Work Permit for Spouses or Common-law Partners – Part 2 of 2

Work Permit for Spouses or Common-law Partners - Part 2 of 2

Spouses of open work permit holders

If the principal foreign worker is the holder of an open work permit (for example, post-graduation work permit or IEC - Working Holiday work permit), the spouse or common-law partner is eligible to apply for an open work permit IF the principal foreign worker is working in a skilled occupation, which means be employed in an occupation in skill level 0, A or B.

It is the spousal or common-law partner’s responsibility to prove with supporting documentation that the spouse or partner is employed in a skilled position.

You are recommended to submit with your application a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and a copy of the principal foreign worker’s last 3 payslips.

Spouses of provincial nominee work permit holders

Spouses and common-law partners of provincially nominated foreign workers can apply for an open work permit, irrespective of the skill level of the principal applicant’s occupation. 

However, the open work permit will be location-restricted to the principal applicant’s province of work. The duration will match your passport validity or the principal applicant’s work permit validity.

For Quebec cases, please check the IRCC website.

 

Spouses or common-law partners of full-time students 

Spouses or common-law partners of certain foreign students are allowed to apply for an open or open/restricted work permits, depending on whether a medical examination has been passed. 

The spouse or common-law partner who is the study permit holder must be a full-time student at either

• a public post-secondary institution, such as: a college, trade/technical school,  University or CEGEP in Quebec;

• a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec

• a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization

• a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

The work permit will be issued with a validity date to coincide with the spouse’s study permit unless the applicant’s passport expires sooner.

What is a common-law relationship for Immigration purposes?

In the immigration context, a common-law partnership means that a couple has lived together for at least 12 consecutive months in a conjugal relationship. 

 

Click here for Work Permit for Spouses or Common-law Partners - Part 1 of 2

Work Permit for Spouses or Common-law Partners – Part 1 of 2

Work Permit for Spouses or Common-law Partners - Part 1 of 2

If you are a foreign national working in Canada with a valid work permit or is authorized by law to work without a work permit, your spouse or common-law partner may be eligible to apply for a work permit that will allow her/him to work in Canada. 

 

Spouses or common-law partners of skilled workers 

Spouses or common-law partners of skilled workers may themselves be authorized to work without first having an offer of employment (apply for an open work permit) if the principal foreign worker:

• holds a work permit that is valid for a period of at least 6 months;

• is authorized to work without a work permit, and presents evidence that they will be working for a minimum of 6 months;

• is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0, level A or B;

and

• physically resides or plans to physically reside in Canada while working.

 

Eligibility for specific spousal situations 

Spouses and common-law partners of Atlantic Immigration Pilot (AIP) work permit holders

The spouse or common-law partner of an AIP applicant is eligible for an open work permit if the main applicant is employed in a position NOC 0, A, B or C. 

The open work permit will have a validity that matches the principal applicant’s work permit, up to a maximum of 1 year or until the expiry of the spouse or common-law partner’s passport or travel document, whichever is earlier. 

 

Spouses of bridging open work permit (BOWP) holders

If the principal foreign worker has obtained a bridging open work permit (BOWP) or is applying for one, the spouse or common-law partner must meet the following eligibility requirements to apply:

• The principal foreign workers’ work permits must be valid for 6 months or longer (if applying later);

• For spouses or common-law partners of federal skilled worker class (FSWC) applicants, the BOWP holder must be performing work that is at a level that falls within NOC skill type 0 or skill levels A or B;

• For spouses or common-law partners of provincial nominee class (PNC) applicants, the spouse or common-law partner is eligible for an open work permit for the duration of the work permit held by the principal PNC applicant, irrespective of the skill type or level of the principal PNC applicant’s occupation;

• For spouses or common-law partners of federal skilled trades class (FSTC) applicants, the BOWP holder must be performing work that is within one of the skilled trade occupations in NOC skill level B;

• For spouses or common-law partners of Canadian experience class (CEC) applicants, there are no set preconditions to be met by the principal CEC applicant;

• For spouses or common-law partners of caregiver applicants (caring for children class or caring for people with high medical needs class), the BOWP holder must be performing work within one of the qualifying occupations in NOC skill type 0 or skill levels A or B;

• For spouses or common-law partners of Agri-Food Pilot (AFP) applicants, the BOWP holder must be performing work that is at a level that falls within NOC skill type 0 or skill levels A or B.

