Can anyone help me about Spouse open work permit?

[rvndrsingh0786]

Hello Mr. Everyone,
I have seen two cases. Kindly help me with this. My wife is working on LMIA low wage teer 5 work permit (kitchen helper) and I want to apply visa (visitor or spouse). Before applying, I saw two different case mentioned below-
1. My wife's colleague working on same (teer 5 low wage LMIA work permit kitchen helper). Her spouse applied for spouse work permit from india and he got refusal stating that low wage worker cannot sponser their spouse.

2. My wife's one other colleague working on same (teer 5 low wage LMIA work permit kitchen helper). But her spouse was already in canada on visitor visa. So, he applied spouse visa from canada and got approval soccessfully. Can anyone explain how is it possible?
It will really help me to choose best option to apply for me. Thank you.

 

[canuck78]

Hello Mr. Everyone,
I have seen two cases. Kindly help me with this. My wife is working on LMIA low wage teer 5 work permit (kitchen helper) and I want to apply visa (visitor or spouse). Before applying, I saw two different case mentioned below-
1. My wife's colleague working on same (teer 5 low wage LMIA work permit kitchen helper). Her spouse applied for spouse work permit from india and he got refusal stating that low wage worker cannot sponser their spouse.

2. My wife's one other colleague working on same (teer 5 low wage LMIA work permit kitchen helper). But her spouse was already in canada on visitor visa. So, he applied spouse visa from canada and got approval soccessfully. Can anyone explain how is it possible?
It will really help me to choose best option to apply for me. Thank you.

Every application is different. Savings, when permit expire are just some of the things that factor into approval. When you got married and how much time you have spent in person before applying also has significant impact. If you have recently been married and have minimal time in person then it will be harder to get approved.

 

[rvndrsingh0786]

@canuck78 isn't there any specific rule mentioned on Canada.ca website?

 

[Simba112]

@canuck78 isn't there any specific rule mentioned on Canada.ca website?

Specific rule about what?

 

[rvndrsingh0786]

About spouse open work permit of low wage temprary workers (teer 4,5) kitchen helper

 

[rcincanada2019]

Hello Mr. Everyone,
I have seen two cases. Kindly help me with this. My wife is working on LMIA low wage teer 5 work permit (kitchen helper) and I want to apply visa (visitor or spouse). Before applying, I saw two different case mentioned below-
1. My wife's colleague working on same (teer 5 low wage LMIA work permit kitchen helper). Her spouse applied for spouse work permit from india and he got refusal stating that low wage worker cannot sponser their spouse.

2. My wife's one other colleague working on same (teer 5 low wage LMIA work permit kitchen helper). But her spouse was already in canada on visitor visa. So, he applied spouse visa from canada and got approval soccessfully. Can anyone explain how is it possible?
It will really help me to choose best option to apply for me. Thank you.

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

IMO, for #2, your wife’s colleague probably got approved because of:

If your family member is in Canada, they must be in 1 of thefollowing situations:

• They have valid temporary resident status.
• They’ve applied to extend their status before it expired (maintained status).
• They’re eligible for restoration of their status as a
  • visitor
  • worker or
  • student

 

[rvndrsingh0786]

@rcincanada2019 but in this page, it is mentioned in low wage worker section that a person holding low wage work permit is not eligible at this time to sponser spouse. Then how #2 got spousal approval. This is the main confusion.

 

[rcincanada2019]

@rcincanada2019 but in this page, it is mentioned in low wage worker section that a person holding low wage work permit is not eligible at this time to sponser spouse. Then how #2 got spousal approval. This is the main confusion.

My best guess is that the IRCC agent working on that application just based the decision on that portion which I have quoted. Again, just my opinion.

 

[rvndrsingh0786]

Okay. Watching all these experiences, I decide first go to canada on visitor like #2 and try spouse open work permit. I wil not apply spouse permit from India like #1. I think this is the only way for me to get approval. Whats your opinion about this? Is there any better suggestion for me than this?

 

[rcincanada2019]

Okay. Watching all these experiences, I decide first go to canada on visitor like #2 and try spouse open work permit. I wil not apply spouse permit from India like #1. I think this is the only way for me to get approval. Whats your opinion about this? Is there any better suggestion for me than this?

My suggestion is, if you are highly skilled then try to get a LMIA-backed job offer. Note that applications are never guaranteed. Also note that with low wage jobs, you probably would be struggling. Rent alone would eat up most of your take home pay.

As before, only my opinion.

 

[rvndrsingh0786]

But my wife's designation is kitchen helper which comes in semi skilled category in which getting PR is easy . Thats why I dont want let her change NOC. I just wanna go live with her on open work permit so that I can help her financially until she gets PR. So, can you please suggest me either I go like #2 or #1? I think #2 way is right which is firstly go on visitor then apply spouse work permit there.

 

[Naturgrl]

But my wife's designation is kitchen helper which comes in semi skilled category in which getting PR is easy . Thats why I dont want let her change NOC. I just wanna go live with her on open work permit so that I can help her financially until she gets PR. So, can you please suggest me either I go like #2 or #1? I think #2 way is right which is firstly go on visitor then apply spouse work permit there.

What province? PR is not easy for most people. I would apply for SOWP first. For TRV, you have to show funds, travel history, ties to return (job letter with approved leave, children, properties, businesses etc.). Since your purpose is not to visit but work start with SOWP, IMO.

 

[rvndrsingh0786]

In BC there is a separate draw for semi skilled category. Our profile goes on that draw which is now at 97. But skilled pnp draw is at 120-122 which is quiet difficult. @Naturgrl read my first case experience. He got refusal applied directly SOWP from india. But the person who went to canada on visitor first got SWOP after applying it within Canada.

 

[Naturgrl]

In BC there is a separate draw for semi skilled category. Our profile goes on that draw which is now at 97. But skilled pnp draw is at 120-122 which is quiet difficult. @Naturgrl read my first case experience. He got refusal applied directly SOWP from india. But the person who went to canada on visitor first got SWOP after applying it within Canada.

Ok. But you are basing decision on 2 people‘s outcomes. Thousands apply for SOWP and are approved. It is your choice but for TRV you need to show what I mentioned above.

 

[rvndrsingh0786]

Yes you are right. I dont need to judge just these two files only. But on the canada.ca website. It is also mentioned that a person working in teer 4,5 low wage category is not eligible for sponsering spouse on open work permit. According to it, #1 refusal is right. But It is still a confusion how a person in canada on visitor approval in this category. This is main confusion but a positive way.