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Spousal sponsorship with OWP documents help

SLL

Full Member
Mar 11, 2019
23
2
A bit long, but please help me to understand this process correctly.

My husband is here in Canada on a work permit (was arranged by his company when he was transferred here). The work permit expires in November.
I am now submitting sponsorship application with OWP.
According to the online guide it says if the application is for OWP, then no need to answer questions about intended work in Canada, ok got that far.
Now in the first section of the form it asks what kind of status change you want, and we selected applying for a work permit for same employer (as this is the only one that seemed relevant, he's not planning on changing jobs at this time)

Next on the check list for OWP application they are asking to provide letter from employer and LMIA info. But all this information is not required on the application form.

So does this mean I do not need to submit these additional documents (letter from employer and LMIA info) and assume this is not applicable in our case of OWP application?

Hope my question/s are clear, just trying to make sure I understand everything correctly and don't miss anything.

Thank you in advance
 

21Goose

VIP Member
Nov 10, 2016
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Feb 2017
Apply for a new work permit, not a work permit for the same employer. You will get a Open Work Permit that isn't linked to his employer; rather, it will be linked to his status.

You will be asked to upload a copy of his work permit, a letter from his employer confirming that he's working in a NOC 0 profession, his three most recent pay stubs.
 

21Goose

VIP Member
Nov 10, 2016
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Leave the "Details of my prospective employer" section blank. It doesn't apply to you.
 

SLL

Full Member
Mar 11, 2019
23
2
Leave the "Details of my prospective employer" section blank. It doesn't apply to you.
Ok, Thank you for clarifying this. They will ask for the employer letter and the pay stubs later right? I don't need to include it with the application now?
And then I also don't need to provide any LMIA related information as it's n/a correct?

All I am submitting is the application form and the check list with n/a next to all other employer related requirements?
 

21Goose

VIP Member
Nov 10, 2016
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AOR Received.
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Ok, Thank you for clarifying this. They will ask for the employer letter and the pay stubs later right? I don't need to include it with the application now?
And then I also don't need to provide any LMIA related information as it's n/a correct?

All I am submitting is the application form and the check list with n/a next to all other employer related requirements?
No, submit the Employer Letter confirming NOC 0,A, or B, pay stubs and copy of your husband's work permit along with your application. That's what makes you eligible to get an Open Work Permit - his status. So you need to prove that

a) He has the correct status that makes his wife eligible to get an OWP
b) You are his lawful spouse (hence the marriage certificate)

If you prove these two things to the satisfaction of IRCC, you'll get an Open Work Permit.
 

SLL

Full Member
Mar 11, 2019
23
2
No, submit the Employer Letter confirming NOC 0,A, or B, pay stubs and copy of your husband's work permit along with your application. That's what makes you eligible to get an Open Work Permit - his status. So you need to prove that

a) He has the correct status that makes his wife eligible to get an OWP
b) You are his lawful spouse (hence the marriage certificate)

If you prove these two things to the satisfaction of IRCC, you'll get an Open Work Permit.

Sorry maybe I was not fully clear. I am his wife and am the Canadian Citizen. I am sponsoring him and he is here legally on work permit that ends in November. I have already included all my income information and my employer letters.
So this OWP is for him, so that he can stay here and keep working legally past November.

For him I have his work visa, his pay stubs, does he still need the letter from his employer confirming NOC 0?

Thank you for all your help!
 

21Goose

VIP Member
Nov 10, 2016
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AOR Received.
Feb 2017
Sorry maybe I was not fully clear. I am his wife and am the Canadian Citizen. I am sponsoring him and he is here legally on work permit that ends in November. I have already included all my income information and my employer letters.
So this OWP is for him, so that he can stay here and keep working legally past November.

For him I have his work visa, his pay stubs, does he still need the letter from his employer confirming NOC 0?

Thank you for all your help!
Ah, that's completely different.

You are sponsoring him, so all you need to do is prove

1) The PR application has been submitted pursuant to the Spouse or Common-Law partner in Canada class; You're submitting both together so you don't need to do anything here.
2) He resides at the same address as you
3) He has valid temporary status - this is why you need to attach his work permit
4) A Canadian Citizen has submitted a sponsorship application

If I understand you correctly, you are submitting his PR application + his OWP application at the same time to CPC Mississauga, yes? If that is the case, then you only need to attach his work permit to prove that he has status. The rest of the documents (proving his marriage, your ability to sponsor etc) will be taken from your PR application.
 

SLL

Full Member
Mar 11, 2019
23
2
Ah, that's completely different.

You are sponsoring him, so all you need to do is prove

1) The PR application has been submitted pursuant to the Spouse or Common-Law partner in Canada class; You're submitting both together so you don't need to do anything here.
2) He resides at the same address as you
3) He has valid temporary status - this is why you need to attach his work permit
4) A Canadian Citizen has submitted a sponsorship application

If I understand you correctly, you are submitting his PR application + his OWP application at the same time to CPC Mississauga, yes? If that is the case, then you only need to attach his work permit to prove that he has status. The rest of the documents (proving his marriage, your ability to sponsor etc) will be taken from your PR application.

Yes, you got it correctly I am submitting PR + OWP application at the same time. As I was filling out the OWP application I just wasn't sure what to provide them with.
So I have all the points 1-4 you mentioned in my PR application.
Do I just fill out OWP application form, select "apply for work permit for the first time" on the form?
and just include his current work permit and that's it?

No more LMIA, employer letters etc required?

TIA
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
Yes, you got it correctly I am submitting PR + OWP application at the same time. As I was filling out the OWP application I just wasn't sure what to provide them with.
So I have all the points 1-4 you mentioned in my PR application.
Do I just fill out OWP application form, select "apply for work permit for the first time" on the form?
and just include his current work permit and that's it?

No more LMIA, employer letters etc required?

TIA
Correct. He is LMIA exempt.