Dependent Work Permit at Border

[Avi26]

Hi

My PG work Permit was expired on July 20, 2018 and I applied for CSQ in June 2017 with 2 years work experience in Quebec. CSQ status still in process. Documents sent in January 2018. I got married in April 2018 and my spouse applied for student visa with Martial Status as Single. She will be arriving to Canada on 27th September, 2018.

As I have to be on status, I applied for Work permit extension under LMIA exempt. Applied through paper so that i can buy some time. I am sure this wont be approved as I did not get my CSQ yet.

My question is, after my wife arrival, can i go to border and get open work permit? Can anyone help me on this.
Thanks in advance

 

[russ6970]

Are you eligible for an open work permit? I know the PGWP is open, but that is a one time thing.

 

[Avi26]

Yeah i am eligible for an open work permit. If spouse is on international student visa (Full time) we can apply for open work permit.

But as you said if I am not sure. We can apply for different work permit. Yes PGWP is one time thing but i am not extending PGWP, i am applying for new work permit.

 

[russ6970]

If she has her visa, yes you can apply at the border. I am unsure if all the borders do it though. From what I have read, only specific ones do it.

Applying at the Border
You have the option of applying for your work permit (spousal) at the border or port of entry - and obtaining it the same day - if you are TRV-exempt, meaning either:

1. You are a citizen of a TRV-exempt country, OR
2. You are a citizen of a TRV-required country, and are re-entering Canada solely from the US

Don't forget to bring:

• Passport
• Valid Study Permit - belonging to the full-time McGill Student
• Immigration Canada application fee: $155 + new $100 fee (as of Feb. 21, 2015) = $255
• All of your supporting documents: proof of medical exam (if applicable), Marriage License/Certificate (translated in either English or in French) or proof of common-law partnership.
  ** IMPORTANT: Immigration Canada plans to expand their biometrics program. Your spouse may be required to provide biometrics when applying for their open work permit at the port of entry, for more information please see our News page.

 

[Avi26]

Thanks for the information. But i have two concerns.

1) My wife applied as Student visa as Single will entry Canada with same status, is this would be a problem.
2) My Visa w expired on July 20, 2018. Am i allowed to cross border n re enter canada

 

[russ6970]

It depends when she applied for the study visa. Did she apply after or before you were married?

I am not really sure about the second one as i have no experience with flagpoling (other members could answer this one), but i would say it may cause issues yes, but not completely sure

 

[Avi26]

It depends when she applied for the study visa. Did she apply after or before you were married?

I am not really sure about the second one as i have no experience with flagpoling (other members could answer this one), but i would say it may cause issues yes, but not completely sure

It was after marriage.

 

[russ6970]

It was after marriage.

Well that is different and that is actually misrepresentation which if found out could lead to a ban of entering Canada. When you apply for the spouse OWP you have to provide evidence you are married or common-law. Once you provide that they are going to realize that she was in fact married when she applied. That could mean a whole lot of trouble for her application.

 

[Bryanna]

It was after marriage.

This could be considered as misrepresentation. If your wife is banned for 5 years, it would effectively end your chances of applying for PR as well later because you are a family member of an inadmissible person.

Your wife must email her local visa office + send a IRCC web form ASAP to inform them about your marriage. She must include the marriage certificate + an explanation for being untruthful. She must also request IRCC to let her know if she is allowed to travel on her current visa/if her study permit is valid.

Just realized your wife is out of time for this. She must cancel her plane tickets. She must not travel until she gets a reply from IRCC

 

[Jordanamu2003]

Hey please help me out
Me and my wife come on visitor visa in canada and my wife decided to study here we applied for study in qeubec and got approval we apply from new york and now i want to apply for spousal open work permit can i apply at niagara border when we are going for status change for my wife study we have usa multiple entry visa my lawyer told me you can