Please help! Transition from PGWP to SOWP if spouse starts study

[bluefish24]

Hello everyone,
I’m on a PGWP and my spouse is with me in Canada with an SOWP. We’re both working. Our work permit will expire next year and my spouse wants to study a full time program in Canada after that.

My spouse hasn’t studied in Canada before so I think they will be able to get their own PGWP after graduation. And I’m hoping to get the spousal OWP at the same time their Study permit granted, to continue working and support their study cost.

But I have a concern about the transition time from my PGWP to SOWP in this case. Our current work permits both expire end of June 2024, the full time program will start in September 2024. Will I need to stop working in the duration between June 2024 and Sept 2024, and only resume working when my spouse official starts the study? What the process should I expect here?

I tried to search up information on this particular case but haven’t got any luck yet. So I would appreciate if anyone can share your experience or any lead on this whole process. Please help! I would really appreciate any input. Thank you!!

 

[Naturgrl]

Hello everyone,
I’m on a PGWP and my spouse is with me in Canada with an SOWP. We’re both working. Our work permit will expire next year and my spouse wants to study a full time program in Canada after that.

My spouse hasn’t studied in Canada before so I think they will be able to get their own PGWP after graduation. And I’m hoping to get the spousal OWP at the same time their Study permit granted, to continue working and support their study cost.

But I have a concern about the transition time from my PGWP to SOWP in this case. Our current work permits both expire end of June 2024, the full time program will start in September 2024. Will I need to stop working in the duration between June 2024 and Sept 2024, and only resume working when my spouse official starts the study? What the process should I expect here?

I tried to search up information on this particular case but haven’t got any luck yet. So I would appreciate if anyone can share your experience or any lead on this whole process. Please help! I would really appreciate any input. Thank you!!

You are not eligible for an SOWP if your spouse begins to study. Canada changed the rules a few years ago. This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. So you are considered the principal status holder, so if your spouse begins to study you cannot get SOWP.

 

[bluefish24]

You are not eligible for an SOWP if your spouse begins to study. Canada changed the rules a few years ago. This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. So you are considered the principal status holder, so if your spouse begins to study you cannot get SOWP.

Could you point me to an official source on this, please?! This is seriously a new thing I was not aware of before. I have consulted with an RCIC and they didn’t mention this at all :/

 

[Naturgrl]

Could you point me to an official source on this, please?! This is seriously a new thing I was not aware of before. I have consulted with an RCIC and they didn’t mention this at all :/

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c42.html

This has been in place since at least 2021, and if your consultant doesn’t know about it then fire him/her. There are so many law and university articles on it too.

You will remain the principal foreign applicant for future applications to Immigration, Refugees and Citizenship Canada (IRCC).

https://www.sterlinglexicon.com/resources/canada-tightens-requirements-for-foreign-national-spousal-open-work-permit-applications

https://onepacificimmigration.com/en-CA/2021/11/18/changes-to-spousal-open-work-permit/

 

[bluefish24]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c42.html

This has been in place since at least 2021, and if your consultant doesn’t know about it then fire him/her. There are so many law and university articles on it too.

You will remain the principal foreign applicant for future applications to Immigration, Refugees and Citizenship Canada (IRCC).

https://www.sterlinglexicon.com/resources/canada-tightens-requirements-for-foreign-national-spousal-open-work-permit-applications

https://onepacificimmigration.com/en-CA/2021/11/18/changes-to-spousal-open-work-permit/

Thank you so much! I think you already saved us so much time (and money) with this info!

It is wild that I talked to not 1 but 2 RCICs and none of them mentioned this principal foreign national(PFN) rule :/

So I want to continue to stay in Canada but my EE score is not high enough. Without the possibility of a SOWP, I’m thinking of these options:

1. I find a LMIA employer, I get the CWP and my spouse gets SOWP, we continue working and wait for EE

2. My spouse is looking to get a job in tech in BC to apply for BC PNP. Can he be the principal applicant in this PNP process? And if he can get the nomination and get the Bridge OWP while waiting for PR, can I also apply for SOWP along with him in this case? Do you know if the PFN rule still apply here?

Do you mind giving some advice on these options please? Thank you!

 

[Naturgrl]

Thank you so much! I think you already saved us so much time (and money) with this info!

It is wild that I talked to not 1 but 2 RCICs and none of them mentioned this principal foreign national(PFN) rule :/

So I want to continue to stay in Canada but my EE score is not high enough. Without the possibility of a SOWP, I’m thinking of these options:

1. I find a LMIA employer, I get the CWP and my spouse gets SOWP, we continue working and wait for EE

2. My spouse is looking to get a job in tech in BC to apply for BC PNP. Can he be the principal applicant in this PNP process? And if he can get the nomination and get the Bridge OWP while waiting for PR, can I also apply for SOWP along with him in this case? Do you know if the PFN rule still apply here?

Do you mind giving some advice on these options please? Thank you!

