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Extend my Open Work Permit, I came to Canada accompanying a Student

jfalvitez

Hero Member
Oct 18, 2010
420
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22-12-2016
AOR Received.
30-01-2017
Med's Done....
12-01-2017
Hi Last year (august) I arrived to Canada along with my wife, she got a student permit to study at Conestoga College 1 year post grad degree, so I got an Open Work Permit because I'm accompanying her. During this time I got a Work and my employer offered me a Permanent Full time job, obviously I took the job, and now I'm am an employee but my Open work permit will expire and the end of August. So I wanna know If I have to apply for the extension of my open work permit alone (supporting of my job offer) or I have to apply along my wife???, I know that she has to apply for an Post-Grad Work Permit too, but the question is, ¿we have to apply together again? or I can do my application as soon as possible now that I have a permanent job, and then my wife should apply for her post-grad work permit? does anybody knows? please help me, thanks a lot.
 

jfalvitez

Hero Member
Oct 18, 2010
420
8
124
Canada
Category........
Job Offer........
Pre-Assessed..
Nomination.....
22-12-2016
AOR Received.
30-01-2017
Med's Done....
12-01-2017
And someone know if I have to take again the medical exams for extend the work permit?
 

canuck_in_uk

VIP Member
May 4, 2012
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London
App. Filed.......
06/12
jfalvitez said:
So I wanna know If I have to apply for the extension of my open work permit alone (supporting of my job offer) or I have to apply along my wife???, I know that she has to apply for an Post-Grad Work Permit too, but the question is, ¿we have to apply together again? or I can do my application as soon as possible now that I have a permanent job, and then my wife should apply for her post-grad work permit? does anybody knows? please help me, thanks a lot.
Hi

A permanent job offer does not qualify you for a work permit. In order to apply for a work permit on your own, your employer needs to obtain a positive Labour Market Impact Assessment. The employer must meet strict requirements and submit a comprehensive explanation as to why a Canadian citizen/PR couldn't be hired. The application costs the employer $1000. The process has just been completely overhauled, as explained here http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/index.shtml. Without a positive LMIA, you don't qualify for a work permit on your own.

You also do not qualify for a work permit based only on your wife's PGWP. She requires the PGWP AND a skilled job in order for you to qualify for another open work permit based on her status.

If you don't qualify through either of the above ways, then the only way for you to remain in Canada beyond August is to change your status to visitor. You would not be able to work.
 

jfalvitez

Hero Member
Oct 18, 2010
420
8
124
Canada
Category........
Job Offer........
Pre-Assessed..
Nomination.....
22-12-2016
AOR Received.
30-01-2017
Med's Done....
12-01-2017
Does I need to submit again a medical exam?
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
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Visa Office......
London
App. Filed.......
06/12
I can't say if you would need another medical or not. It will tell you when you go through the questionnaire.
 

jfalvitez

Hero Member
Oct 18, 2010
420
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124
Canada
Category........
Job Offer........
Pre-Assessed..
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22-12-2016
AOR Received.
30-01-2017
Med's Done....
12-01-2017
Yes really I don't know, I was consulting with some "experts in immigration" here in Canada some of them say YES other say NO, actually (she has a" off campus work permit" but she could not get a job until now) now she will be applying for her Post-Grad Work Permit.
However I have a job with full time and permanent job offer, (I got that job using my Open Work Permit) the problem is that my open work permit will expire on august... So I need to know if a could get in one way or another an extension of that Open Work Permit? my employer says that my job is no a skilled (0, A o B) so i don't need a LMO, its that true? So I know if a apply for a "Closed Work Permit" should be impossible because I wont have a LMO. The only thing that I want is keep working, otherwise my future in Canada will be sad!
 

jfalvitez

Hero Member
Oct 18, 2010
420
8
124
Canada
Category........
Job Offer........
Pre-Assessed..
Nomination.....
22-12-2016
AOR Received.
30-01-2017
Med's Done....
12-01-2017
If you can explain me, this page (bold paragraph):

http://www.canadavisa.com/canadian-immigration-open-work-permits.html
The Open Work Permit Advantage
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Under Canada immigration regulations, spouses and common-law partners of temporary foreign workers and foreign students, who themselves want to work in Canada, will need an Open Work Permit. Open Work Permits are also available through the Post-Graduation Work Permit Program for international students.
The holder of an Open Work Permit can work for any Canadian employer, without first having a confirmed offer of employment.

An Open Work Permit is not job-specific.

Under Canada immigration regulations, Open Work Permits may be applied for by:
the spouses or common-law partners of foreign temporary workers;
the spouses or common-law partners of foreign students;
international students who have graduated from a Canadian post-secondary institution (new as of April 2008).

To be eligible for an Open Work Permit, graduating international students must meet the requirements under the Post-Graduation Work Permit Program.

To be eligible for an Open Work Permit, the spouse or common-law partner of a foreign temporary worker must demonstrate that:
the principal temporary foreign worker has work in Canada that is at a management level or a job in a professional occupation or as a technical or skilled tradesperson. In other words the skill level of the principal temporary foreign worker’s job must be level 0, A or B according to the National Occupational Classification (NOC).
This skill level requirement does not apply to principal temporary foreign workers who have been nominated for permanent residence by a province (provincial nominees).
the principal temporary foreign worker is permitted to work in Canada for a period of at least six months.

