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Open Work permit and post graduation work permit

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Zara12371

Member
Oct 26, 2022
13
2
I have applied for study permit extension and Spousal Open Work Peemit at the same time. I got both approved after long time at which I graduated. I still wish to bring my wife but at the same time i need to travel back home and come with her as it is her first time traveling.



the questions are:

Can she come and get the work permit on her visa?



if I applied for post graduation work permit what will happen ?



what is the best scenario here?





















































applied



































































































I have
 
Z

Zara12371

Member
Oct 26, 2022
13
2
Naturgrl said:
So you have a TRV (not study extension/work permit)? If so what is your issue?
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Ok let me explain. She got the visa based on my situation as a student. But I graduated when she recieved the decision and I need to apply for post graduation work permit before she enter canada as I need to start working.
The issue is that on the airport will they let us enter when I am waiting for a post graduation work permit and will the allow her to obtain the work permit as I already graduated
 
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Naturgrl

VIP Member
Apr 5, 2020
44,876
9,501
Zara12371 said:
Ok let me explain. She got the visa based on my situation as a student. But I graduated when she recieved the decision and I need to apply for post graduation work permit before she enter canada as I need to start working.
The issue is that on the airport will they let us enter when I am waiting for a post graduation work permit and will the allow her to obtain the work permit as I already graduated
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I understand. My question is do you have a visitor visa/TRV to enter Canada? If she has her SOWP that is valid for 2 years then it will be issued at the airport. Will CBSA ask for proof of skilled employment…maybe.
 
Z

Zara12371

Member
Oct 26, 2022
13
2
Thank you. FYI, the law also changed , you don't need proof of skilled worker by Feb1st the contract not necessarily to be skilled type
 
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Naturgrl

VIP Member
Apr 5, 2020
44,876
9,501
Zara12371 said:
Thank you. FYI, the law also changed , you don't need proof of skilled worker by Feb1st the contract not necessarily to be skilled type
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No the law didn’t change. It is being phased in over two years. Phase one started February 1 for high skilled workers. You need to prove you have a job. But you said she has an approved SOWP so not an issue. When does her SOWP expire? And you have a TRV to enter Canada.

PhaseEffective Date
Phase 1 – allows family members of employees who come to Canada to apply for an open work visa through the high-wage stream of the Temporary Foreign Worker Program or the International Mobility Program.January 30, 2023
Phase 2 – Following consultations, the legislation will be expanded to include family members of employees from the low-wage stream of the Temporary Foreign Worker Program.To be decided
Phase 3 – Consultation with agricultural partners and stakeholders will be conducted to examine the practical viability of expanding the measure to cover family members of agricultural employees.To be decided

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children.html
 
C

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
Zara12371 said:
Thanks a lot, it expires in 2025 , both visas
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Did you apply to attend another program with your study permit extension? If so and you are no longer attending the additional program and applying for PGWP instead her SOWP is not valid. She will have to apply for an SOWP one you gave employment in N0C 0, A o B with your PGWP.
 
S

sam.devilz19

Hero Member
Nov 7, 2017
390
134
St. John's, NL, Canada
Zara12371 said:
I was thinking of attending New program to start , I have an offer but now I decided to apply for pgwp
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Did you mention in your Study Permit extension about intentions to attend a new program upon completing your existing program? If so, it wouldn't be a problem for her to come on the existing SOWP she has been issued. If not, you might have to update IRCC about changes in the Program of Study or DLI. Please review this: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/change-schools.html.

To go outside of Canada and re-enter, you need a Temporary Resident Visa (TRV), which is given to you along with your initial study permit. In most cases, the expiration of your Study Permit and TRV are the same as when you first get your Study Permit. Assuming your Study Permit expired and then you applied for an extension, your TRV is probably invalid. You might need to apply for a TRV before you travel outside of Canada and renter.

If you decided to go the PGWP route instead of studies, I'm afraid your spouse will need another SOWP approved based on your PGWP approval.
 
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