# spouse open work permit, main applicant may leave Canada



## qt3 (Jan 30, 2013)

hi,
I have been on a spouse open work permit
for a few month which is valid for 2 years. The main applicant may leave Canada
for an oversea contract for several month and may or may not return. I read that:
The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working. 

I am considering my options as I am not sure how my employer will react to the news. How long will a new work permit take if they help me? Can I work while the process is pending. Do i have to leave?
Will they need to get Labour Market Impact Assessment (LMIA)? When I started they didnt need one. 
Without LMIA points I wont qualify for PR so that is likely not an option. 

Thanks for your help.


----------



## WestCoastCanadianGirl (Mar 17, 2012)

You will have to qualify for a visa in your own right if you wish to stay and your spouse departs Canada.

Most likely your employer will require an LMIA if you are applying.

You didn't require one the last time because it was your spouse who qualified for the visa that you are currently on and as the spouse of a visa holder, you were afforded the right to work.


----------



## EVHB (Feb 11, 2008)

overseas contract = you hubby quit of lost his Canadian job, applied for a job with an employer who is not in Canada, and will leave Canada for that job?


----------



## qt3 (Jan 30, 2013)

thanks for the quick reply.
How can I find out if i qualify? How long will it take?
What happens in the transition period?


----------



## qt3 (Jan 30, 2013)

I went back to recalculate my PR points and i get some 432 if i say yes to
"In addition to the certificate selected above, have you completed a 2nd post-secondary diploma/certificate?" Its a fairly unclear question. I got separate 2 bachelors and a masters.
Still all depends on luck if the score will go as low as 432 any time soon.


----------



## qt3 (Jan 30, 2013)

Can i legally stay in Canada (and not work) when the work permit becomes invalid?
I dont have a visa now as I am from the EU.


----------



## WestCoastCanadianGirl (Mar 17, 2012)

You must leave or risk being forcibly removed as a overstayer. 

Being from the EU affords you no special privileges in Canada... Canada _is *not*_ part of the EU.


----------



## WestCoastCanadianGirl (Mar 17, 2012)

qt3 said:


> I went back to recalculate my PR points and i get some 432 if i say yes to
> "In addition to the certificate selected above, have you completed a 2nd post-secondary diploma/certificate?" It's a fairly unclear question. I got separate 2 bachelors and a masters.
> Still all depends on luck if the score will go as low as 432 any time soon.


I think it's highly doubtful that it will go lower than 450 let alone 400... the lowest it's been so far is 453.

Even if it did get to 431 and you had entered your name into the pool, there is no guarantee that you and everyone who meets the ranking will receive an ITA, as there are only a set number of spots available in any given draw and the CIC offers them to the people _with the *highest* ranking_ first, so if there are 2000 eligible and only 1200 spots available, the top 1200 will receive an ITA while the bottom 800 will not.


----------



## EVHB (Feb 11, 2008)

You're Austrian? You can leave the country, and come back as a visitor. You can stay for 6 months but are not allowed to work or study. They may ask to show the funds you have (to make sure you don't have to work) and for your travel plans, as they can see that you recently were in the country and working. They may also decide not to let you in, but you will only find out at the border if that is the case.

http://www.cic.gc.ca/english/visit/visas.asp?country=Austria


----------



## qt3 (Jan 30, 2013)

I would rather not find out at the border, do i need to change my status or something?


----------

