Sign in to follow this  
QB87

Common law partner work permit

Recommended Posts

QB87

Hello, 

I need some advice on whether I can get an open work permit if my common law partner already has a work permit. 

My situation is as follow. My girlfriend has a work permit for Canada (NOC A). We will be going over to Canada soon on her work permit. I don't have any work permit or permanent residency. Can I apply for an open work permit piggy backing of hers? How do I do this? 

If I can, and I can get a job offer, can I use this job offer to add 50 points to my express entry profile? (Will be a NOC A job). I need the 50 points on my EE profile to get our CRS score to 455 which will get us an ITA and hopefully a Permanent Residency. 

Any advice would be appreciated. 

Thank you. 

:)

 

Share this post


Link to post
Share on other sites
QB87

Thanks for the reply. In the link you posted above there's another link to "Who can apply for an open work permit?" (http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17

On that page it states you can apply for an open work permit if you... 

  • are the spouse or common-law partner of a skilled worker or international student

 

My interpretation is that I will be able to apply. I'm not too familiar with all the rules and thus I thought I would rather ask on this forum for some expert guidance :)

So I'm still unsure if I will be able to apply and will I be able to use the job offer then for my EE profile? 

 

I also found this link: http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

Edited by QB87

Share this post


Link to post
Share on other sites
Nelline

I believe you'd need to prove the common-law status which shouldn't be too difficult as long as you have been together at least a year. I believe 1 year minimum is the norm but hopefully someone who went that route can confirm

Share this post


Link to post
Share on other sites
Lizelle

This seems to be a good link:  https://www.canadavisa.com/canadian-immigration-open-work-permits.html#gs.UXGytKxF

According to this: https://www.canadavisa.com/canada-immigration-discussion-board/threads/open-work-permit-and-job-offer.522988/ you need a positive LMIA to claim the 50 points, which seems to suggest that you cannot use it.

It does say that after 1 year of employment you can claim the 50 points.

 

 

 

Edited by Lizelle

Share this post


Link to post
Share on other sites
Nelline
1 hour ago, Lizelle said:

This seems to be a good link:  https://www.canadavisa.com/canadian-immigration-open-work-permits.html#gs.UXGytKxF

According to this: https://www.canadavisa.com/canada-immigration-discussion-board/threads/open-work-permit-and-job-offer.522988/ you need a positive LMIA to claim the 50 points, which seems to suggest that you cannot use it.

It does say that after 1 year of employment you can claim the 50 points.

 

 

 

I agree with @Lizelle this is also my understanding as far as the points are concerned. But you should be able to apply for the OWP if you can prove the common law relationship. Then after 1 year, claim the 50 points.

Share this post


Link to post
Share on other sites
QB87

Thanks @Lizelle and @Nelline

This is really helpful and much appreciated. 

Share this post


Link to post
Share on other sites
M-N

What @Nelline said.  We came over as common-law.  I had a work permit and my fiance applied for an OWP.  

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this