Spousal open work permit extension/transition time

[lian000]

Hi Everyone!
I hope you are all doing well. I have questions and confusions regarding this matter. I am on a student visa of a 2 year diploma course and my husband is with me on an open work permit. My student visa expires on April 30, 2019 ( same as the last day of my last term in the college) and the one that is in my passport expires on July 30, 2019. My husband's open work permit will expire the same time as my student visa and the last day with the college which is April 30, 2019. My questions are:
1.) what status will he be applying first to restore his status since his visa expiration is the same as my last day with the college? is visitor or open work permit extension? ( I probably might not have my transcript of records yet on that day and could not apply for PGWP yet)
2.) I heard he can restore his status and might get an extension until July 30, 2019 (same with the visa in my passport) but I am not sure which application package to choose.
3.) If I'll be able to find a full time job that is NOC B within that 3 months (April 30-July 30,2019), when is the best time for him to apply for his open work permit?
4.) can you share your experience regarding this, please( in detail, plus the visa dates expirations) -- I am afraid of the transition times given that he has only permit until April and still not sure if they can restore his status until I get a full time job


Thank you in advance for your time regarding my concerns.
God bless!

 

[canuck_in_uk]

Hi Everyone!
I hope you are all doing well. I have questions and confusions regarding this matter. I am on a student visa of a 2 year diploma course and my husband is with me on an open work permit. My student visa expires on April 30, 2019 ( same as the last day of my last term in the college) and the one that is in my passport expires on July 30, 2019. My husband's open work permit will expire the same time as my student visa and the last day with the college which is April 30, 2019. My questions are:
1.) what status will he be applying first to restore his status since his visa expiration is the same as my last day with the college? is visitor or open work permit extension? ( I probably might not have my transcript of records yet on that day and could not apply for PGWP yet)
2.) I heard he can restore his status and might get an extension until July 30, 2019 (same with the visa in my passport) but I am not sure which application package to choose.
3.) If I'll be able to find a full time job that is NOC B within that 3 months (April 30-July 30,2019), when is the best time for him to apply for his open work permit?
4.) can you share your experience regarding this, please( in detail, plus the visa dates expirations) -- I am afraid of the transition times given that he has only permit until April and still not sure if they can restore his status until I get a full time job


Thank you in advance for your time regarding my concerns.
God bless!

Hi

If your permit finishes when your school does, you will not receive confirmation of program completion before your permit expires. I suggest you apply for a study permit several months before your current permit expires, as it must be valid for you to apply for a PGWP.

1. Restoration is for people who are in Canada illegally. He should ensure he maintains his status by applying to change to visitor before his current permit expires.

2. Your TRV validity is irrelevant. He cannot extend his work permit beyond the validity of your study permit.

3. You must have a NOC A, B or 0 job and 3 payslips before he qualifies for an OWP based on your PGWP.

 

[lian000]

Hi canuck_in_uk! Thanks for your response!
Now i get more confused about the TRV. They say that the purpose why it expires 3 months after my student visa is for the processing of my PGWP. Why do they give different visa expirations? Some of the students with their spouses have an open work permit visa expiration same with the student's TRV, why did my husband got a different expiration? How can he apply for an open work permit as a dependent if his open work permit visa expires on the last day of my term? ( which is impossible because I will still be waiting for my transcript of record which is needed for my PGWP). If my husband will apply for a visitor visa, when will the best time for him to apply and what will be the best reason to get approval? Now I am more confused and bit hopeless about this... I hope you can help me with any solutions for him not to loose his status. Thanks once again.

 

[canuck_in_uk]

Hi canuck_in_uk! Thanks for your response!
Now i get more confused about the TRV. They say that the purpose why it expires 3 months after my student visa is for the processing of my PGWP.

A TRV is a stamp in your passport that allow you to board a commercial carrier to travel to Canada. It has nothing to do with status in Canada. No one says that and whoever told you that has no clue what they are talking about.

You stated in your previous post that your study permit is valid until April 30th. Is that correct?

Why do they give different visa expirations? Some of the students with their spouses have an open work permit visa expiration same with the student's TRV, why did my husband got a different expiration?

