you have PR, you can go to work.

Drawbacks to an outland case would be that, if an interview is required, you'd have to attend in London - but spousal cases usually see interviews waived as long as you submit sufficient evidence of your "genuine relationship" with the application. The drawbacks to the inland process are still: no right to appeal, no ability to leave Canada during processing of the PR ap due to the risk of forfeiture if you can't get back into Canada, and (in spite of the new processing timelines posted for outland cases) still a longer processing timeline overall.

Please make sure that inland is in your best interest before you submit that application - and please be aware that, if there are any complications to your case, or if you are not covered by still valid, documented temporary status right now, you could see the case transferred to a local office and then your processing timeline is indefinite. Don't just assume that because you're in Canada during processing, you have to apply inland.

 

[kelKel]

Thanks Robsluv you're so much better at explaining than me

 

[SaugaBoss]

can someone who applied outland get a work permit? it takes 1 month for buffalo idk when my app will be finished bc its in the long retarded background check bc i am a 23yr old female pregnant terrorist NOT!

i know i will need a job offer from a Canadian employer; and also a positive Labour Market Opinion from Human Resources and Skills Development Canada (HRSDC).

but how or when do i ask for the LMO?

 

[kelKel]

SaugaBoss you first have ot find an employer that is willing to go through the LMO process. They then have to advertise the position on various job sites for a specific amount of time showing no other PR or Canadian citizen can do the job. If you then get submitted a positive LMO then you can apply for a work permit.

 

[fenna1]

London is processing very fast, my time is approx 3 months and we received the passport back within 1 week! I would recommend applying outland. As for inland, passing the first stage does grant you to be able to work (no application for work permit needed), however this is taking longer than the whole process for you to get a PR visa from London. Once you get the PR visa, it permits you to work.

You have enough evidence to have a smooth process, yet that can never be 100%. Good luck