Open work permit with valid study permit

[Olivivia98]

Hello!

I currently have a valid study permit until 2021, and will be graduating this summer 2020. My partner is going to sponsor me through the common-law stream. I can apply for a open work permit together with that application instead of PGWP. I am confused about whether I will be eligible to work full time after I apply for the open work permit? Or do I have to wait until it is approved? I researched on CIC and wondering which scenario applies for me.

According to CIC:
I am sponsoring my spouse or partner who is in Canada. Can they work while their application is being processed?
Yes, but only if they have a work permit.
If you’re sponsoring your spouse, they can apply for an open work permit.
It will take us about 4-5 months to process the open work permit application.
Remember that while your spouse or partner’s permanent residence application is being processed, they must:

• maintain legal status as a visitor, student or worker in Canada, and
• wait for their work permit application to be approved before starting to work

Working after you complete your study program
After you complete your study program, there are 2 ways you may be able to work full-time:

• you already applied for a work permit before your study permit expired or
• you’re starting a new study program

You need to meet all the requirements listed below to work full-time. If we refuse your work or study permit application, you must stop working and leave Canada.

If you already applied for a work permit
You can work full-time if you meet all of these requirements:

• You were already able to work off campus during your studies
• You applied for a work permit or post-graduation work permit (PGWP) before your study permit expired
• You’re waiting for a decision on your work permit application

 

[primaprime]

You should apply for a PGWP instead so you can begin working immediately. The spousal open work permit is not needed if you already have a PGWP.

 

[Olivivia98]

You should apply for a PGWP instead so you can begin working immediately. The spousal open work permit is not needed if you already have a PGWP.

Thank you for your suggestion! But I think I read somewhere saying if I apply for PGWP first and then apply for common-law they might think the common law application is not genuine enough. Also, I have 2 part time semesters during my first and second year of university, there is a chance that the PGWP might not be approved So if I apply for spousal open work permit instead, I'll have to wait till it gets approved to work full-time? Can I still part-time work using my study permit?

 

[k.h.p.]

Thank you for your suggestion! But I think I read somewhere saying if I apply for PGWP first and then apply for common-law they might think the common law application is not genuine enough. Also, I have 2 part time semesters during my first and second year of university, there is a chance that the PGWP might not be approved So if I apply for spousal open work permit instead, I'll have to wait till it gets approved to work full-time? Can I still part-time work using my study permit?

Since you can't have been part-time except for an official break, your PGWP may be at risk.

If you apply for the OWP but not the PGWP, you cannot work AT ALL until you get the OWP. You cannot work on a study permit once you are notified of completion of your studies.

 

[k.h.p.]

I have never heard that having a PGWP makes a common-law application seem less genuine. That makes no sense at all.

 

[Olivivia98]

Since you can't have been part-time except for an official break, your PGWP may be at risk.

If you apply for the OWP but not the PGWP, you cannot work AT ALL until you get the OWP. You cannot work on a study permit once you are notified of completion of your studies.

Thank you for your reply I'm also wondering since my study permit doesn't expire until next year, can I still take some online classes while waiting for the work permit? or do I have to apply to change study permit condition before taking online classes?

 

[k.h.p.]

Thank you for your reply I'm also wondering since my study permit doesn't expire until next year, can I still take some online classes while waiting for the work permit? or do I have to apply to change study permit condition before taking online classes?

You would have to change your study permit or not graduate. But if you do not graduate and take only some courses, your PGWP is even in more risk.

 

[canuck78]

You can change to visitor atatus if you don't want to study. You need to be full-time except your last semester to qualify for pgwp.