Immigration Canada

Work Permits for Spousal Sponsorship Applicants

Permanent Resident Card (2002-2007) (Photo credit: Wikipedia)

As part of its commitment to family unification, Canadian citizens and permanent residents may sponsor their spouses or common-law partners for permanent residency. For many couples, it is important that the sponsored spouse is able to work in Canada while waiting for their permanent residency to be finalized.

Permanent resident visa applications for sponsored spouses are processed in two categories: Inland and Outland. Spouses who are living in Canada at the time of application, and who will remain in Canada during the application process, apply through Inland sponsorship. Spouses who are living outside of Canada, or expect to be outside of Canada when their permanent resident visa is finalized, apply through Outland sponsorship.

For many couples, the chance for both partners to live and work together in Canada while their application is processed is an important factor in deciding whether to pursue Inland or Outland sponsorship. Citizenship and Immigration Canada (CIC) helps to facilitate work permits for spouses being sponsored under the Inland process. There is no special treatment for spouses who have applied using the Outland process.

Work Permits for Inland Sponsorship Applicants

CIC processes Inland sponsorship applications in two stages. First, the immigration office assesses the Canadian partner’s ability to sponsor his or her spouse. If they are approved, the office then proceeds to assess the foreign spouse’s admissibility to Canada.

Once the first stage of the application has been approved, the person being sponsored is eligible to apply for an Open Work Permit. An individual holding an Open Work Permit may work for any employer in Canada, or may be self-employed, while they wait to hear the results of their permanent residency application.

Typically, the immigration office will inform applicants when they are eligible to apply for open work permits. To reduce waiting time, a work permit application may be included with the initial permanent residency application. In this way, the work permit can be issued as soon as the first stage is approved. This method is particularly useful for spouses who are already working temporarily in Canada, because their pending Open Work Permit application grants them ‘implied status’. Under implied status, an applicant can continue to work past the expiration date of their existing work permit, until they receive the results of their pending application.

Work Permits for Outland Sponsorship Applicants

Outland sponsorship follows a two-stage structure similar to that of Inland sponsorship. However, unlike the Inland process, the first stage of Outland sponsorship does not make the sponsored spouse eligible for an Open Work Permit. A foreign spouse in this situation can still apply for a temporary work permit, but he or she will be subject to general requirements for work permit eligibility.

In order to be eligible for a standard work permit, an individual must typically receive a job offer from a Canadian employer. In most cases, the employer will have to receive a positive Labour Market Opinion (LMO)before the foreign worker can request a work permit. Depending on a spouse’s age, nationality, and profession, he or she may qualify for an LMO-exempt work permit through a program such as the NAFTA Professional or International Experience Canada.

Sponsored spouses applying for a work permit should be aware that, in general, temporary work permits are given to individuals who plan to leave Canada after their work permits expire. If a government official determines that a work permit applicant is coming to Canada to live with their partner, it is possible that their work permit application will be refused because they cannot demonstrate that they will leave Canada once their work permit expires.

Applicants in this situation can address this issue by acknowledging ‘dual intent’. The dual intent principle means that it is possible to receive a temporary visa while acknowledging that a permanent resident application is in process.

Should a spouse’s work permit be refused, this does not affect the outcome of his or her permanent residency application.

The Final Word

Spouses coming to Canada are making the brave decision to move to a new country in the name of love. Thankfully, the Canadian government recognizes that such a move should not come at the expense of one’s professional goals.

“When they come to Canada, many sponsored spouses expect to not only build a life with their partner, but to pursue a career,” said Attorney David Cohen. “Spouses who plan to work in Canada should carefully assess their career goals as well as their immigration options when determining what sponsorship program is best for them.”

To find out if you and your spouse are eligible for a sponsorship application, please fill out a free online assessment today.

Source: http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html

Changes for International Students – coming in June

A number of new regulations for international students will come into force on June 1, 2014. The changes are intended to make the process easier for genuine students and to minimize abuse of the study permit program.

The Changes

The chart below compares and contrasts the current rules with the new rules as of June 1.

Current Regulations	New Regulations as of June 1
Applicants must show that they intend to pursue studies in Canada when applying for a study permit.	Applicants must enroll in and continue to pursue studies in Canada. Failure to do so could lead to removal from Canada.
Applicants may apply for a study permit to pursue studies at any educational institution in Canada.	Study permits will only be issued to successful applicants who are pursuing studies at an educational institution that has been designated to receive international students.
Study permit holders eligible to work off-campus must apply for an Off-Campus Work Permit.	Study permits will automatically authorize holders to work off-campus for up to 20 hours per week during the academic session and full-time during scheduled breaks. There will be no need to apply for a separate work permit. The study permit holder must be pursuing academic, vocational or professional training of six months or more. Studies must lead to a degree, diploma or certificate at a designated institution.
Any international student can apply for a Co-Op Work Permit if a co-op placement is an integral element of their course of study.	Only international students who are studying at a secondary school or a designated institution may apply for a Co-Op Work Permit. The co-op placement must still be an integral part of their course of study.
Visitors may not apply for a study permit from within Canada.	Visitors may apply for a study permit from within Canada if they: Are at the pre-school, primary or secondary level; Are on academic exchange or are visiting students ; or Have completed a course or program of study that is a condition for acceptance at a designated learning institution
International students who have completed their studies but hold valid study permits may remain in Canada until the expiration of their study permit.	A study permit becomes invalid 90 days after completion of studies. To remain in Canada, the graduate must possess a valid work permit or other authorization.
After completion of their studies, study permit holders are not authorized to work until they receive a Post-Graduate Work Permit	Eligible international graduates will be authorized to work full-time while waiting to receive a decision on a Post-Graduate Work Permit application.
There are no references clearly stating that Registered Indians, who are also foreign nationals, are exempt from the requirement to obtain a study permit.	Registered Indians, who are also foreign nationals, may study in Canada without a study permit because they have the right of entry into Canada.

Who is affected by these Changes?

Any international student in Canada may be affected by one or more of these changes. This is especially true for the majority of international students who require study permits to come to Canada.

It is important to note that not all international students need to obtain a study permit. Study permit exemptions are most commonly granted to minor children residing in Canada, as well as individuals who will be studying in Canada for less than six months. More information on studying without a study permit can be found here.

Important Takeaways

The changes are by and large good news for international students, who will see some aspects of their study and work permit applications become more streamlined.

For instance, the decision to make study permit holders automatically eligible for off-campus work relieves international students of the time and stress of applying for a separate work permit. It also gives students the opportunity to gain professional experience during their studies and to connect with potential future employers. Similarly, the decision to allow graduates to work full-time while awaiting a Post-Graduate Work Permit helps students to transition smoothly into the Canadian workforce.

“These new changes were designed with students’ best interests in mind,” said Attorney David Cohen. “The Canadian government understands that international students make important contributions to our country, both economically and socially. Helping students come to Canada, and enjoy their stay here, is a win-win situation.”

Citizenship and Immigration Canada has stated that further details on the changes, as well as how they will be implemented, will be announced in the weeks leading up to June 1. Stay tuned to CIC News for important updates on this program.

To find out if you are eligible for a Canadian study permit, please fill out a free online assessment today.