 

Click here for Work Permit for Spouses or Common-law Partners - Part 2 of 2

International Students and IRCC Measures due to COVID-19 Pandemic

International Students and IRCC Measures due to COVID-19 Pandemic

TRAVEL RESTRICTIONS

Due to the COVID-19 pandemic, air travel and border measures have been  implemented by the Canadian government to protect the health and safety of Canadians by restricting non-essential international travel.

In the air mode, the basic rule is that foreign nationals are prohibited from boarding an aircraft for a flight to Canada when
- the flight is departing from any country other than the United States, and
- the foreign national is not covered by any of the travel exemptions

One of the exceptions applies to foreign nationals who hold a valid Canadian study permit or were issued a letter of invitation dated on or before March 18, 2020.

It means international students are allowed to come to Canada should they have a study permit or an approval letter for an application submitted outside Canada issued before March 18, 2020.

These international students were already enrolled at a designated learning institution (DLI) in Canada or had been accepted by a DLI and made arrangements to come to Canada to study before the travel restrictions were put in place.

In terms of documents that need to be presented, you should self-identify to airlines at the point of boarding that you are exempt under this provision by presenting:
- a valid study permit, or
- a letter of introduction from IRCC (study permit approval letter) dated on or before March 18, 2020

The instructions from the Canadian government could change without notice, so you should check the government website for the latest information.

APPLICATIONS

Applicants can continue to submit study permit applications outside Canada.
Applicants can also continue to submit study permit extension applications from within Canada.

EXTENSIONSTemporary residents in Canada unable to depart Canada

It is important to note that there is no fee waiver for any temporary residence applications or extensions.

Students who are in Canada and whose temporary resident status may soon expire may apply for an extension in order to maintain their temporary resident status in Canada: it could be an application for a study permit extension, a visitor record or a work permit.

Everyone who has an extension application currently in progress can benefit from implied status and may remain in Canada until a decision is rendered on their application.

RESTORATION

Foreign nationals whose temporary resident status has expired may apply for restoration.

If the applicant is not eligible for restoration, the officer has the option to refer the case to an admissibility hearing, issue a departure order or allow the foreign national to remain in Canada.

STUDY PERMIT CONDITIONS - ONLINE STUDYING

If an international student holds or has been approved for a study permit for a program starting in May or June 2020 for example, and those classes are being offered online due to the coronavirus, you can begin your program online from outside and complete up to 50% of it from outside Canada.

POST-GRADUATION WORK PERMIT (PGWP)

Under normal circumstances, international students must have continuously studied full time in Canada in a program that is at least eight months long to be eligible for this work permit.

Given that many courses were forced to move online in accordance with coronavirus prevention measures, IRCC is allowing international students enrolled in these courses to be eligible for a PGWP. International students will not be penalized for online coursework when they eventually apply for a Post Graduation Work Permit (PGWP).

Courses of study being delivered online on an exceptional basis due to COVID-19 will not affect Post-Graduation Work Permit Program eligibility for a post-graduation work permit.

International students in this predicament can begin their classes while outside Canada and may complete up to half of their program while abroad if they cannot travel to Canada sooner.

For the most updated information regarding the Coronavirus-COVID-19 pandemic, make sure you check the IRCC website at https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html?utm_source=SMAC

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score – part 6 of 6

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score - part 6 of 6

Provincial Nominee Programs

The provincial nomination is, for many candidates, the only way to immigrate. You would receive 600 points in the EE system, most likely an ITA at a subsequent draw, and a straight pathway to permanent residence.

IRCC is gradually giving additional allocations to the provinces for the PNPs, and the provinces are looking to the Express Entry pool to invite candidates that would meet the province labour’s needs.

It would be best if you looked into the province’s nominee programs for more details. We highly recommend creating your best possible profile, with all your work experience, education and have all your documents ready and reviewed in preparation to make an application promptly. 

PNP categories often open and close quickly, so you better be prepared!

 

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score – part 5 of 6

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score - part 5 of 6

Tips for Couples 

If you are married or in a common-law relationship, keep in mind that the spouse/partner’s language ability is worth up to 20 points. In comparison, education level and Canadian work experience are worth up to 10 points each. It means your partner is “responsible” for a total of 40 points in your CRS score.

Nonetheless to say, you may score less than a single candidate with the same abilities as you, if your spouse does not contribute to those 40 points.

