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Accompanying Spouse on Work Permit
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minj View Drop Down
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Joined: 08 Aug 2010
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    Posted: 26 May 2011 at 11:31am
Good morning everyone,

I have very simple question in regards to accompanying spouse.

My husband is about to apply for work permit. I am a Canadian Citizen. We are both moving to Canada. When he fills out the work permit application should he put me as accompanying spouse? As I am not applying for a visa I am not sure how this should be filled out.

Please let me know.

Thank you,
 Minj
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pmm View Drop Down
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Joined: 29 Nov 2009
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Points: 2279 		Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2011 at 3:01pm
Hi

Originally posted by minj minj wrote:

Good morning everyone, I have very simple question in regards to accompanying spouse. My
husband is about to apply for work permit. I am a Canadian Citizen. We
are both moving to Canada. When he fills out the work permit application
should he put me as accompanying spouse? As I am not applying for a
visa I am not sure how this should be filled out. Please let me know. Thank you,  Minj


Nope, not required as you are a citizen.
PMM
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Andy123 View Drop Down
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Joined: 05 Jun 2011
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This question is a bit of a follow-on to the above. This is a bit simplistic, but I haven't seen anything to address my concerns. It's actually happened to a friend of mine (he's moved away and I can't find him) and me too, but I have never see the situation addressed.

Situation: I am getting married to a Canadian citizen and intend to live there (we're common-law; I was a student there for 6 years). After getting married, I intend to apply for PR (she's applying now to sponsor me). I'd like to work locally until the PR is approved/rejected. I have a SIN, but what form/process do I use? Do I ask for temp residency? Do I apply for a work permit? What do I do? This seems really basic, but I haven't seen this addressed on the immigration web site or on these forum pages.
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pmm View Drop Down
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Hi

Originally posted by Andy123 Andy123 wrote:

This question is a bit of a follow-on to the above. This is a bit simplistic, but I haven't seen anything to address my concerns. It's actually happened to a friend of mine (he's moved away and I can't find him) and me too, but I have never see the situation addressed.
Situation: I am getting married to a Canadian citizen and intend to live there (we're common-law; I was a student there for 6 years). After getting married, I intend to apply for PR (she's applying now to sponsor me). I'd like to work locally until the PR is approved/rejected. I have a SIN, but what form/process do I use? Do I ask for temp residency? Do I apply for a work permit? What do I do? This seems really basic, but I haven't seen this addressed on the immigration web site or on these forum pages.


1. If you apply as an "out of Canada" spousal, (you can still reside in Canada as a visitor) you can work until you receive your PR.
2. If you apply as "in Canada" you include a request for an open work permit with the sponsorship and application. If you receive first level approval you would be issued an Open Work Permit. First level approval is taking 9-10 months.
3. Other than that, you would have to find an employer, who after advertising the position on the job bank for 2 weeks, is willing to apply for a Labour Market Opinion that there are no Canadians/PRs available for the work. Then you would have to apply for a work permit either at a Port of Entry or an Overseas office.
PMM
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Andy123 View Drop Down
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Points: 5 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Andy123 Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jun 2011 at 12:27am
Thanks.

"[Y]ou can work until you receive your PR." How? Are you assuming that I already have a OWP, or are you saying that I can work in Canada without a OWP (perhaps with a Temp PM visa) while awaiting the PR (I have a SIN, but do not currently possess a OWP). 

I think that you meant that if I had a OWP, I could continue to work while awaiting the PR process. Is that right?

I'll probably apply Out of Canada since I have to travel to Australasia during the process time, and I think I'm not allowed to do that if applying in Canada. I also heard that there might be some review/appeal options if submitting in Buffalo that I can't get in Canada.

Anyway, thanks for your help.
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pmm View Drop Down
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Points: 2279 		Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jun 2011 at 1:30am
Hi

Originally posted by Andy123 Andy123 wrote:

<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px; ">Thanks.</span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px; "></span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px; ">"[Y]ou can work until you receive your PR." How? Are you assuming that I already have a OWP, or are you saying that I can work in Canada without a OWP (perhaps with a Temp PM visa) while awaiting the PR (I have a SIN, but do not currently possess a OWP). </span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px; "></span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px;">I think that you meant that if I had a OWP, I could continue to work while awaiting the PR process. Is that right?</span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px;"></span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px;">I'll probably apply Out of Canada since I have to travel to Australasia during the process time, and I think I'm not allowed to do that if applying in Canada. I also heard that there might be some review/appeal options if submitting in Buffalo that I can't get in Canada.</span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px;"></span>
<span ="Apple-style-span" style="-webkit-border-horizontal-spacing: 1px; -webkit-border-vertical-spacing: 1px;">Anyway, thanks for your help.</span>


It should be can't work .
PMM
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Points: 5 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Andy123 Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jun 2011 at 1:41am
OK, thanks.

I wonder what's the average processing time for the PR equivalent visa is for spouses in Germany, the U.S., England, etc. The wait time is so long. I think that it's insane to sit on my backside for a year waiting to be allowed to work. I'll have to live somewhere else. Maybe I could sue the Canadian govt. violating my conjugal rights...

Haha. Good luck with that.

Thanks.
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Andy123 View Drop Down
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Points: 5 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Andy123 Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jun 2011 at 8:31am
Hey there,

I have another quick one. I (right now) have a OWP that expires in 2 weeks. Then I have 2 months of dead time, and then get married. Can I twist the OWP to another work permit? It's a post-graduate visa, and before I came to Australasia, I got a certificate of common-law marriage with the woman I am going to marry in Canada. So I have that. Can I apply to extend my OWP using my common law marriage and then later (in 2 months), apply for a PR visa???I hate to bother everyone, but it only takes 3 months to get a work permit, but a year to get a PR visa if I apply out-of-Canada (the best case scenario)...
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If you have an employer, ask you employer to apply for LMO in your favour then apply for a WP, but the process will definitely take more than two weeks.

Originally posted by Andy123 Andy123 wrote:

Hey there,
I have another quick one. I (right now) have a OWP that expires in 2 weeks. Then I have 2 months of dead time, and then get married. Can I twist the OWP to another work permit? It's a post-graduate visa, and before I came to Australasia, I got a certificate of common-law marriage with the woman I am going to marry in Canada. So I have that. Can I apply to extend my OWP using my common law marriage and then later (in 2 months), apply for a PR visa???I hate to bother everyone, but it only takes 3 months to get a work permit, but a year to get a PR visa if I apply out-of-Canada (the best case scenario)...
"I shall pass this way but once. Therefore, any good that I can do or any kindness that I can show, let me do it now, for I shall not pass this way again."
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