C42 Family group in Canada
- Thread starter saichand
- Start date
Yes, a couple. A wants to apply for masters in universities, can B extend her C41 as C42 along with As study permit application. The webpage for C42, talks about applications as 'family group outside Canada' while ignoring , doesn't mention anything regarding 'family group in canada' whereas C41 page does talk about this. Is the spouse applying for sowp considered a principal applicant in this case because they were deemed authorized to work as per r186(u) before study or work approval as per rules of who is the principal applicant.
This is the definition on the page https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c42.html
which makes it a little bit confusing.
"The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186, other than under paragraphs R186 (v) or (w)."
which makes it a little bit confusing.
"The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186, other than under paragraphs R186 (v) or (w)."
Who is the principal foreign national? If the person on PGWP and that person is applying for a Masters/PhD then it is possible the spouse can get an SOWP. They will need to show funds for 2 people plus tuition.
A has always been the principal foreign national for their couple applications until now, which is A's work permit, B's C41, but the defintion of who is principal applicant is confusing when their family applications come to assesment for a study permit and C42 spouse open work permit together as a family in Canada, B will become the principal applicant because B worked under the deemed authorization of R186 before A will become a study permit holder. This is the source of confusion.
A should continue to be principal foreign national if applying for a Masters study permit. The changes were to close the loophole (example) for B to apply for a study permit and then A could apply for SOWP which is no longer possible. Honestly ask an immigration lawyer for clarification.
I did ask an immigration consultant but could not get a definite answer. Any suggestions a lawyer with very authoritative knowledge on this subject but who is also under 200$?