Hello,
My wife and I are trying to determine the best approach to the spousal application. I am a canadian born citizen and she is Chinese. She is currently here on a study permit that runs out in May 2018. We have been together for 3 years (now living together) and got married in September 2017. We expect to receive out Marriage Certificate by Mid November and send in our Full Spousal sponsorship application along with an Open Work Permit Application by the end of November. I am concerned that her legal status will run out before the applicaiton is processed. Because I am not too familiar with the process, I would like some advice on how to proceed.
1. Does obtaining the Open Work Permit "Restore" or "Reinstate" her legal status?
2. If we do not receive a Work Permit before May 2018, does she have to leave the country?
3. What is the likelihood that an Open Work Permit can be processed (assuming we fill out all the forms satisfactorily) within the Period of Nov/Dec 2017 to May 2018 given the Holiday Break.
4. Lastly, is an open work permit typically denied for any reason?
Sorry if these questions have already been asked. If you could answer my questions or simply can forward me to a recent thread, I would be Sorely thankful!!!
Thank You!
Seth
Hi Seth,
You are in an almost identical situation to what my wife and I were in. I was on a study permit and we got married in May, applied in July as soon as all the documents arrived. Where you have a difference benefits you, if your wife is eligible for a
Post Graduate Work Permit (you can only receive one of these so if she has had one in the past, she will not be) you should apply for this now if she has graduated already, if she hasn't yet graduated as soon as she does apply for this.
This is the exact same as the Open Work Permit you receive through the application which I believe is valid for up to 2 years. PGWP validity is determined based on the length of your studies here in Canada. I would definitely go this route, the processing times are likely faster and I believe her staus would continue to be implied as a student as long as she applies before her current study visa expires.
Based on your timeline it should be alright for her given that you plan to apply in November and her permit expires in May, however you may not want to take a chance and the PGWP would be the best way to guarantee she has a status!
My study permit expired and I am currently waiting for my OWP from when I applied back in July. Needless to say speaking from firsthand experience it is something you would want to avoid. I already had a PGWP so that is why I am now waiting.
Let me know if you need any more info!