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SOWP to Study Permit

R

RKA90

Newbie
Dec 23, 2023
5
0
Hi All,

Since arriving in Canada in September 2023, my husband's on a Closed Work Permit, and I'm on the Spouse Open Work Permit (SOWP). There's a chance he might lose his contract soon, so we're exploring ways to stay in Canada.

Any insights on recent announcements by the Immigration Minister regarding work permit holders studying without a study permit? Also, if I transition to a Study Permit after getting admission to college, is it possible for him to switch to an Open Work Permit?

Appreciate your help.

Thanks,
RKA
 
Last edited:
N

Naturgrl

VIP Member
Apr 5, 2020
45,740
9,792
RKA90 said:
Greetings All,

My husband and I arrived in Canada in September 2023, with me on the Spouse Open Work Permit (SOWP) and him on a Closed Work Permit. I'm currently exploring the possibility of pursuing studies in Canada and would like to know about recent announcements by the Immigration Minister regarding work permit holders being able to study in Canada without a study permit.

Furthermore, if I successfully secure admission to a college and later transition to a Study Permit, I'm interested in understanding how this might impact my husband. Specifically, I'm wondering if he would be eligible to switch to an Open Work Permit in this scenario.

I appreciate your assistance and guidance on these matters.

Thank you,
RKA
Click to expand...
The requirements for you to study are in the link.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/workers-study-without-study-permit.html

This doesn’t impact your husband as he is not eligible for an open work permit. He will continue to need to be on a closed work permit while you study and when you get a PGWP.

There are new rules that came into effect a couple of years ago so your husband is not eligible for SOWP as he is considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada – in this case, a closed work permit. You only got a SOWP because your husband is the PFN. You cannot become the PFN as a student so he can get a SOWP.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker in a NOC 0, A, or B job), 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.
 
R

RKA90

Newbie
Dec 23, 2023
5
0
There is a possibility that my husband may lose his contract in the upcoming months, and I am currently seven months pregnant, it would be challenging for us to travel back to our home country if relocation becomes necessary. In this context, could you please advise on the steps to transition him from a closed work permit to an Open Work Permit? Your guidance in this matter is greatly appreciated.
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,740
9,792
RKA90 said:
There is a possibility that my husband may lose his contract in the upcoming months, and I am currently seven months pregnant, it would be challenging for us to travel back to our home country if relocation becomes necessary. In this context, could you please advise on the steps to transition him from a closed work permit to an Open Work Permit? Your guidance in this matter is greatly appreciated.
Click to expand...
He is not eligible for an open work permit. If he loses his job then he stops working and changes status to visitor. He must find another employer willing to go through the LMIA process so he can apply for another closed work permit. Or if he wants to immigrate then look at immigration programs. You being pregnant is not relevant.
 
R

RKA90

Newbie
Dec 23, 2023
5
0
Naturgrl said:
He is not eligible for an open work permit. If he loses his job then he stops working and changes status to visitor. He must find another employer willing to go through the LMIA process so he can apply for another closed work permit. Or if he wants to immigrate then look at immigration programs. You being pregnant is not relevant.
Click to expand...
Can I continue working on my Spouse Open Work Permit (SOWP) until my work permit expires?
 
A

Ashishrana89

Full Member
Mar 11, 2019
20
0
Hello Everyone,
So I am on a Spousal Open work permit right now which is about to expire in next 6 months, is there a possibility that I can apply for a study permit and later after my study is over get a PWGP for both myself and my wife??
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,740
9,792
Ashishrana89 said:
Hello Everyone,
So I am on a Spousal Open work permit right now which is about to expire in next 6 months, is there a possibility that I can apply for a study permit and later after my study is over get a PWGP for both myself and my wife??
Click to expand...
You can get a study permit if eligible with proof of funds, ties to return to home country and justify costs of program with higher pay and career progression when you return home. If wife is currently only PGWP, she would not be eligible for a permit based on you being on a study permit. IRCC closed the loophole of spouses flipping back and forth between permits.
 
A

Ashishrana89

Full Member
Mar 11, 2019
20
0
Naturgrl said:
You can get a study permit if eligible with proof of funds, ties to return to home country and justify costs of program with higher pay and career progression when you return home. If wife is currently only PGWP, she would not be eligible for a permit based on you being on a study permit. IRCC closed the loophole of spouses flipping back and forth between permits.
Click to expand...
Hi Thanks for the clarification, also do i get pgwp afterwards??
 
A

Ashishrana89

Full Member
Mar 11, 2019
20
0
Hi All,
I checked my CRS score alone with 8777 its coming around 480 and when i add my wife to it, it reduces the score to 471 as she doesn't have good score in English and doesn't have Teer 0,1,2,3 work experience in CANADA. Is it advisable to remove her from my express entry profile to boost score??
We both are in Canada i am on SOWP and She has a PGWP.
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,740
9,792
Ashishrana89 said:
Hi All,
I checked my CRS score alone with 8777 its coming around 480 and when i add my wife to it, it reduces the score to 471 as she doesn't have good score in English and doesn't have Teer 0,1,2,3 work experience in CANADA. Is it advisable to remove her from my express entry profile to boost score??
We both are in Canada i am on SOWP and She has a PGWP.
Click to expand...
Yes, today’s draw was 542 so you need as many points as possible. Are you in an in-demand NOC like healthcare.
 
C

canuck78

VIP Member
Jun 18, 2017
56,432
13,805
Ashishrana89 said:
Hi All,
I checked my CRS score alone with 8777 its coming around 480 and when i add my wife to it, it reduces the score to 471 as she doesn't have good score in English and doesn't have Teer 0,1,2,3 work experience in CANADA. Is it advisable to remove her from my express entry profile to boost score??
We both are in Canada i am on SOWP and She has a PGWP.
Click to expand...
You can try to not include her but there have been reports of IRCC asking people to justify how a spouse is non-accompanying but is in Canada. That is always a risk of score reassessment.
 
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