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Work Visa Questions - two separate topics

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amikety View Drop Down
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    Posted: 10 May 2012 at 10:07pm
I have two questions regarding work permits. Didn't want to clutter the forum with topics, so here they both are.
 
1) Does anyone know if a graduate of the CAPPA certification program (in Calgary) can get a job that will provide a lmo to get a work permit? I am thinking of taking the program. I've been recommended by an accountant supervisor with an oil company and I have funds to pay for it. I have no worries about the coursework only *can I get a job*? Don't want to spend money if I can't get a job! :)
 
I have talked to my school, CAPPA office, and others. No one knows for sure... for some reason.
 
2) I have an outstanding application for a work permit. In my application I clearly wrote my partner and I are in the waiting period for common-law. I also clearly stated he is a Canadian citizen. HOWEVER, CIC emailed me and wants a copy of his work or study permit (He jokes I should scan his birth certificate and send that, haha.... I might:P ) and we're clueless on the common-law part. I've tried calling CIC and I will try again, but they *never* answer when I call. (This is in MONTHS of trying, never once gotten through!) Does anyone have any insight here? Would actually supplying his birth certificate suffice? (And no, we aren't engaged or planning to get married anytime in the future right now.)
 
If you know the answer to one or both questions, thanks in advance.
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 23 May 2012 at 9:48am
When I did a search for CAPPA certification programs in Calgary, I found programs that are at least 8 months in duration.  According to the CIC website, you should qualify for a post-graduation work permit (http://www.cic.gc.ca/english/study/work-postgrad.asp) which is available after completing a study program that is at least 8 months long.  Note that the duration of your work permit would be restricted to the duration of the program or three years, whichever is less.

Such a work permit does not require an LMO as it is an open work permit.  At the end of your work permit period, your employer could seek an LMO and that would permit you to renew your work permit.  Alternatively, if you are planning on filing for family sponsorship (common-law class) then after you have met the twelve month cohabitation requirement, you can apply for permanent residency.

IF you apply for outland sponsorship (you don't say from which country you originate, so I'll assume the US for the moment) the total time required is under a year right now (3 months for sponsor approval plus 8 months for Buffalo).  A well prepared and clear application can be processed considerably faster, but for planning purposes the 11 month number is a good one to use.

IF you apply for inland sponsorship it takes 11-12 months before the sponsor is approved and then 8 months for them to process the application BUT at the 11-12 month mark you get an open work permit.  The key here is that if you HAVE a work permit already you can submit your renewal application along with your PR application and as long as the application is in process you are covered under "implied status".  However, as long as you are under implied status you should not leave Canada (if you are not readmitted it abandons your entire application.)

So, let's suppose you start your CAPPA certification program in September and you qualify for common law in January 2013.  You file your application in January 2013.  You complete your course of study in May and get your post-graduate open work permit in June (so it is good through January 2014).  That should be *just* enough time for them to complete your PR application.  Worst case, you might have a short gap between your work permit and being granted PR, in which case your employer could obtain an LMO and you could renew your work permit with that or change to a visitor status until your PR is granted.

So you do have options.

As for CIC, this is a typical sort of nonsensical demand for documentation.  I would indeed send them copies of his documents establishing his right to work in Canada (passport, or birth certificate and copy of picture ID.)  I'm never sure why people find calling comforting, since in my experience (and seemingly corroborated by those on this list) the answer you get is generally not terribly useful, reproducible or even demonstrable.  If you send it in writing, keep a copy of what you sent and a copy of the notification that it was received you have something concrete to which you can point in the future.

Good luck!



FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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