At IMB Immigration Law, we guide our clients through Work Permit Applications, Student visa applications and for PR to Canada. Open work permits (WP) in Canada are available to a select set of applicants. This piece is for applicants applying from outside of Canada when the spouse is already studying or working in Canada. You are eligible for an open WP if you are:
- A student studying in Canada and enrolled in a designated institute for full time studies
- A worker ( a student on open work permit) or a skilled worker working in Canada on a long duration ( longer than six months) work permit
- Family member of a foreign representative or foreign military member
Spouses Of Students
International students obtain open work permits upon completion of their studies. These open work permits allow them to work anywhere for any employer. If the student is working in a skilled job (0, A or B category), the student’s spouse is eligible to apply for a WP from overseas to join the student spouse in Canada. The open WP allows the spouse to seek employment and self-sustain.
IRCC outlines the broad requirements applicable to all WP applicants at https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada. The applicant must
- prove to an officer that you will leave Canada when your work permit expires;
- show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home;
- obey the law and have no record of criminal activity not be a danger to Canada’s security;
- be in good health and have a medical exam, if needed;
- not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
- give the officer any other documents they ask for to prove you can enter the country
Country Specific Documents
Applicants are also required to have all such documents that are specific to the region they are living in or come from when they apply for WP. For example, a married applicant from India must present a marriage certificate issues by registrar of marriages even if the marriage happened in a religious place. Applicants are often asked to produce both religious ceremony certificates and the official government issued marriage certificates along with proof of marriage in the form of photos of ceremony and community setting of the wedding.
Consulates are vary of applicants coming from high fraud risk regions and generally ask for further evidence and proof of genuine marriage.
Denial Cases
We are regularly approached by applicants whose cases have been denied by the consulate. A lot of these rejections happen when an application is hurriedly put together by an agent or consultant. Often the agents do not understand the case by case issues and tell the applicants a standard set of things (even if they are not applicable in their case). Please seek professional legal assistance to handle such matters.
Processing – Two Week Processing For Spouses
Spouses of students or foreign workers applying from outside of Canada can qualify for expedited two week processing. Once the applicant has gathered all the employment (in Canada) related paperwork, the spouse and children can-
- apply online from Outside Canada
- Spouses job in Canada is a skilled job (0, A category)
- Either has LMIA or
- if LMIA exempt ( employer must submit the employment offer through employer portal)
- include a medical exam (if needed)
- include police certificates (if needed)
- include certified translations of documents that aren’t in English or French
- pay the processing fees
- submit your biometrics results within two weeks of submitting your application (if needed)
Contact IMB Immigration Law
If you are interested in work permit or immigration to Canada, contact IMB Immigration Law for a free evaluation at [email protected]. The firm is headed by Ravneet Kaur Brar – one of the best immigration lawyers in India. She has years of valuable industry experience helping people immigrated to US, UK and Canada through a variety of programs. Take advantage of her knowledge, to fulfill your immigration dream to Canada and USA. Visit www.imbimmigrationlaw.com today!
