Converting student visa to spouse visa: Urgent!!!

[sam4187]

I am PhD student and came in May 2012 with my wife as my dependent. Now, my wife has got her work permit and a job as an Application developer (she is a software engineer) with government. Her contract is for 2 years up to June 2015. I am having difficulty in my PhD as the topic is not best of my interest.
So,
[size=10pt][size=10pt][size=10pt]1) Can I convert my visa as her dependent and get a full time open work permit? [/size][/size][/size]
2) Does it pose any difficulty when we apply for permanent residency in future in Canadian experience class?

Please help!

 

[PMM]

Hi

I am PhD student and came in May 2012 with my wife as my dependent. Now, my wife has got her work permit and a job as an Application developer (she is a software engineer) with government. Her contract is for 2 years up to June 2015. I am having difficulty in my PhD as the topic is not best of my interest.
So,
[size=10pt][size=10pt][size=10pt]1) Can I convert my visa as her dependent and get a full time open work permit? [/size][/size][/size]
2) Does it pose any difficulty when we apply for permanent residency in future in Canadian experience class?

Please help!

1. No, as your spouse only got her SOWP because you were a student.

 

[nettoyant]

I am PhD student and came in May 2012 with my wife as my dependent. Now, my wife has got her work permit and a job as an Application developer (she is a software engineer) with government. Her contract is for 2 years up to June 2015. I am having difficulty in my PhD as the topic is not best of my interest.
So,
[size=10pt][size=10pt][size=10pt]1) Can I convert my visa as her dependent and get a full time open work permit? [/size][/size][/size]
2) Does it pose any difficulty when we apply for permanent residency in future in Canadian experience class?

Please help!

1. If your spouse employer supports her and gets her a regular work permit (they will probably have to apply for a LMO - Labour Market Opinion first), you will be eligible to apply for a spouse open work permit for yourself.

 

[sam4187]

So, the work permit on which she is now is called open work permit and the work permit once gets after LMO (regular work permit) are different? Because when I checked about my eligibility after filling the questionnaire for the work permit on CIC, it seems like I am eligible.

Further, I read on CIC about if the spouse is working in NOC code 0,A or B the dependent is eligible to get work permit. (My wife work fits in the NOC category)

In the above link, they have not specified about it has to be work permit through LMO or open work permit.

I do not doubt about nettoyant but just want some more knowledge about it as I am confused now. Please help!

 

[paulgovas]

it seems your wife got a job because she has dependent visa ( open work permit) that came from your student visa. So now you are trying to be dependent of hers. in my opinion, you have to continue to be student until she gets independent visa that is not attached with you.

 

[mead]

So, the work permit on which she is now is called open work permit and the work permit once gets after LMO (regular work permit) are different? Because when I checked about my eligibility after filling the questionnaire for the work permit on CIC, it seems like I am eligible.

Further, I read on CIC about if the spouse is working in NOC code 0,A or B the dependent is eligible to get work permit. (My wife work fits in the NOC category)

In the above link, they have not specified about it has to be work permit through LMO or open work permit.

I do not doubt about nettoyant but just want some more knowledge about it as I am confused now. Please help!

lol haha u r trying to play the system.....how did ur wife get her current work permit in the first place? if u read on her work permit it says it is valid till ur study permit. if u lose ur student status she will lose her work permit and will be asked to turn in her work permit.

 

[nettoyant]

So, the work permit on which she is now is called open work permit and the work permit once gets after LMO (regular work permit) are different? Because when I checked about my eligibility after filling the questionnaire for the work permit on CIC, it seems like I am eligible.

Further, I read on CIC about if the spouse is working in NOC code 0,A or B the dependent is eligible to get work permit. (My wife work fits in the NOC category)

In the above link, they have not specified about it has to be work permit through LMO or open work permit.

I do not doubt about nettoyant but just want some more knowledge about it as I am confused now. Please help!

Hello again sam4187!
What you said is perfectly fine in a normal situation, but the problem here is that her spouse open work permit is connected to your study permit. If your study permit expires or if you change it to a work permit (in which case you lose the study permit), your wife's open work permit stops being valid. That's the catch.

For you to get a open work permit for yourself as her spouse, her work permit must not be connected to your study permit. One of the ways for this to happen is if her employer decides to sponsor her work permit. In this case, her work permit will be connected to the employer and you can ask for a spouse open work permit (that will be connected to her work permit with the employer).

I agree with what other people think. You should keep studying until she figures out her situation and gets a work permit that is independent from your study permit. Getting a LMO for a work permit right now can take a while, specially if she works in IT field.

 

[sam4187]

Thank you very much Nettoyant. I am very much convinced now. I will ask my wife to convert her work permit by getting LMO so I can get an open work permit.

 

[sam4187]

Thank you Mead and paulgovas!