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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am an American on a 2 year study permit going to an accredited

Customer Question

I am an American on a 2 year study permit going to an accredited Canadian university starting next week. I am already in Canada. My wife is Japanese. She lives in Japan. She has applied online to get a work permit which goes though the embassy in Manila and takes up to 5 months to process. Is that necessary or can she simply come over next week, prove we're married and show that I'm a full time student in a Canadian university, provide the work permit paperwork and get permission at the border? If she can just come over and do it at her point of entry then we'd rather do that than wait another 4 months. Also, she does not hold a US green card or visa of any type.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

You can apply for a change of status and add your wife to your study permit.

But when she comes to Canada she can then get an open work permit because she will be on your study permit.

If you start reading here you will find all the information you need including the forms:

http://www.cic.gc.ca/english/study/work-spouse.asp
Let me know if you need any further clarification.
Customer: replied 1 year ago.

I have already been to this site. I am looking to know if under the circumstances that I have described if it is possible for my wife to apply for a work permit at the point of entry in to Canada because I am a full time student in an accredited Canadian university or if she needs to wait the 5 months for the Manila office that takes care of Japan. Her situation is different I feel because she is not simply applying for a work visa but coming to live with me who already has a study permit. If there is no need for her to wait and she can simply apply at the boarder when she arrives then we will do that.

Expert:  Legal Ease replied 1 year ago.
She cannot likely get the open work permit at the border.

What I am saying is that she doesn't apply for the permit in the ordinary way.

She is supposed to come as part of your study permit.

Once that is authorized she comes to Canada and then applies for the permit, usually within Canada.

They may grant her the permit at the border as well.

But she does not wait for a work permit for the 5 months.

She can come as soon as she is included as part of your study permit.
Customer: replied 1 year ago.

Ok, that clears that up. The last part is because I have already arrived and she is still abroad I will not be accompanying her in the airport. Should that matter if she can show we are married and I have a study permit? I mean, do I have to accompany her? I'm already here with a valid study permit so that doesn't seem like an option. The option you are suggesting is that she applies for the work permit after she arrives to visit? Am I to understand the process for her is to get a visitor visa at the airport and apply to change it to a work permit after she arrives? You mentioned that she doesn't have to apply for the permit the ordinary way and I guess I didn't understand what that meant exactly.

Expert:  Legal Ease replied 1 year ago.
You don't have to accompany her. It's fine you are already here.

She doesn't need a visitor's visa.

She should show that she is on your study permit. When you get that approval from Canada Immigration she arrives showing that.

She doesn't need to get a labour market opinion or anything like that.

Once she is here she applies for an open work permit and can work for whomever she wishes once she gets that.
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Category: Canada Law
Satisfied Customers: 87644
Experience: Lawyer
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Expert:  Legal Ease replied 1 year ago.

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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