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Spouse Visa Application under LMIA Exemption Codes:
If you’re applying for a Spouse Visa to Canada under specific LMIA (Labour Market Impact Assessment) exemption codes here’s a concise guide on what you need to do and why it’s essential to engage an experienced Canadian Immigration Lawyer (Barrister) and law firm.
Steps for Spouse Visa Application
1. Understand LMIA Exemption Codes:
Understanding the Labour Market Impact Assessment (LMIA) exemption codes is crucial for spouses aiming to work in Canada without the need for an LMIA.
What is an LMIA?
An LMIA is a document that an employer in Canada needs to obtain before hiring a foreign worker. It serves as proof that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do so. However, certain work permit categories are exempt from the LMIA requirement, simplifying the process for eligible applicants.
Spouses or common-law partners of certain temporary foreign workers and international students may be eligible for open work permits under specific LMIA exemption codes. These permits allow spouses to work for any employer in Canada without the employer needing to obtain an LMIA.
- Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – [C41 and C46]
- Family members of work permit holders who are Economic Class permanent resident applicants or were nominated or selected by a province – [C49]
- Spouses and common-law partners of study permit holders – [C42]
Recent Changes Effective from January 21, 2025 (as published by the Immigration, Refugees, and Citizenship Canada at https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html)
As of January 21, 2025, Immigration, Refugees, and Citizenship Canada (IRCC) implemented significant changes to open work permit eligibility for family members of temporary residents. These changes aim to better manage the number of temporary residents in Canada.
1. For Spouses of International Students:
Eligibility Criteria: Spouses are eligible for open work permits only if the international student is enrolled in:
- Master’s programs lasting at least 16 months.
- Doctoral (Ph.D.) programs.
- Specific professional programs such as Doctor of Dental Surgery (DDS, DMD), Bachelor of Law or Juris Doctor (LLB, JD, BCL), Doctor of Medicine (MD), Doctor of Optometry (OD), Pharmacy (PharmD, BS, BSc, BPharm), Doctor of Veterinary Medicine (DVM), Bachelor of Science in Nursing (BScN, BSN), Bachelor of Nursing Science (BNSc), Bachelor of Nursing (BN), Bachelor of Education (BEd), and Bachelor of Engineering (BEng, BE, BASc).
2. For Spouses of Temporary Foreign Workers:
Eligibility Criteria: Spouses are eligible for open work permits if the principal foreign worker:
- Is employed in a high-skilled occupation classified under the Training, Education, Experience, and Responsibilities (TEER) categories 0 or 1.
Examples of TEER 0– Advertising, marketing and public relations managers, Financial managers, etc.
Examples of TEER 1– Financial advisors, Software engineers, etc.
- Is employed in select TEER 2 or 3 occupations experiencing labour shortages in sectors such as natural and applied sciences, construction, health care, natural resources, education, sports, and military.
- Holds a work permit or approval letter valid for at least 16 months after IRCC receives the spouse’s open work permit application.
3. Impact on Dependent Children:
Dependent children of temporary foreign workers and international students are no longer eligible for open work permits.
4. Exceptions:
Spouses of workers covered by free-trade agreements (e.g., Canada-United States-Mexico Agreement) and those transitioning to permanent residence are not impacted by these changes.
2. Confirm Eligibility:
- For the Sponsor: Verify that you meet the requirements of the specific LMIA exemption code under which you’re applying. This includes confirming your current employment status, educational status, or residency status.
- For the Applicant: Ensure that you meet the general requirements for spousal sponsorship, including proof of relationship, admissibility to Canada, and health and security clearances. Prospective applicants should carefully assess their eligibility based on the updated guidelines to ensure compliance and increase the likelihood of a successful application.
3. Prepare the Application:
- Gather Documentation: Collect all necessary documents, such as proof of your relationship (e.g., marriage certificate), proof of your spouse’s employment or study status, and any other relevant documents.
- Complete Forms: Accurately fill out the required application forms for spousal sponsorship and include the appropriate LMIA exemption code documentation.
4. Submit the Response:
- Application Package: Assemble and submit your completed application package to the appropriate immigration office.
- Fee Payment: Pay the required application fees and include proof of payment.
5. Follow Up:
- Respond to Requests: Be prepared to provide additional information or documentation if requested by immigration authorities.
- Monitor Status: Keep track of your application status and respond promptly to any further communication from immigration officials.
Why You Need an Experienced Canadian Immigration Lawyer (Barrister) and Law Firm
Expert Guidance:
- Navigating Complexity: The spousal visa application process, particularly under specific LMIA exemption codes, and the updated guidelines dated January 21, 2025, can be complex. An experienced Immigration Lawyer (Barrister) will guide you through the nuances of these codes and ensure that your application is accurate and complete. Most importantly due to rise in non genuine applicants proving the genuineness.
Legal Expertise:
- Addressing Code-Specific Requirements: Each LMIA exemption code has specific requirements and documentation. An Immigration Lawyer (Barrister) will ensure that you meet all criteria and address any potential issues related to these codes, keeping in mind the updated guidelines dated January 21, 2025.
Documentation Preparation:
- Accurate and Comprehensive: Properly preparing and organizing your documents is crucial. A law firm will assist in ensuring that all documents are correctly prepared and submitted, reducing the risk of delays or rejections.
Representation and Advocacy:
- Effective Communication: An Immigration Lawyer (Barrister) will represent your interests, communicate effectively with immigration authorities, and advocate on your behalf throughout the process.
- Handling Complex Cases: If your case has unique or complicated aspects, legal representation ensures that these are managed effectively.
Increased Success Chances:
- Strategic Approach: With expert legal advice, your application will be strategically prepared to meet all requirements and address any potential concerns, enhancing the likelihood of a successful outcome.
If you’re applying for a Spouse Visa to Canada under LMIA exemption codes, it’s crucial to navigate the application process with precision and expertise, as well as the updated guidelines dated January 21, 2025. Each exemption code has specific requirements that must be met to ensure a smooth and successful application.
Why Choose Our Services:
- Expert Application Preparation: Our experienced Canadian Immigration Lawyer (Barrister) will ensure that your application is meticulously prepared, addressing all requirements related to your specific LMIA exemption code, keeping in mind the updated guidelines, i.e., Changes to open work permits for family members of temporary residents, dated January 21, 2025.
- Strategic Legal Advice: We provide strategic guidance to effectively navigate the complexities of your spousal visa application, increasing your chances of approval.
- Professional Representation: With our law firm’s representation, you’ll benefit from effective communication with immigration authorities and expert advocacy throughout the application process.
- Federal Court Challenge: If your application is wrongly refused Mr. Fateh can challenge your refusal in the Federal Court of Canada.
Let us handle the intricacies of your Spouse Visa application so you can focus on your future together. If you know someone else who could benefit from our services, we would be honored to assist them as well. Trust our expertise to help you achieve your immigration goals and bring you and your spouse closer to a new chapter in Canada.
See our videos regarding the Spouse Visa, where we proudly share the voices of those who have experienced firsthand the dedication and expertise of our law firm.
In these videos, you’ll hear directly from our clients about their journey with us, highlighting our services and the positive outcomes we have achieved together.
why choose us
10+ Years of Litigation Experience
Hight success rate/Complex Cases
India Office/Barrister Presence
Let's win together
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