Because they want to. You seem to be confusing things and have likely misunderstood. Spousal OWPs are issued for the same validity as the study permit. Spouses of students are not granted work permits for a longer duration than the student's study permit.

How can he apply for an open work permit as a dependent if his open work permit visa expires on the last day of my term? ( which is impossible because I will still be waiting for my transcript of record which is needed for my PGWP). If my husband will apply for a visitor visa, when will the best time for him to apply and what will be the best reason to get approval?

The simple answer is that he CAN'T apply for a work permit unless you are also applying for or already have your PGWP and also have a skilled job with 3 payslips.

He needs to apply to change his status to visitor before his work permit expires. The reason to give is the truth.

 

[lian000]

Hi canuck_in_uk! Thanks for your answers! Now I am getting it.. my question now is the transition time. I have read other's posts in other thread (like jason and mariel, if im not mistaken with their names), that they have succeeded to get an open work permit along with their post graduation work permit application. I wonder what is the status of their spouses while they were processing their application? Did they also applied for visitor? Because the transition time is so confusing. I mean, if they their spouses have had work permit expiration same with their student's visa application, how did they maintain their spouses' status at that time while they were on the process of applying for their PGWP and their spouses' OWP? I am wondering because they never mentioned it. Thanks for your time once again!

 

[canuck_in_uk]

Hi canuck_in_uk! Thanks for your answers! Now I am getting it.. my question now is the transition time. I have read other's posts in other thread (like jason and mariel, if im not mistaken with their names), that they have succeeded to get an open work permit along with their post graduation work permit application. I wonder what is the status of their spouses while they were processing their application? Did they also applied for visitor? Because the transition time is so confusing. I mean, if they their spouses have had work permit expiration same with their student's visa application, how did they maintain their spouses' status at that time while they were on the process of applying for their PGWP and their spouses' OWP? I am wondering because they never mentioned it. Thanks for your time once again!

Study permits, and the corresponding spousal OWPs, are usually issued for a while beyond the course finish date to give students time to apply for the PGWP. This is why I told you to apply to extend yours a few months before expiry.

As I already said, a person can apply for their spouse's OWP along with the PGWP if they already have a skilled job and 3 payslips.

 

[lian000]

Thanks canuck_in_uk! If his open work permit will expire on April 30,2018, when will be the best time for him to extend his stay as a visitor? Are we going to include an explanation letter why he wants to extend his stay? Can we also include his current job here? Can we include our proof of funds from the Philippines? What will we put as a duration of stay?How much will be needed for the proof of funds from here in Canada?
I really appreciate your time helping us regarding this matter..

 

[lian000]

Correction: his open work permit expires on April 30,2019

 

[canuck_in_uk]

Thanks canuck_in_uk! If his open work permit will expire on April 30,2018, when will be the best time for him to extend his stay as a visitor? Are we going to include an explanation letter why he wants to extend his stay? Can we also include his current job here? Can we include our proof of funds from the Philippines? What will we put as a duration of stay?How much will be needed for the proof of funds from here in Canada?
I really appreciate your time helping us regarding this matter..

Apply to change to visitor a few weeks before April 30th. The app asks the reason for extending, so you can say something like "to be with spouse while she finishes her studies and gets her PGWP". There is no point in mentioning his job. You will need to show proof of funds. Ask for the standard 6 months. There's no set amount of funds to show. If you are not employed at the time, in my opinion, I'd say you should be able to show $10000, as you need to be able to support 2 people without employment, potentially for many months. If you are employed at the time and are allowed to work beyond April 30th, you can show less savings and your income.

 

[lian000]

hello canuck! I just read the restoration of status in cic website and it says that :

If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status in accordance with section 182 of the Immigration and Refugee Protection Regulations..

Note: This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions.

