To be eligible for an open work permit under the pilot, you must be living in Canada and be sponsored under the spouse or common-law partner in Canada class by your spouse or partner. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

Extension of this pilot project is a recognition that families’ integration outcomes are improved when applicants are able to work, provide for their families and contribute to the Canadian economy while waiting for their applications for permanent residence to be processed.

If you are submitting a new application, you may submit an application for work permit together with the sponsorship application, along with an application for permanent residence.

If you have already submitted an application for permanent residence but have not yet applied for an open work permit, you can submit application for work permit separately, along with appropriate fees.

If you were provided with a work permit under the initial pilot, you must apply for a work permit extension before your status in Canada lapses.

The post Work Permit Pilot Extended for in-Canada Family Class Spouses and Common-Law Partners first appeared on Bellissimo Law Group.

Temporary resident Applicants

Candidates who wish to work for themselves in Canada or to operate their own business on a temporary basis must show their business would generate “significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents”.  Benefits that accrue to Canadian clients of a self-employed workers may also be considered.

Eventual Permanent Resident Applicants

Candidates who have been approved or are pending business nominations from a provincial or territorial government or self-employed candidates waiting on permanent residence are also eligible for significant benefit work permits. Quebec-destined entrepreneurs or self-employed persons issued a Quebec Selection Certificate are also eligible.

How is “Significant benefit” Defined

Significant benefit in the context of entrepreneurs and self-employed persons is generally defined through the following assessment:

• Is the work likely to create a viable business that will benefit Canadian or permanent resident workers or provide economic stimulus? General economic stimulus (such as job creation, development in a regional or remote setting or expansion of export markets for Canadian products and services) will be considered.
• Advancement of the Canadian industry (such as technological development, product or service innovation or differentiation or opportunities for improving the skills of Canadians).
• Does the applicant have a particular background or skills that will improve the viability of the business?
• Is there a business plan that clearly shows that the applicant has taken steps to initiate their business?
• Has the applicant taken some measure to put the business plan in action (showing evidence of having the financial ability to begin the business and pay expenditures, renting space, having a staffing plan, obtaining a business number, showing ownership documents or agreements, etc.)?

Ownership Requirement:

The issuance of work permits under this category is generally considered when applicants own 50% or more of the business. Ownership of less than 50% can be considered in exceptional circumstances. Note that candidates under this work permit category must also process and register their position online through their employer portal and pay the employer compliance fee to qualify.

Duration:

Initial work permits can be issued for a period of two years and extensions are possible only if permanent residence applications are in process or in other exceptional circumstances.

If you would like more information about the significant benefit work permit category, please contact us today.

(Sources)

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