Clarification on open work permit for spousal application

['JaiShankar-SWM']

Hi Everyone!

This might be one of the topics that have been discussed in the past but as I could not find pointers I would greatly appreciate some insights from fellow members.

Question is whether a spouse who has applied under Family Class (outland) with AOR already received can apply for Open Work Permit during her stay in Canada on a visitor's visa or the open work permit application can only be submitted for a spousal application under the Spouse or Common-Law Partner in Canada Class (inland)?

I read through Who can apply and noted that "a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence"- does that translate to an 'inland applicant or the language covers TRV too?


Thank you!

 

[armoured]

Hi Everyone!

This might be one of the topics that have been discussed in the past but as I could not find pointers I would greatly appreciate some insights from fellow members.

Question is whether a spouse who has applied under Family Class (outland) with AOR already received can apply for Open Work Permit during her stay in Canada on a visitor's visa or the open work permit application can only be submitted for a spousal application under the Spouse or Common-Law Partner in Canada Class (inland)?

I read through Who can apply and noted that "a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence"- does that translate to an 'inland applicant or the language covers TRV too?


Thank you!

It covers outland as well. It used to be only inland. It was changed.

 

[mandeep1983]

Main applicant PR under process based on PNP and work permit still valid upto 6 month and Noc code -Teir 3,cook but not mention in new SOWP list . can eligible to apply Spouse opne work permit outland based on PR application pathway ??

 

[armoured]

Main applicant PR under process based on PNP and work permit still valid upto 6 month and Noc code -Teir 3,cook but not mention in new SOWP list . can eligible to apply Spouse opne work permit outland based on PR application pathway ??

Not family sponsorship. Post in the relevant part of the forum.

 

[lisa_moncrieffe]

Hello, I have a few questions that I'm confused on and concerned about.

Firstly, my submitted my application and my AOR and AIP. But I'm worried about it because my husband's permit got denied in 2023 and the letter told him to leave the country immediately. No date was in the letter nor an official order sent. We submitted a status restoration and got married in the time frame of waiting on the restoration decision. It was sadly denied and we went ahead with the pr application. So my question is does that go heavily against the decision for approval.

Secondly, we got the go ahead for his Open Work Permit and he's been out of status for 2 years do I put the 2 years that he's out of status for or do I submit a restoration and work permit application at the same time?

 

[scylla]

You just apply for the work permit. No restoration.

 

[Ponga]

Hello, I have a few questions that I'm confused on and concerned about.

Firstly, my submitted my application and my AOR and AIP. But I'm worried about it because my husband's permit got denied in 2023 and the letter told him to leave the country immediately. No date was in the letter nor an official order sent. We submitted a status restoration and got married in the time frame of waiting on the restoration decision. It was sadly denied and we went ahead with the pr application. So my question is does that go heavily against the decision for approval.

Secondly, we got the go ahead for his Open Work Permit and he's been out of status for 2 years do I put the 2 years that he's out of status for or do I submit a restoration and work permit application at the same time?

If you submitted an Inland application (known as the SCPLC application), he does not need to apply for restoration (again).

You state that his first restoration application was denied and since the requirement for legal status is waived for an Inland applicant, just submit the OWP application. Had he not reached the all-important AIP stage, he would not be eligible.

 

[lisa_moncrieffe]

If you submitted an Inland application (known as the SCPLC application), he does not need to apply for restoration (again).

You state that his first restoration application was denied and since the requirement for legal status is waived for an Inland applicant, just submit the OWP application. Had he not reached the all-important AIP stage, he would not be eligible.

OK. Thank you. I just tried applying for the work permit and because his status is expired it's stop the progress and said we're not allowed to continue with the application

 

[canuck78]

OK. Thank you. I just tried applying for the work permit and because his status is expired it's stop the progress and said we're not allowed to continue with the application

Will only qualify once he has AIP without status in Canada.

 

[lisa_moncrieffe]

Yes I know, we have that letter but when I go in the portal and get to the part they ask the expired date of his status is says it's over 90 and he doesn't qualify. And when I google it says I have to do restoration as well so I just want to confirm that is the process or if there is another pathway that I'm suppose to using to apply

 

[abff08f4813c]

Yes I know, we have that letter but when I go in the portal and get to the part they ask the expired date of his status is says it's over 90 and he doesn't qualify. And when I google it says I have to do restoration as well so I just want to confirm that is the process or if there is another pathway that I'm suppose to using to apply

No, I think the other forum members gave the correct advice and pathway.

I suspect that the portal will just work instead of stopping you once your husband reaches AIP. But IRCC's portals are also known to be ... glitchy. So come back here once he's reached that stage and if you're still unable to submit the app for the work permit.