To be eligible for an Open Work Permit, the spouse or common-law partner of a foreign student cannot themselves be full-time students and must demonstrate that:
the foreign student is studying full-time at a diploma/degree-granting, publicly-funded post-secondary educational facility; [size=10pt]or
the foreign student has graduated and is the holder of a valid work permit for a job related to his/her studies.
[/size]

For spouses and common-law partners, Open Work Permits are generally issued with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.
 

Inthemidst

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Nov 6, 2013
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canuck_in_uk said:
Hi

A permanent job offer does not qualify you for a work permit. In order to apply for a work permit on your own, your employer needs to obtain a positive Labour Market Impact Assessment. The employer must meet strict requirements and submit a comprehensive explanation as to why a Canadian citizen/PR couldn't be hired. The application costs the employer $1000. The process has just been completely overhauled, as explained here http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/index.shtml. Without a positive LMIA, you don't qualify for a work permit on your own.

You also do not qualify for a work permit based only on your wife's PGWP. She requires the PGWP AND a skilled job in order for you to qualify for another open work permit based on her status.

If you don't qualify through either of the above ways, then the only way for you to remain in Canada beyond August is to change your status to visitor. You would not be able to work.

Hi there,

Even we are on the same page . I have a doubt . If the PGWP holder (who currently doesnt have a job )is going to renew his PGWP and if the spouse is currently having a full time job will she qualify for a closed work permit ???
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,200
Visa Office......
London
App. Filed.......
06/12
jfalvitez said:
However I have a job with full time and permanent job offer, (I got that job using my Open Work Permit) the problem is that my open work permit will expire on august... So I need to know if a could get in one way or another an extension of that Open Work Permit? my employer says that my job is no a skilled (0, A o B) so i don't need a LMO, its that true? So I know if a apply for a "Closed Work Permit" should be impossible because I wont have a LMO. The only thing that I want is keep working, otherwise my future in Canada will be sad!
Your job offer is worthless without a positive LMIA (new name for LMO) and your employer is an idiot, as you most definitely require one.

You cannot get an OWP based on your partner's PGWP until she has a skilled job.

You have no other options to continue working.


Inthemidst said:
Even we are on the same page . I have a doubt . If the PGWP holder (who currently doesnt have a job )is going to renew his PGWP and if the spouse is currently having a full time job will she qualify for a closed work permit ???
A PGWP cannot be renewed. Closed work permits require a positive LMIA.
 

Inthemidst

Hero Member
Nov 6, 2013
389
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App. Filed.......
Dec 12 2015
Doc's Request.
Jan 4th
AOR Received.
Dec 12th
Med's Done....
upfront
Passport Req..
waiting
Hi,I am planning to apply for my PGWP. My wife is working here (who holds an Open work permit) and our Visa will expire in August. Is it a good idea to apply (for my PGWP and to extend her work permit )together on a single file. Or shall I apply for PGWP first ; get it approved and then extend her work permit.. please advise...
 

scylla

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Jun 8, 2010
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Inthemidst said:
Hi,I am planning to apply for my PGWP. My wife is working here (who holds an Open work permit) and our Visa will expire in August. Is it a good idea to apply (for my PGWP and to extend her work permit )together on a single file. Or shall I apply for PGWP first ; get it approved and then extend her work permit.. please advise...
Your wife can't apply to extend her open work permit until you have a full time job. Do you have a full time job?
 

jfalvitez

Hero Member
Oct 18, 2010
420
8
124
Canada
Category........
Job Offer........
Pre-Assessed..
Nomination.....
22-12-2016
AOR Received.
30-01-2017
Med's Done....
12-01-2017
One more thing, I want to know If my wife renew her Study Permit (study one more program, she has already finished one) Can I extend my Open Work Permit too? and continue working? Thanks
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,200
Visa Office......
London
App. Filed.......
06/12
jfalvitez said:
One more thing, I want to know If my wife renew her Study Permit (study one more program, she has already finished one) Can I extend my Open Work Permit too? and continue working? Thanks
Yes, if she is accepted to another college/university program, you can submit an OWP extension along with her study permit extension.
 

imakhi

Newbie
Oct 28, 2014
3
0
Hi jfalvitez,

I am also in the same position as yours. Could you please let me know what happened to OWP?

It would be really helpful please.
 

marcotulio

Newbie
Oct 13, 2014
2
2
OK, I'm in the exact same situation as OP but with one BIG difference, my visa does not expire by the end of the course of my spouse but one year after the end of her course.

So, while she applies for PGWP and get her job do I still have my valid OWP?

Note: The expiration date on my OWP says that I have one more year after the end of her course but there's an observation that says that "I'm accompanying her that is a study permit holder".

My concern is: She holds the study permit which states that she need to pursue studies at the designated institution. I have a OWP that states that I'm accompanying her.
As soon as she finishes her studies will I be out of status? Or the date is the valid information here and I don't need to be concerned about all these observations?

Thank you!