The spouse should take a language test and/or obtain an ECA, as it could bring hugely valuable points. 

The most crucial part for couples is to carefully consider who should be the main applicant. And they both could create their own profiles, as long as the spouse/common-law partner is listed as a dependent.

 

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score – part 4 of 6

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score - part 4 of 6

Work

Canadian work experience will definitely give you more points under the CRS system, so if you have the chance, make sure you complete at least 1 year working in Canada. It is one of the human factors that will give you points on its own.

If you’re working a skilled job in Canada, make sure you maintain your legal work status throughout.

 

Canadian work experience

With a spouse or common-law partner

(Maximum 70 points)

Without a spouse or common-law partner

(Maximum 80 points)

None or less than a year

0

0

1 year

35

40

2 years

46

53

3 years

56

64

4 years

63

72

5 years or more

70

80

 

However, foreign work experience will also give you points under the skills transferability factors, in combination with language and Canadian work experience.

Foreign work experience – With good official language proficiency (Canadian Language Benchmark Level [CLB] 7 or higher)

Years of experience

Points for foreign work experience + CLB 7 or more on all first official language abilities, one or more under 9

(Maximum 25 points)

Points for foreign work experience + CLB 9 or more on all four first official language abilities

(Maximum 50 points)

No foreign work experience

0

0

1 or 2 years of foreign work experience

13

25

3 years or more of foreign work experience

25

50

Foreign work experience – With Canadian work experience

Years of experience

Points for foreign work experience + 1 year of Canadian work experience

(Maximum 25 points)

Points for foreign work experience + 2 years or more of Canadian work experience

(Maximum 50 points)

No foreign work experience

0

0

1 or 2 years of foreign work experience

13

25

3 years or more of foreign work experience

25

50

 

You can also secure a job offer from a Canadian employer and score extra 600 or 50 points if the job offer meets a strict set of conditions. 

 

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score – part 3 of 6

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score - part 3 of 6

Education

The education requirements are different depending on the immigration program you are applying to.

Candidates under the Federal Skilled Worker program are required to have a secondary (high school) or post-secondary education to be eligible. If completed outside of Canada, it is mandatory to have an Educational Credential Assessment (ECA) from one of the recognized organizations in Canada.

Education is not a requirement under the Canadian Experience Class program. However, it is highly recommended that you get your education assessed as it will give you extra points. It could be the difference between receiving an ITA and waiting in the pool with no real chance of applying for PR. 

If you have more than one post-secondary credential, you should get an ECA for both educations as it will give you extra points. The combination of post-secondary education with language skills and Canadian work experience could give you up to 50 extra points. 

You can also complete another level of education or consider studying in Canada. You could get 15 or 30 points for a completed post-secondary Education in Canada.

Even though completing your program is not done easily and could take time, it must be taken into consideration when making your immigration plans.

 

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score – part 2 of 6

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score - part 2 of 6

Language

Language is an important factor that could increase your points substantially.

If you did not have the expected score, you should consider studying and retake the test. Any improvement across any of the four abilities (speaking, writing, reading, and listening) may bring a corresponding improvement in CRS ranking.

You will see the most significant improvement when you reach the Canadian Language Benchmark - CLB 9 in all four abilities since it could give you up to 100 extra points in the combination factors. For many people, that is the “make or break” in being able to apply for permanent residence.

Candidates can choose between CELPIP-General or IELTS-General. It is important to remember that a CLB 9 is NOT an IELTS 9. Most candidates forget to use the equivalency table when preparing for the test. To have a CLB 9, you should have an IELTS score 7 in Reading, Writing, and Speaking and 8 in Listening.

Points for 1st Official Language:

Maximum points for each ability (reading, writing, speaking, and listening):

32 with a spouse or common-law partner = max. 128 in total

34 without a spouse or common-law partner = max. 136 in total

Points for 2nd Official Language:

Maximum points for each ability (reading, writing, speaking, and listening):

6 with a spouse or common-law partner = up to a combined maximum of 22 points;

6 without a spouse or common-law partner = up to a combined maximum of 24 points;

You will also get 15 additional points if you scored NCLC 7 or higher on all four French language skills and scored CLB 4 or lower in English (or didn’t take an English test).

And you will get 30 Additional Points if you scored NCLC 7 or higher on all four French language skills and scored CLB 5 or higher on all four English skills.

