New Open Work Permit

[poojapanda33]

I'm on closed work permit and my wife has open work permit & working for Canadian employer. Both of our visa is valid till Jan-2019.

If I resign from my current employer, what are the chances of me getting a new open work permit based on my spouse OWP. I would like to stay in Canada and work here

 

[xiaohan]

Depends on the terms on your wife's open work permit.
Did she get her open work permit from your closed work permit? If yes, you would not be able to get an open work permit from your wife as her status was depending on your closed work permit.
Try to apply for PR after work in Canada after 1 year and see how much points you can get. And by having a closed work permit you may already have LMIA, so you would have better chance in the pool.

 

[poojapanda33]

Depends on the terms on your wife's open work permit.
Did she get her open work permit from your closed work permit? If yes, you would not be able to get an open work permit from your wife as her status was depending on your closed work permit.
Try to apply for PR after work in Canada after 1 year and see how much points you can get. And by having a closed work permit you may already have LMIA, so you would have better chance in the pool.

Thank you replying. But this is what I got from CIC portal. Also CIC call centre confirms the same.

You're a spouse or family member of someone working or studying temporarily in Canada
You may be eligible for an open work permit if you’re:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer,
• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,
• a family member of a foreign representative, or
• a family member of a foreign military member who is working in Canada.

If your spouse has an open work permit (e.g. post-graduation work permit), you must attach a copy of your spouse’s work permit to your application for an open work permit, along with:

• a letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
• a copy of your spouse’s recent pay slips.

Your permit will not be valid longer than your spouse’s work permit.

 

[xiaohan]

Thank you replying. But this is what I got from CIC portal. Also CIC call centre confirms the same.

You're a spouse or family member of someone working or studying temporarily in Canada
You may be eligible for an open work permit if you’re:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer,
• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,
• a family member of a foreign representative, or
• a family member of a foreign military member who is working in Canada.

If your spouse has an open work permit (e.g. post-graduation work permit), you must attach a copy of your spouse’s work permit to your application for an open work permit, along with:

• a letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
• a copy of your spouse’s recent pay slips.

Your permit will not be valid longer than your spouse’s work permit.

So yes, it is depending on what type of open work permit is your wife has. Is it sponsored by your closed work permit or she applied other type of open work permit on her own? This is the key part.

You can not apply for an open work permit if your wife's open work permit is sponsored by your current close work permit. IRCC should be very clear on this. Otherwise, you and your wife would be able to sponsor each other indefinitely one after the other, which should not and could not happen in here.

 

[poojapanda33]

So yes, it is depending on what type of open work permit is your wife has. Is it sponsored by your closed work permit or she applied other type of open work permit on her own? This is the key part.

You can not apply for an open work permit if your wife's open work permit is sponsored by your current close work permit. IRCC should be very clear on this. Otherwise, you and your wife would be able to sponsor each other indefinitely one after the other, which should not and could not happen in here.

Can you send me any link from CIC where we can get clear idea on this. because sponsorship part is not mentioned anywhere . Also in my wife's work permit it is not mentioned anywhere that she was sponsored by me.

 

[xiaohan]

Can you send me any link from CIC where we can get clear idea on this. because sponsorship part is not mentioned anywhere . Also in my wife's work permit it is not mentioned anywhere that she was sponsored by me.

But you must know how your wife applied her work permit right? Which programme was she applied?

 

[poojapanda33]

But you must know how your wife applied her work permit right? Which programme was she applied?

while processing my WP , my company also processed her OWP because she is my dependent. Only I've paid the related cost of OWP processing which is $100.

 

[xiaohan]

while processing my WP , my company also processed her OWP because she is my dependent. Only I've paid the related cost of OWP processing which is $100.

So most likely, your wife's OWP is depended on your WP. You could provide your details to IRCC agent and let them to check that for you.