Can spouse work as a dependent of PR holder?

[PradipSaha]

OWP requires that the applicant is already in Canada, and then an inland PR app is submitted at the same time as an OWP app. You can't apply for the OWP from outside Canada.

@Rob_TO If the spouse of a Canadian PR gets temporary work permit and lands in Canada, then can the PR sponsor his spouse using Spousal sponsorship - inland route, also what is the max. duration of a temporary work permit and whether LMIA/job offer is mandatory for temporary work permit?

 

[chz140]

Bumping this thread:

Hi, I am also curious this. Can someone answer these two questions for me:
1: Do both the applicant and the dependent spouse get PR together (assuming the spouse is accompanying the applicant)?
2: Can the dependent start searching for job/start working immediately (or soon) after arriving?
3: If the dependent spouse gets a job before arriving in Canada, while the EE process is still ongoing, can this be added the applicants EE profile?

 

[Bs65]

Bumping this thread:

Hi, I am also curious this. Can someone answer these two questions for me:
1: Do both the applicant and the dependent spouse get PR together (assuming the spouse is accompanying the applicant)?
2: Can the dependent start searching for job/start working immediately (or soon) after arriving?
3: If the dependent spouse gets a job before arriving in Canada, while the EE process is still ongoing, can this be added the applicants EE profile?

1 yes but the primary applicant must either land first or at same time as the dependent spouse
2 once the primary applicant and the dependent spouse have landed then as long as have obtained their SINs then sure both can start working immediately. Also note that once landed then any residency obligation is an individual responsibility whether primary applicant or spouse
3 Not 100 percent on this and others can correct me but not sure would make any difference to the primary applicants EE application in terms of successful processing which is based on the primary applicant not the spouse.

 

[sharelp]

I have received COPR (my spouse and kid were included in the application as dependents but not accompanying). I need to land before Jan 20th 2020.
1. Can my spouse apply for OWP now ? (OWP for spouse of foreign skilled worker) and kid (4 years) for vistor visa? Once they are in Canada, i'll apply for family sponsorship, provided i have all documents.
2. If I apply for family sponsorship - outland, can we still get the bridging OWP and TRV while waiting for the PR?

 

[scylla]

I have received COPR (my spouse and kid were included in the application as dependents but not accompanying). I need to land before Jan 20th 2020.
1. Can my spouse apply for OWP now ? (OWP for spouse of foreign skilled worker) and kid (4 years) for vistor visa? Once they are in Canada, i'll apply for family sponsorship, provided i have all documents.
2. If I apply for family sponsorship - outland, can we still get the bridging OWP and TRV while waiting for the PR?

1. I would personally not apply for an OWP now. I think there's some chance that IRCC may really not be happy if you do this and classify this as misrepresentation since your COPR has already been approved. You're very clearly trying to game the system. I would personally not risk a misrepresentation finding which could give your spouse a 5 year ban from Canada.
2. No - your spouse will not qualify for an OWP. They can certainly try applying for TRVs.

 

[canuck78]

We have seen that they are really cracking down on spouses listed as non-accompanying. If they are non-accompanying they shouldn’t be in Canada or trying to get to Canada at similar times.

 

[sharelp]

1. I would personally not apply for an OWP now. I think there's some chance that IRCC may really not be happy if you do this and classify this as misrepresentation since your COPR has already been approved. You're very clearly trying to game the system. I would personally not risk a misrepresentation finding which could give your spouse a 5 year ban from Canada.
2. No - your spouse will not qualify for an OWP. They can certainly try applying for TRVs.

Thank you.. I understand agree with you completely.

 

[PradipSaha]

1. I would personally not apply for an OWP now. I think there's some chance that IRCC may really not be happy if you do this and classify this as misrepresentation since your COPR has already been approved. You're very clearly trying to game the system. I would personally not risk a misrepresentation finding which could give your spouse a 5 year ban from Canada.
2. No - your spouse will not qualify for an OWP. They can certainly try applying for TRVs.

Hi @scylla and others, kindly guide - If the PR has already landed in Canada, it has been 2 months since date of landing and the initially non acompanying spouse has got an approved TRV (PR's spouse's passport is stamped with a 10 year multi-entry tourist visa already), then subsequently if the PR submits an OWP application for the spouse during/before the 1st visit by the spouse (visit duration being only around 2 weeks), will it still be construed as "gaming the system"??

 

[scylla]

Hi @scylla and others, kindly guide - If the PR has already landed in Canada, it has been 2 months since date of landing and the initially non acompanying spouse has got an approved TRV (PR's spouse's passport is stamped with a 10 year multi-entry tourist visa already), then subsequently if the PR submits an OWP application for the spouse during/before the 1st visit by the spouse (visit duration being only around 2 weeks), will it still be construed as "gaming the system"??

You cannot apply for the OWP alone. You would have to submit the complete application to sponsor your spouse inland and include an OWP with that application package. Also, both spouses have to be physically in Canada at the time the application package is submitted and then remain in Canada.

 

[PradipSaha]

@scylla can i dm you?

 

[PradipSaha]

@scylla I have observed that the IRCC website is allowing to submit such an OWP application, I will share snapshots of the same via dm

 

[scylla]

@scylla I have observed that the IRCC website is allowing to submit such an OWP application, I will share snapshots of the same via dm

You're incorrect. Once you are a PR, your spouse only qualifies foir an OWP through inland spousal sponsorship. This is an extremely well known rule. If you submit the OWP on its own, it will be refused.

 

[PradipSaha]

@scylla Thank you for the guidance