 

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score – part 1 of 6

How to Improve your Express Entry Comprehensive Ranking System (CRS) Score - part 1 of 6

The Express Entry system manages applications for three immigration programs: the Federal Skilled Worker Class (FSWC), Federal Skilled Trades Class (FSTC), and Canadian Experience Class(CEC).

Express Entry allows the government to select candidates according to a ranking score, using a Comprehensive Ranking System (CRS). Candidates are awarded CRS points differently depending on the immigration program. 

Increasing your points also increases the chances of receiving an Invitation to Apply (ITA) for Canadian permanent residence. The system invites the highest-ranking candidates to apply for permanent residence.

The system awards points for a candidate’s age, level of education, language ability in English and/or French, work experience in Canada, and abroad if the candidate has a job offer in Canada and if a Canadian province has issued him or her a provincial nomination. A candidate could also be awarded points if she or he has a province-recognized certificate of qualification in a trade.

Candidates with an accompanying spouse, common-law or conjugal partner (hereafter ‘spouse’) are awarded points differently. 

Your maximum score in the CRS system is 1200 points.

If you are single, you can get up to 500 points for your human capital factors + 100 points for skills transferability combinations.

If you are married or in a common-law relationship, the main applicant can get up to 460 points, the spouse or common-law up to 40 points + 100 points for skills transferability combinations.

The remaining 600 points are additional points based on a provincial nomination, job offer, education in Canada, siblings living in Canada, and French abilities. 

As nobody is getting younger, how can you increase your CRS scores? We will post a sequence of articles about what you could do to improve your score and increase your chance to receive an invitation to apply for permanent residence.

How to immigrate to Canada through the Federal Skilled Trades (Express Entry) program?

How to immigrate to Canada through the Federal Skilled Trades (Express Entry) program?

Last, but not least, the Federal Skilled Trades Program is the last of the 3 federal programs managed through Express Entry and is for skilled workers who want to become permanent residents based on being qualified in a skilled trade.

To be eligible, you must meet the following minimum requirements:

• Language ability: you must take approved language tests in English or French and get a minimum score of Canadian Language Benchmark (CLB) 5 for speaking and listening, and Canadian Language Benchmark (CLB) 4 for reading and writing.

• Have at least 2 years of full-time work experience (or an equal amount of part-time work experience) in a skilled trade within the 5 years before you apply. Skilled trades for the Federal Skilled Trades Program are organized under these groups of the National Occupational Classification (NOC):

- Major Group 72, industrial, electrical and construction trades
- Major Group 73, maintenance and equipment operation trades
- Major Group 82, supervisors and technical jobs in natural resources, agriculture, and related production
- Major Group 92, processing, manufacturing and utilities supervisors and central control operators
- Minor Group 632, chefs and cooks
- Minor Group 633, butchers and bakers
- The major NOC groups are subdivided into different occupations, and they are all skill type B.

• Meet the job requirements for that skilled trade as set out in the National Occupational Classification, except for needing a certificate of qualification.

• Have a valid job offer of full-time employment for a total period of at least 1 year or a certificate of qualification in that skilled trade issued by a Canadian provincial, territorial or federal authority.

There are no education requirements for the Federal Skilled Trades program, but if you want to improve your score in the Express Entry pool of candidates, you can get extra points for education. That being said, you will need a completed credential and an Educational Credential Assessment report from an approved agency showing that your education is equal to a completed certificate, diploma or degree from a Canadian secondary (high school) or post-secondary school.

Above all, you must be admissible to Canada. If you are inadmissible to Canada, you will not be allowed to come to Canada, even if you qualify for the program.

Also, you must plan to live outside the province of Quebec, but you can get assessed by the province or territory. You will likely have to go to the province or territory to be assessed for your trade. You may also need an employer in Canada to give you experience and training.

The best way is visiting the website of the body that governs trades for the province/territory where you would like to live and work. The process is different depending on where you want to go. Each website has more details about certificates of qualification to work in that province or territory in a specific skilled trade, and what you have to do to get one.

If your trade is not regulated by a province or territory (for example, airplane mechanic), it may be federally regulated. You can find out who regulates your trade by visiting The Canadian Information Centre for International Credentials website here.

To make sure your application is complete and accurate, we always recommend hiring a certified immigration consultant. Good luck!