SOWP to study visa

[BinarySingh]

Hi All,

My husband came to Canada on study visa and during his PGWP I joined him with our child on SOWP but I was not working as our child is too young.
Now his PGWP is ending in september and we are looking for a way to extend our stay. I am planning to take up a master degree here and have some questions regarding it

1. Am I even eligible to apply for study visa if yes what are the chances of getting a study visa from my current SOWP visa status?
2. Since I will be on study visa, can I move my husband to SOWP? If yes, do I apply for
   a) his SOWP along with my study visa application
   b) wait for my study visa and once I get it immediately apply for his SOWP
   c) wait to complete 1st semester before applying his SOWP
3. I am planning to take an online course. Are 100% online courses eligible for PGWP?
   Note - I will still be physically present in Canada during the course
   

I completed my highest education (bachelors) in 2016 after which I worked till 2020 and now planning to take a masters course.

 

[YVR123]

Hi All,

My husband came to Canada on study visa and during his PGWP I joined him with our child on SOWP but I was not working as our child is too young.
Now his PGWP is ending in september and we are looking for a way to extend our stay. I am planning to take up a master degree here and have some questions regarding it

1. Am I even eligible to apply for study visa if yes what are the chances of getting a study visa from my current SOWP visa status?
2. Since I will be on study visa, can I move my husband to SOWP? If yes, do I apply for
   a) his SOWP along with my study visa application
   b) wait for my study visa and once I get it immediately apply for his SOWP
   c) wait to complete 1st semester before applying his SOWP
3. I am planning to take an online course. Are 100% online courses eligible for PGWP?
   Note - I will still be physically present in Canada during the course

I completed my highest education (bachelors) in 2016 after which I worked till 2020 and now planning to take a masters course.

You can apply for study permit if you are eligible.

Your spouse cannot apply for SOWP under your study permit. IRCC has closed off the loop hole.

 

[BinarySingh]

Your spouse cannot apply for SOWP under your study permit. IRCC has closed off the loop hole.

Can you please share a reference link to this?

 

[canuck78]

Hi All,

My husband came to Canada on study visa and during his PGWP I joined him with our child on SOWP but I was not working as our child is too young.
Now his PGWP is ending in september and we are looking for a way to extend our stay. I am planning to take up a master degree here and have some questions regarding it

1. Am I even eligible to apply for study visa if yes what are the chances of getting a study visa from my current SOWP visa status?
2. Since I will be on study visa, can I move my husband to SOWP? If yes, do I apply for
   a) his SOWP along with my study visa application
   b) wait for my study visa and once I get it immediately apply for his SOWP
   c) wait to complete 1st semester before applying his SOWP
3. I am planning to take an online course. Are 100% online courses eligible for PGWP?
   Note - I will still be physically present in Canada during the course

I completed my highest education (bachelors) in 2016 after which I worked till 2020 and now planning to take a masters course.

Would add that online masters will not count towards PGWP and chances of being approved for a study permit for an online masters is likely pretty low. You don’t need to be in Canada if taking an online program so defeat the purpose of needing a study permit.

 

[Naturgrl]

Can you please share a reference link to this?

You can study at a DLI if you show funds and justify costs. An online program is not eligible for PGWP. What school have you gained admission to?

Your spouse is not eligible for SOWP, and will need a LMIA with closed work permit or can stay as a visitor. The policy was changed in 2021.

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 is no longer possible.

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

 

[Ali_cibc]

You can study at a DLI if you show funds and justify costs. An online program is not eligible for PGWP. What school have you gained admission to?

Your spouse is not eligible for SOWP, and will need a LMIA with closed work permit or can stay as a visitor. The policy was changed in 2021.

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 is no longer possible.

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

You are miss quoting the above policy. Doesn't matter if you are transitioning from PGWP or any other work permit. If your spouse got his/her study permit approved and studying Masters 16 month or longer, you can apply for SOWP. The above link/reference does not talk about it anywhere.
It says- if one got OWP based on study permit of spouse, than spouse cannot later change it from study permit to OWP.

 

[Naturgrl]

You are miss quoting the above policy. Doesn't matter if you are transitioning from PGWP or any other work permit. If your spouse got his/her study permit approved and studying Masters 16 month or longer, you can apply for SOWP. The above link/reference does not talk about it anywhere.
It says- if one got OWP based on study permit of spouse, than spouse cannot later change it from study permit to OWP.

That wasn’t the question.

 

[Ali_cibc]

That wasn’t the question.

Yes, I saw in various forums you have quoted that someone holding SOWP goes to study permit, than his/her spouse is not eligible for SOWP because originally he had PGWP, which is not true.

 

[Ali_cibc]

Yes, I saw in various forums you have quoted that someone holding SOWP goes to study permit, than his/her spouse is not eligible for SOWP because originally he had PGWP, which is not true.

it applies for those who go for cases like below :
For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under administrative code C42 for spouses of study permit holders, the study permit holder cannot quit their studies and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment.

 

[canuck78]

Yes, I saw in various forums you have quoted that someone holding SOWP goes to study permit, than his/her spouse is not eligible for SOWP because originally he had PGWP, which is not true.

It is actually. A loophole was closed that previously allowed spouses to take turns studying and working. In this case OP’s husband will always be considered a primary applicant.

 

[Naturgrl]

it applies for those who go for cases like below :
For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under administrative code C42 for spouses of study permit holders, the study permit holder cannot quit their studies and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment.

So you have quoted exactly what I explained to the OP.

 

[Ali_cibc]

It is actually. A loophole was closed that previously allowed spouses to take turns studying and working. In this case OP’s husband will always be considered a primary applicant.

You are saying the same thing again. There was no such loophole closed, instead it was clearly posted online, if student A comes on study permit or for example on work permit LMIA, and dependent B gets a visa based on 'A's status, later A cannot change the current status (quit in case of study or quit LMIA) and apply for work permit based on B's status.

However, B can later go on study permit(Now primary applicant is B) and A can apply for SOWP because B is an International student. For ex: If A is on PGWP and moving to apply for SOWP based on B's status now. In this case, A did not quit studies or left closed work permit instead completed everything and came on another status because B changed to study permit. Hope this helps everyone.

@Naturgrl and @canuck78 I don't know how did you became VIP member here, just based on thousand's of replies but too little knowledge on immigration. I saw your replies in various forums. Geteducated buddy.

 

[Copingwithlife]

You’ve posted here four times buddy
FOUR times



Stay in your lane before you start lecturing people who’ve responded to thousands of questions

 

[Ali_cibc]

You’ve posted here four times buddy
FOUR times



Stay in your lane before you start lecturing people who’ve responded to thousands of questions

You cannot post whatever you like here and get away. Go back and check, if he/she does not have accurate information, stay away. it's as simple as that. and responding to thousands of questions dosen't make you genius neither them. Get it ?

 

[Copingwithlife]

You cannot post whatever you like here and get away. Go back and check, if he/she does not have accurate information, stay away. it's as simple as that. and responding to thousands of questions dosen't make you genius neither them. Get it ?

Ooooohhhh

Your fifth post

( slow clap )

Now go back and clutch those pearls again

And what did you get in your IELTS score in writing ? Like a four ?