Eligibility requirements for restoration of status
Applicant requirements
The applicant must

• apply within 90 days of having lost their status;
• meet the initial requirements for their stay;
• have not failed to comply with any other condition (e.g., working without being authorized to do so);
• meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
• have lost their status because they have failed to comply with any of the following conditions:
  • Paragraph R185(a)
    The period authorized for their stay.
  • Subparagraphs R185(b)(i) to (iii)
    The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of work,
    • employer, and
    • location of work.
  • Paragraph R185(c)
    The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of studies or course,
    • educational institution,
    • location of the studies, and
    • times and periods of the studies.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

if i'll get job that is skilled woth 3 pay stubs within that 90 days after his visa expiration, is it possible to file his open work permit even without extending his visa as a visitor?
and if we choose to apply for the visit visa is he required to do the medical exam?

Thanks once again..

 

[canuck_in_uk]

hello canuck! I just read the restoration of status in cic website and it says that :

If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status in accordance with section 182 of the Immigration and Refugee Protection Regulations..

Note: This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions.

Eligibility requirements for restoration of status
Applicant requirements
The applicant must

• apply within 90 days of having lost their status;
• meet the initial requirements for their stay;
• have not failed to comply with any other condition (e.g., working without being authorized to do so);
• meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
• have lost their status because they have failed to comply with any of the following conditions:
  • Paragraph R185(a)
    The period authorized for their stay.
  • Subparagraphs R185(b)(i) to (iii)
    The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of work,
    • employer, and
    • location of work.
  • Paragraph R185(c)
    The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of studies or course,
    • educational institution,
    • location of the studies, and
    • times and periods of the studies.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

if i'll get job that is skilled woth 3 pay stubs within that 90 days after his visa expiration, is it possible to file his open work permit even without extending his visa as a visitor?
and if we choose to apply for the visit visa is he required to do the medical exam?

Thanks once again..

I'll say this as plainly as possible: becoming illegal in Canada when you can easily maintain status is stupid. There is no guarantee that you will even get a job within 3 months, let alone a skilled one. In that case, he would end up trying to restore his status as a visitor anyways, only with less chance of approval and twice the price. If Restoration is refused, he will have to leave Canada and will then always have to declare in visa/immigration apps that he stayed in Canada illegally.

Maintain legal status.

 

[pehen]

As I already said, a person can apply for their spouse's OWP along with the PGWP if they already have a skilled job and 3 payslips.

Hello canuck_in_uk, I have applied for the PGWP and the processing time showing on the CIC website is 67 days. The problem is my wife OWP is expired at day 66th. Can I submit the application the extend her OWP without having my PGWP decided? Both me and my wife is having a skill A job and we can provide pay slips as well as employment reference letters.

Or can I just withdraw my current application and submit a new one for both me and my wife?

Thank you very much.

 

[canuck_in_uk]

Hello canuck_in_uk, I have applied for the PGWP and the processing time showing on the CIC website is 67 days. The problem is my wife OWP is expired at day 66th. Can I submit the application the extend her OWP without having my PGWP decided? Both me and my wife is having a skill A job and we can provide pay slips as well as employment reference letters.

Or can I just withdraw my current application and submit a new one for both me and my wife?

Thank you very much.

She can apply now. Why didn't you apply together in the first place?

 

[pehen]

She can apply now. Why didn't you apply together in the first place?

Thank you canuck_in_uk for your reply, I really appreciate it. We couldn't apply together because I was not working at that time.

Which way do you think is better, she applies separately, or with me, given me withdrawing my PGWP application?

If she applies separately, which document should she provide for Family Member Proof of Status? Should it be my study permit, or the PGWP submission confirmation? or a combination of both.

And I guess our pay slips and employment letters should go into the Optional Documents section, isn't it?

Thank you very much for your time.

 

[canuck_in_uk]

Thank you canuck_in_uk for your reply, I really appreciate it. We couldn't apply together because I was not working at that time.

Which way do you think is better, she applies separately, or with me, given me withdrawing my PGWP application?

If she applies separately, which document should she provide for Family Member Proof of Status? Should it be my study permit, or the PGWP submission confirmation? or a combination of both.

And I guess our pay slips and employment letters should go into the Optional Documents section, isn't it?

Thank you very much for your time.

She can apply separately with a letter of explanation and all docs.