When a reply isn't a reply at all

Dear Carey Toane,

I am replying to your e-mail of February 23, 2008, addressed to the Minister of Citizenship and Immigration, concerning open work permits for spouses of Canadian Citizens.

As you know, an applicant in the Spouse or Common-law Partner in Canada Class is not eligible to apply for a work permit until he or she has received notification that his or her application has been approved in principle. This restriction is supported by the Immigration and Refugee
Protection Act and Regulations (IRPA).

Pursuant to sub-section 207 of IRPA, a work permit may be issued to a foreign national in Canada who is a member of the Spouse or Common-law Partner in-Canada Class. Given that it is permissible to issue a work permit only to a member of this class, Section 124 of the Regulations state which foreign nationals may be considered to be a member of this
class. This regulation states that a member: must be a spouse or common-law partner of a sponsor and cohabit will that sponsor in Canada, must have temporary resident status in Canada and, must be the subject of a sponsorship application.

In order to determine whether or not an applicant is a member of the Spouse or Common-law Partner in-Canada Class, officials at the Case Processing Centre in Vegreville, Alberta must examine those three elements. The mere fact of making an application in this class does not
make someone a member of the class. This determination can only be made by Citizenship and Immigration Canada (CIC) after officials have verified the status of the applicant, including verification of his or her marital status and the bona fides of the relationship.

This requirement is in place in order to protect the integrity of both the Spouse or Common-law Partner Program and the Temporary Foreign Worker Program. If the mere fact that an application had been made in Canada could entitle a person to a work permit, this might lead to abuse of the system. It would allow applicants to "self-select" as temporary
workers simply by filing an application as a sponsored spouse or partner.

Canada permits the recruitment of foreign workers with skills that are in short supply in Canada only when such employment will not adversely affect the employment or career opportunities of Canadian citizens and permanent residents. This policy also recognizes that the admission of such workers to Canada helps create or maintain employment for Canadian
citizens and permanent residents, provides training or the transfer of specialized knowledge to the domestic work force, and helps strengthen a company's competitive position in the international marketplace.

In most cases, foreign nationals wishing to work in Canada must have confirmation of the job offer (positive labour market opinion) from Human Resources and Social Development Canada (HRSDC). HRSDC plays an important role in evaluating the need for foreign workers by assisting employers in their human resources planning, including determining if and when foreign workers are required. HRSDC assesses the employer's efforts to consider Canadian workers and the adequacy of compensation offered. It considers the adverse labour market effects of hiring a foreign worker. Employers applying for confirmations of job offers are
also encouraged to adopt strategies for training and hiring Canadian workers.

It takes time to process immigration applications. Priority is given to spouses, common-law or conjugal partners, and dependent children, together with Convention refugees seeking resettlement in Canada. Family class applications constitute the majority of immigrant
applications in many of our visa offices. This, coupled with the fact that visa officers continue to receive a high volume of applications in other categories, may result in temporary backlogs in some categories.

The Department is actively pursuing both administrative and potential legislative and regulatory tools to improve inventory management.

It is always in the client's best interests to apply abroad in the prescribed manner, if possible. There are distinct disadvantages to applying from within Canada, including noticeably longer processing times, lack of status, inability to work and ineligibility for provincial health insurance coverage. The immigration offices in Canada were originally created to deal with genuine visitors and persons in the enforcement stream; visa offices are responsible for selecting immigrants and issuing temporary resident visas.

When your husband's application for permanent residence is assessed and receives approval in principle, he can apply from within Canada for an open work permit. Until that time, if he wishes to work in Canada, he is required to follow the normal process: obtain a job offer
confirmation by Human Resources and Social Development Canada and apply for a work permit at a visa office. For more details on the work permit process, please visit our Web site at www.cic.gc.ca, or contact our Call Centre at 1-888-242-2100.

Thank you for taking to write. I trust that you will find this information of assistance.

This electronic address is not available for reply.