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Help! Spouse of PGWP extension OWP refussed? What to do?

sindrom1992

Star Member
Feb 14, 2017
52
10
My partner was admitted for a Master's degree program at Canada university in January 2018. I decided to accompany him and we came to Canada in August 2018. He got a study permit and I got an open work permit both with an expiry date of December 31, 2019. Meanwhile, we decided that we wanted to stay in Canada and therefore we submitted an application on Express Entry pool in April 2019.

We received the invitation to apply for Residence Permit in May 2019 (me being the primary applicant). We applied on June 22, 2019. The estimated completion for our application according to the CIC progress bar was December 22, 2019. We recognized that there is a chance that there would be delays past our estimated completion date due to backlog, so that’s why decided to apply for work permits extension in parallel with our PR application.

He applied for Postgraduate Work Permit (PGWP) whereas I for an extension of open work permit.

Today, his PGWP was approved (until January 2023) whereas mine was refused on the basis that my partner is not employed in a skilled occupation, which is very odd as he was not requested to provide any proof he is employed, let alone in any of the National Occupation Classification Skill, when he applied for his PGWP.

I told my employer about the situation and she told me that i should stop working until we figure it out.

I also realized today that I could have applied for Bridging Open Work Permit, which would have meant that this would not happen.

I dont know guys what to do.Should I apply for restoration? Should i contact CIC and explain my sitiation? Should I get a lawyer? Also, will this affect our PR application which is expected to be approved soon.

Help me guys :(
 

scylla

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Jun 8, 2010
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My partner was admitted for a Master's degree program at Canada university in January 2018. I decided to accompany him and we came to Canada in August 2018. He got a study permit and I got an open work permit both with an expiry date of December 31, 2019. Meanwhile, we decided that we wanted to stay in Canada and therefore we submitted an application on Express Entry pool in April 2019.

We received the invitation to apply for Residence Permit in May 2019 (me being the primary applicant). We applied on June 22, 2019. The estimated completion for our application according to the CIC progress bar was December 22, 2019. We recognized that there is a chance that there would be delays past our estimated completion date due to backlog, so that’s why decided to apply for work permits extension in parallel with our PR application.

He applied for Postgraduate Work Permit (PGWP) whereas I for an extension of open work permit.

Today, his PGWP was approved (until January 2023) whereas mine was refused on the basis that my partner is not employed in a skilled occupation, which is very odd as he was not requested to provide any proof he is employed, let alone in any of the National Occupation Classification Skill, when he applied for his PGWP.

I told my employer about the situation and she told me that i should stop working until we figure it out.

I also realized today that I could have applied for Bridging Open Work Permit, which would have meant that this would not happen.

I dont know guys what to do.Should I apply for restoration? Should i contact CIC and explain my sitiation? Should I get a lawyer? Also, will this affect our PR application which is expected to be approved soon.

Help me guys :(
Once he is on a PGWP, you are only entitled to extend your OWP if he is working in a NOC A, B or 0 role. As part of your OWP extension, you were required to include proof of this including a letter from his employer and also three pay stubs to prove he is already working.

You are in Canada out of status now and have to stop working. Your employer is right. You are going to need to apply to restore your status and reapply for the OWP, this time providing the documents required to prove your spouse is working in a skilled role. No - this won't impact your PR application.

Note that the progress bar on your PR application is only an estimate. Lots of people wait far longer.