Your spouse can be principal applicant. The company must be eligible for PNP program and willing to support nomination. Don’t know if you are eligible for BOWP.

 

[powereng1982]

You are not eligible for an SOWP if your spouse begins to study. Canada changed the rules a few years ago. This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. So you are considered the principal status holder, so if your spouse begins to study you cannot get SOWP.

Where does it say that once you are SOWP holder, you cannot become a student as principle applicant in future? I assume you have added "You will remain the principal foreign applicant for future applications " by yourself and not from IRCC


It simply says that principle applicant (one with a study permit) cannot quite his/her studies to get a SOWP based on his/her spouse's current SOWP. However, if the spouse gets enrolled for a study program, and applies and gets his/her own study permit, then he automatically becomes a principle applicant.

 

[powereng1982]

Hello everyone,
I’m on a PGWP and my spouse is with me in Canada with an SOWP. We’re both working. Our work permit will expire next year and my spouse wants to study a full time program in Canada after that.

My spouse hasn’t studied in Canada before so I think they will be able to get their own PGWP after graduation. And I’m hoping to get the spousal OWP at the same time their Study permit granted, to continue working and support their study cost.

But I have a concern about the transition time from my PGWP to SOWP in this case. Our current work permits both expire end of June 2024, the full time program will start in September 2024. Will I need to stop working in the duration between June 2024 and Sept 2024, and only resume working when my spouse official starts the study? What the process should I expect here?

I tried to search up information on this particular case but haven’t got any luck yet. So I would appreciate if anyone can share your experience or any lead on this whole process. Please help! I would really appreciate any input. Thank you!!

While it is very tough to get the study permit approved for your spouse while you guys are stil staying in Canada. However, if approved, then yes, you shoud be able to live and continue working as per your plans. However, yes, you need to stop working in the duration between June 2024 and Sept 2024, You can apply and prolong your stay in Canada as a visitor

 

[scylla]

Where does it say that once you are SOWP holder, you cannot become a student as principle applicant in future? I assume you have added "You will remain the principal foreign applicant for future applications " by yourself and not from IRCC


It simply says that principle applicant (one with a study permit) cannot quite his/her studies to get a SOWP based on his/her spouse's current SOWP. However, if the spouse gets enrolled for a study program, and applies and gets his/her own study permit, then he automatically becomes a principle applicant.

The spouse on the SOWP can certainly switch to a study permit. However their spouse (formerly on a study permit / PGWP) will not qualify for a SOWP.

 

[Tofebi]

I have a similar situation, I would love guidance please.
Difference is my partner was never my dependent. I currently have a PGWP but he’s coming as a masters student, in this case can I apply for SOWP?

 

[powereng1982]

The spouse on the SOWP can certainly switch to a study permit. However their spouse (formerly on a study permit / PGWP) will not qualify for a SOWP.

For my understading and knowledge, could you please tell me where did IRCC mention this "formerly on a study permit / PGWP) will not qualify for a SOWP"?

The principal foreign national cannot obtain a spousal open work permit under the C41, C42, C47 or C49 administrative codes based on the dependent spouse’s spousal open work permit and TEER category.

The above statement is very simple and clear but it applies just on the current situation of study permit holder. For example, person A is on study pemit and person B (spouse of A) is on spouse’s C42 open work permit. Person B got a job and becomes a worker. Now based on Person B's job, Person A cannot apply for a C41 open work permit. Because C41 is issued to spouses of workers on work permit holders (LMIA/PGWP holders) but not wokers on SOWP. That's it

 

[Tofebi]

For my understading and knowledge, could you please tell me where did IRCC mention this "formerly on a study permit / PGWP) will not qualify for a SOWP"?

The principal foreign national cannot obtain a spousal open work permit under the C41, C42, C47 or C49 administrative codes based on the dependent spouse’s spousal open work permit and TEER category.

The above statement is very simple and clear but it applies just on the current situation of study permit holder. For example, person A is on study pemit and person B (spouse of A) is on spouse’s C42 open work permit. Person B got a job and becomes a worker. Now based on Person B's job, Person A cannot apply for a C41 open work permit. Because C41 is issued to spouses of workers on work permit holders (LMIA/PGWP holders) but not wokers on SOWP. That's it

Hello, what about 2people that are just getting married?
in this case, the wife is on PGWP (expiring next year), the husband is on Study permit (till 2025). Does the Principal Foreign National still count?

 

[powereng1982]

Hello, what about 2people that are just getting married?
in this case, the wife is on PGWP (expiring next year), the husband is on Study permit (till 2025). Does the Principal Foreign National still count?

In this case, both persons should be treated as Principal Foreign National

 

[Tofebi]

In this case, both persons should be treated as Principal Foreign National

So neither of them can get SOWP. Even though they never had dependents on their initial permits?

 

[Tofebi]

So neither of them can get SOWP. Even though they never had dependents on their initial permits?

I have tried searching but I don’t see a provision for this scenerio!