Converting my spouse’s study permit to open work permit.

[Tahmido]

Hello everyone,
So I am an international student doing a program from which I will graduate in April 2022. My study permit is valid till July 2022.

My spouse will graduate from a Masters program this September (her study permit expires this December 2021, she is planning to apply for PHD this December 2021 if she is accepted it will be in January 2022 she will get to know and her program starts in September 2022.

So, given the situation I was thinking she could apply for a spouse visa (open work permit) for the period from December to Jul

1)Now I am seeking advice, whether that’s the right way to go or is there another way for her to stay in Canada for that period.

2)if spouse visa is applied does she need to go back to our home country or she can stay here and apply?

Thank you!

 

[canuck78]

Hello everyone,
So I am an international student doing a program from which I will graduate in April 2022. My study permit is valid till July 2022.

My spouse will graduate from a Masters program this September (her study permit expires this December 2021, she is planning to apply for PHD this December 2021 if she is accepted it will be in January 2022 she will get to know and her program starts in September 2022.

So, given the situation I was thinking she could apply for a spouse visa (open work permit) for the period from December to Jul

1)Now I am seeking advice, whether that’s the right way to go or is there another way for her to stay in Canada for that period.

2)if spouse visa is applied does she need to go back to our home country or she can stay here and apply?

Thank you!

Will be tough but you can attempt because you need more than 6 months left on your studies to be approved for the SOWP.

 

[Tahmido]

Will be tough but you can attempt because you need more than 6 months left on your studies to be approved for the SOWP.

thanks canuck78 .My program will start this September so I think I am good?
but can she apply from here in Canada or she has to go back and re-enter?

Cheers!

 

[canuck78]

thanks canuck78 .My program will start this September so I think I am good?
but can she apply from here in Canada or she has to go back and re-enter?

Cheers!

If she applies in September and it takes many months you won’t have enough time to have 6 months to get an SOWP if you graduate in April 2022 but you should certainly try. Sometimes there is flexibility or maybe processing times will be considered.

 

[Tahmido]

thanks canuck78 .My program will start this September so I think I am good?
but can she apply from here in Canada or she has to go back and re-enter?

Cheers!

If she applies in September and it takes many months you won’t have enough time to have 6 months to get an SOWP if you graduate in April 2022 but you should certainly try. Sometimes there is flexibility or maybe processing times will be considered.

you mean if it takes many months for the decision/permit to come?
Thanks

 

[canuck78]

you mean if it takes many months for the decision/permit to come?
Thanks

Yes. There are huge backlogs although it has often taken months prepandemic

 

[Odi236]

Hello everyone,
So I am an international student doing a program from which I will graduate in April 2022. My study permit is valid till July 2022.

My spouse will graduate from a Masters program this September (her study permit expires this December 2021, she is planning to apply for PHD this December 2021 if she is accepted it will be in January 2022 she will get to know and her program starts in September 2022.

So, given the situation I was thinking she could apply for a spouse visa (open work permit) for the period from December to Jul

1)Now I am seeking advice, whether that’s the right way to go or is there another way for her to stay in Canada for that period.

2)if spouse visa is applied does she need to go back to our home country or she can stay here and apply?

Thank you!

Hello Tahmido,
I’m kind of in a similar situation. How did you case go? Did your wife apply and did she get it. I came into Canada as a student and my husband is also studying as well and I want to convert to a SWOP.

 

[scylla]

Hello Tahmido,
I’m kind of in a similar situation. How did you case go? Did your wife apply and did she get it. I came into Canada as a student and my husband is also studying as well and I want to convert to a SWOP.

If you obtained your study permit first, then technically you fall under the foreign principal national rule and do not qualify for a SOWP. You can try applying but should expect a refusal unless IRCC makes a mistake or oversight.

 

[jdoe28015]

If you obtained your study permit first, then technically you fall under the foreign principal national rule and do not qualify for a SOWP. You can try applying but should expect a refusal unless IRCC makes a mistake or oversight.

Hi, could you explain the foreign principal national rule a bit more? I have a friend in a similar situation. She came to Canada this year on a study permit. Her husband was on a study permit in 2020 but now on a PGWP. She wants to convert to a SOWP due to some personal circumstance but they would prefer to not loose her student status if the chances of being successful is slim. What do you think?

 

[canuck78]

Hi, could you explain the foreign principal national rule a bit more? I have a friend in a similar situation. She came to Canada this year on a study permit. Her husband was on a study permit in 2020 but now on a PGWP. She wants to convert to a SOWP due to some personal circumstance but they would prefer to not loose her student status if the chances of being successful is slim. What do you think?

Is she currently studying full-time? When did they get married? When does the PGWP end?

 

[jdoe28015]

Is she currently studying full-time? When did they get married? When does the PGWP end?

She is currently studying full time.
They got married this March but they have been engaged for a while now and have been together for 3/4 years now. The PGWP expires in 2024 due to passport expiry but they would extend it and should get it extended until mid 2026 (3 years PGWP).

 

[canuck78]

She is currently studying full time.
They got married this March but they have been engaged for a while now and have been together for 3/4 years now. The PGWP expires in 2024 due to passport expiry but they would extend it and should get it extended until mid 2026 (3 years PGWP).

Together for 3/4 years but he has been in Canada. How much time in person have they spent together? was their entire relationship long distance? When did she arrive in Canada and did they start living together right away? What kind of wedding did they have? Any family attend? Does the type of wedding follow typical cultural practice? Was this an arranged married? Is this a more Western relationship where they were able to date, live together before marriage, travel, etc.? Will this be the only wedding they have or is this solely for immigration purposes and another true wedding for family and friends later on? What are the personal circumstances?

 

[anushav]

Hello everyone,
So I am an international student doing a program from which I will graduate in April 2022. My study permit is valid till July 2022.

My spouse will graduate from a Masters program this September (her study permit expires this December 2021, she is planning to apply for PHD this December 2021 if she is accepted it will be in January 2022 she will get to know and her program starts in September 2022.

So, given the situation I was thinking she could apply for a spouse visa (open work permit) for the period from December to Jul

1)Now I am seeking advice, whether that’s the right way to go or is there another way for her to stay in Canada for that period.

2)if spouse visa is applied does she need to go back to our home country or she can stay here and apply?

Thank you!

Hello Tahmido,
I’m kind of in a similar situation. How did your case go? Did your wife apply, and did she get it? I came to Canada as a student and my husband is also studying as well. My husband's study will be done this month and I am going for a second-year course. Is he eligible to apply for SOWP as his current status is a study permit?

 

[canuck78]

Hello Tahmido,
I’m kind of in a similar situation. How did your case go? Did your wife apply, and did she get it? I came to Canada as a student and my husband is also studying as well. My husband's study will be done this month and I am going for a second-year course. Is he eligible to apply for SOWP as his current status is a study permit?

You need to be posting in the international student section. Family sponsorship is for spouses of PRs or citizens.

 

[Tofebi]

Did anyone get ahead of this situation? How did it go? Im in the same boat