Hello,
I need help to interpret the rules in regards to "Spouse Open Work Permit of Full Time Students". I am an international student currently enrolled at Humber College for Post-Graduate Certificate program(Study permit expires in 31 Aug 2014). My wife applied for the Open Work Permit (based on my full time status as student) at his Visa Office. She got refused for below reason.
"You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process."
I digged in and found out the regulation under which such visa is issued. I found below. However, i am confused whether the below regulation currently applies only for college/universities in Quebec province or all the provinces in Canada ?
Pls Advice
Spouses or common-law partners of full-time students, C42
Note: The provisions outlined for C-42 and C-43 only apply to students engaged in full-time studies at a Canadian university, community college, CEGEP, publicly funded trade/technical school or at a private institution authorized by provincial statute to confer degrees.
Spouses or common-law partners of certain foreign students are allowed to accept employment in the general labour market without the need for an LMIA. This exemption is intended for spouses who are not, themselves, full-time students.
Eligibility
Applicants must provide evidence that they are the spouse or common-law partner of a holder of a study permit who is a full-time student at:
a public post-secondary institution, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,
a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify), or
Canadian private institution authorized by provincial statute to confer degrees
Spouses or common-law partners of full time students are eligible for open or open/restricted work permits, depending on whether or not a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.
Validity
Work permits may be issued with a validity date to coincide with the spouse’s study permit.
I need help to interpret the rules in regards to "Spouse Open Work Permit of Full Time Students". I am an international student currently enrolled at Humber College for Post-Graduate Certificate program(Study permit expires in 31 Aug 2014). My wife applied for the Open Work Permit (based on my full time status as student) at his Visa Office. She got refused for below reason.
"You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process."
I digged in and found out the regulation under which such visa is issued. I found below. However, i am confused whether the below regulation currently applies only for college/universities in Quebec province or all the provinces in Canada ?
Pls Advice
Spouses or common-law partners of full-time students, C42
Note: The provisions outlined for C-42 and C-43 only apply to students engaged in full-time studies at a Canadian university, community college, CEGEP, publicly funded trade/technical school or at a private institution authorized by provincial statute to confer degrees.
Spouses or common-law partners of certain foreign students are allowed to accept employment in the general labour market without the need for an LMIA. This exemption is intended for spouses who are not, themselves, full-time students.
Eligibility
Applicants must provide evidence that they are the spouse or common-law partner of a holder of a study permit who is a full-time student at:
a public post-secondary institution, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,
a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify), or
Canadian private institution authorized by provincial statute to confer degrees
Spouses or common-law partners of full time students are eligible for open or open/restricted work permits, depending on whether or not a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.
Validity
Work permits may be issued with a validity date to coincide with the spouse’s study permit.
