OWP for Spouse after arriving on TRV

[autoscriptor]

I researched the group for answers before posting. I was under the impression that once my wife arrives in Canada on TRV while her outland PR application is being processed, she can apply for an OWP. All posts regarding this said no OPW for outland applicants. Is this true, or has that changed recently? According to this IRCC FAQ there is no specific mention of having the OWP exclusive for inland applicants.

Here is an exact quote. You can see they didn't exclusively say " Spouse or Common-Law Partner in Canada Class"

Who can apply
You can apply for an open work permit if you’re one of the following:

• a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence
• an accompanying dependent child of the principal applicant

Principal permanent residence applicants
When you apply for your open work permit, you must also be

• in a genuine relationship with your sponsor
• included in an application for permanent residence, and have an Acknowledgement of Receipt (AOR) letter confirming that your permanent residence application is being processed
• living in Canada with your sponsor

They even included the following about those who can apply without an AOR:

Who’s eligible to apply for a work permit without an AOR
You can only apply for a work permit without an AOR if you meet both of the following criteria:

• your work permit, study permit or temporary resident status will expire in 2 weeks or less and
• you’ve applied for permanent residence under one of the following classes:
  • the spouse or common-law partner in Canada class (SCLPC) as a spouse or common-law partner
  • the family class as a spouse, common-law or conjugal partner (sponsored overseas)

If my wife is eligible, how can we proof she is currently in Canada? We have her boarding pass, luggage tags, and even a copy of her customs declaration receipt.

Thank you very much.

 

[ERCAN]

The new policy is in effect since the summer of 2023. So any article or forum post before that will certainly say that it's not possible for outland. Right now, if PA arrived and plans to live in Canada, it's possible to apply.

Just change your wife's address to yours (you must live together I presume) and apply. No other proof needed, just follow the instructions to the letter (there are few specifics).
Remember, she should not leave Canada while OWP is being processed. We had few refusals reported that were possibly related to the PA leaving the country before OWP was granted.

 

[autoscriptor]

The new policy is in effect since the summer of 2023. So any article or forum post before that will certainly say that it's not possible for outland. Right now, if PA arrived and plans to live in Canada, it's possible to apply.

Just change your wife's address to yours (you must live together I presume) and apply. No other proof needed, just follow the instructions to the letter (there are few specifics).
Remember, she should not leave Canada while OWP is being processed. We had few refusals reported that were possibly related to the PA leaving the country before OWP was granted.

Thanks a lot for the confirmation.

As for not leaving Canada, we live very close to the United States's borders, and we were planning to visit for a few days. Is the rule that restrictive? How about a day visit where we actually return on the same day?

 

[ERCAN]

Thanks a lot for the confirmation.

As for not leaving Canada, we live very close to the United States's borders, and we were planning to visit for a few days. Is the rule that restrictive? How about a day visit where we actually return on the same day?

well.. I guess it should be ok. I don't believe that CBSA has land border outbound crossing records. They certainly have it for air travel (since few years already they track both in and out).

Be advised that leaving Canada she must have valid TRV to get back (and US visa if applicable). The worst part is that TRV doesn't guarantee reentry; she may still be denied. So I would suggest to wait for OWP.

 

[armoured]

well.. I guess it should be ok. I don't believe that CBSA has land border outbound crossing records. They certainly have it for air travel (since few years already they track both in and out).

Be advised that leaving Canada she must have valid TRV to get back (and US visa if applicable). The worst part is that TRV doesn't guarantee reentry; she may still be denied. So I would suggest to wait for OWP.

CBSA shares info with us customs and border patrol, so has access to USA entries (=CDA exits). Whether they or ircc use this data in context of owp app, I've no idea.

 

[ERCAN]

CBSA shares info with us customs and border patrol, so has access to USA entries (=CDA exits). Whether they or ircc use this data in context of owp app, I've no idea.

You are right... I had to google before posting . https://www.cbsa-asfc.gc.ca/btb-pdf/eedcu-cudes-eng.html
"Canada receives your biographic entry information from US authorities. We use this information to create your Canadian exit record. "

 

[armoured]

You are right... I had to google before posting . https://www.cbsa-asfc.gc.ca/btb-pdf/eedcu-cudes-eng.html
"Canada receives your biographic entry information from US authorities. We use this information to create your Canadian exit record. "

Rather off-topic, but I've been wondering what happens when one leaves to USA via air - presumably they have dual entries (from the airlines and USA). Hope they match/guess they match.

 

[ERCAN]

Rather off-topic, but I've been wondering what happens when one leaves to USA via air - presumably they have dual entries (from the airlines and USA). Hope they match/guess they match.

I presume they are capable to filter data on the port-of-enty and get only the land border crossings.

 

[Copingwithlife]

Rather off-topic, but I've been wondering what happens when one leaves to USA via air - presumably they have dual entries (from the airlines and USA). Hope they match/guess they match.

I left Chicago going to Tokyo . They had a lineup where a camera scanned your face & that information was sent to immigration showing you departed. Inbound via San Francisco, entry tracked inbound , then departure showed departed Denver , arrived Toronto
All tracked .
Leaving the United States very efficient. Took picture, agent confirmed seat number . Literally took five seconds