From PGWP - to SOWP?

[Hicks25]

Hello everyone!

My PGWP is expiring January 2023, in order to stay we decided to apply for SP for my spouse. currently she is on TRV here.
We want to apply to college and for her SP + me as SOWP+ SP for the child.

What are the conditions to apply from PGWP to SOWP? do I need paystubs? does my work needed to be in any specific NOC?

Thank you all.

 

[Hicks25]

Hi,

1. CONDITIONS:
Who can get a work permit as the spouse or common-law partner of a student?
Your spouse or common-law partner may be eligible for an open work permit if you:

• have a valid study permit
• are eligible for a post-graduation work permit (PGWP) and
• are a full-time student at one of these types of schools:
  • a public post-secondary school, such as a college or university, or CEGEP in Quebec
  • a private college-level school in Quebec
  • a Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree)

2. You DON'T need to show Paystubs, nor does your partner. Though, your partner needs to show it has enough funds to cover tuition, and cost of living of all the applicants.

3. NO specific NOC. You don't even need a job, or a job offer.

Thank you so much for your answer.
Can I apply for SOWP at the same time with application for my wife's Study permit? Or we need first apply for my spouse SP and after she gets approval I can apply for SOWP?

 

[Hicks25]

Thank you so much!

 

[Hicks25]

You can apply at the same time, no need to wait until your partner receives approval.

And final question please, if I applied for SOWP from PGWP can I work until decision made ? will it be considered as Implied status?
Thanks!

 

[scylla]

Hello everyone!

My PGWP is expiring January 2023, in order to stay we decided to apply for SP for my spouse. currently she is on TRV here.
We want to apply to college and for her SP + me as SOWP+ SP for the child.

What are the conditions to apply from PGWP to SOWP? do I need paystubs? does my work needed to be in any specific NOC?

Thank you all.

This isn't going to work. You won't qualify for a SOWP. IRCC changed the rules a while back and these new rules prevent you from qualifying for a SOWP based on your spouse obtaining a study permit. You can read about this here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

You will be classifed as the principal foreign national.

 

[scylla]

Hi,

1. CONDITIONS:
Who can get a work permit as the spouse or common-law partner of a student?
Your spouse or common-law partner may be eligible for an open work permit if you:

• have a valid study permit
• are eligible for a post-graduation work permit (PGWP) and
• are a full-time student at one of these types of schools:
  • a public post-secondary school, such as a college or university, or CEGEP in Quebec
  • a private college-level school in Quebec
  • a Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree)

2. You DON'T need to show Paystubs, nor does your partner. Though, your partner needs to show it has enough funds to cover tuition, and cost of living of all the applicants.

3. NO specific NOC. You don't even need a job, or a job offer.

OP doesn't qualify for a SOWP based on the principal foreign national rule. Won't work unfortunately.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

 

[YVR123]

Hello everyone!

My PGWP is expiring January 2023, in order to stay we decided to apply for SP for my spouse. currently she is on TRV here.
We want to apply to college and for her SP + me as SOWP+ SP for the child.

What are the conditions to apply from PGWP to SOWP? do I need paystubs? does my work needed to be in any specific NOC?

Thank you all.

No you cannot. IRCC is closing off this loophole of couples switching between study permits and SOWPs to keep staying and working in Canada.

Copied from the link that scylla posted:
Who are principal foreign nationals
The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraph R186(w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the C41 or C42 category based on the dependent spouse’s spousal open work permit.

For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under LMIA exemption code C42 for spouses of study permit holders, the study permit holder can not quit schooling and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment in a NOC 0, A or B occupation.

 

[Naturgrl]

OP isn’t eligible under new public policy since he is the primary applicant or Principal Foreign National (PFN). The policy was to stop couples from “flip-flopping” between study permit, PGWP, SOWP. His wife can study but he is not eligible to work.

 

[nickgrizzly]

OP isn’t eligible under new public policy since he is the primary applicant or Principal Foreign National (PFN). The policy was to stop couples from “flip-flopping” between study permit, PGWP, SOWP. His wife can study but he is not eligible to work.

OP doesn't qualify for a SOWP based on the principal foreign national rule. Won't work unfortunately.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

I wasn't aware of this. I've deleted my reply

 

[scylla]

I wasn't aware of this. I've deleted my reply

It's a fairly new rule. I think lots of people aren't aware yet that this loophole has been closed.

 

[Hicks25]

It is shocking news, guys what options do I have?

 

[scylla]

It is shocking news, guys what options do I have?

- Find an employer who is willing to give you a job offer and approved LMIA so that you can switch to a closed work permit (maybe your current employer is willing to do this?).
- Manage to qualify and be selected for PR (e.g. receive ITA) and submit your complete application before your PGWP expires so that you can qualify for a BOWP.

Those are the two main options from my perspective.

 

[Hicks25]

How can we stay here? no any options left?

 

[scylla]

How can we stay here? no any options left?

See my post above.

 

[Naturgrl]

How can we stay here? no any options left?

As @scylla posted - LMIA, Express Entry or PNP. What is your CRS score, NOC and where do you live now?