Help : Study Permit and Spouse's open work permit information needed

[dsan_01]

I was following multiple threads on this newsgroup and must say that its a great place to ask and clear the doubts. I am also facing one related to Study and Open work permit. I know many like me are in similar confusions. I am providing all the information that i can so that I can get appropriate guidance from you guys.

Our Background
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I have got LOA from Univ of Windsor for inter/summer MEng session and my profile is 10th 77, 12th 71, BE in CSE 70 and IELTS 7. My spouse is having 10+ years of exp in IT and we have 4 year old kid. Now my query is on how to go forward with the visa process. All 3 of us have extensive travel history and have valid US and Canadian visitor visas. I have close family member in Canada

Let me know which option would be optimal for my situation and please point me where-ever my assumptions (like when can I travel, will my spouse work at that time etc) are incorrect.

Option 1
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We 3 apply at the same time in another 1 month. Study for me, OWP for my spouse and TRV for my kid (which she already have but still I need to add her into the application).
If we get the visa, then in Feb we all would go to my family member's place which is not in Ontario. Since my spouse would be a having OWP at that time so he can start looking for the job in Feb itself. As per my calculation chances for getting visa here is 50-50 but good thing is, in a single shot we all will be through and can start our life in Canada (provided my spouse can start looking for job with OWP in feb itself). If he cannot start working on OWP till my study starts then no point taking this risk.

Option 2 ( Have very less idea about this one so my assumptions can be wrong here)
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I apply for Study permit and get the visa. Go there in Feb.
Now when can I apply for OWP for my spouse and TRV for my daughter?
Can I apply immediately within 1 month or only after my study starts in May ?
What could be the timelines. I have no clue about this.
(Remember they both already have visitor visas but if they travel on TRV then my spouse cannot do/find job which I do not want. He should be employable when he lands there) Chances are that my spouse may get job offer from his old employer so he wants to be there asap and do not want to travel on TRV without OWP.
Now if I can apply for OWP for my spouse even before my study starts (that is in Feb itself) then it makes more sense to go ahead with this option but if I have to wait till say jun-july then its not a good option.

Appreciate if somebody can clear my confusions.

Thanks in advance

 

[canadahelp7]

You apply for study permit (without adding them to your application) and if approved, your partner and child can travel along with you . Although they will travel on TRV, he can apply for OWP on landing. This is based on your study permit approval and provided you are travelling ahead of him or all together (not if he is looking to travel prior and change his status to OWP to secure a job as he is obtaining the OWP based on your study permit approval & attendance)

 

[dsan_01]

Thanks for the reply.

Is it possible in our case that I travel to Canada as soon as I get study permit (probably in Feb but the classes will start in May), my husband and my daughter would travel with me but on separate ticket and will go to separate counter in immigration (because they will be travelling on TRV and will not be part of my application) . Once we all are there then within next 10-15 days (in Feb or start of march) I can apply for OWP for my husband.

Cannot the CIC will question that my classes have not been started and I have reached canada 2-3 months prior and on top of it now I am applying for OWP for my husband.

What will happen to my daughter. She already have TRV but for TRV you cannot stay more than 6months. What i need to do so that she can stay continously for 2 years.

 

[dsan_01]

Please reply to my query

 

[dsan_01]

Need more clarity. Somebody please ans my query

 

[canadahelp7]

No one can say what the officer at landing will decide to do if you plan to travel 4 months in advance. It is high likely they question why you decided to land early and how you plan to support yourself considering the fact you cannot work. I think you must be actively studying for your partner to be approved for OWP.

 

[dsan_01]

No one can say what the officer at landing will decide to do if you plan to travel 4 months in advance. It is high likely they question why you decided to land early and how you plan to support yourself considering the fact you cannot work. I think you must be actively studying for your partner to be approved for OWP.

I can understand that no one can predict what Immigration officer will do or ask at the landing but I want to know if I can even apply for my spouse's OWP much before my classes even start. Is it even allowable ? As it is mentioned above that "probably" I should be actively studying. Can somebody confirm this.

The reason I cannot wait till May because if I can get OWP near to Feb then I can atleast try to apply to the =Canadian jobs internally in my company before resigning in my home country.

If it is not even allowed then most probably I will end up in applying all the members in one shot and then pray

 

[canadahelp7]

I can understand that no one can predict what Immigration officer will do or ask at the landing but I want to know if I can even apply for my spouse's OWP much before my classes even start. Is it even allowable ?
If you apply for your study permit and his OWP outside canada, it is not questionable and he will be granted the WP which can be used to apply for internal postings. My response is in regards to him arriving in canada on TRV and converting to OWP 4months ahead of your semester start date. If you are aware that noone can predict the situation then you have the answer already.

As it is mentioned above that "probably" I should be actively studying. Can somebody confirm this.
I did not say "probably" instead it says "must". The response I have given is based on my attempt to apply for OWP which was granted by meeting the requisites on the website.

The reason I cannot wait till May because if I can get OWP near to Feb then I can atleast try to apply to the =Canadian jobs internally in my company before resigning in my home country.
If I were you, I will wait for the study permit to be approved. Then have your partner apply for internal postings - If he secures one, travel on TRV and convert status to OWP to take the position.

If it is not even allowed then most probably I will end up in applying all the members in one shot and then pray

 

[dsan_01]

Thanks a lot for clarifying.
Unfortunately, he tried for canadian job internally but the management is not getting permission to hire him just because they do not want to file work permit. They are ok if he already has a work permit. Hence the dilemma.

Its clear now that I cannot call him before my classes starts if we apply separately. May is too far for his management to wait.

Appreciate if you can comment on the following 2 points:

1> I have mentioned all my details in my first post. What are my chances for option1.
2> In case if I go with option2, my spouse will get OWP once I apply from within Canada. What I need to do for my daughter. She would be already in Canada on visitor visa (which means max 6 month stay).

Thanks in advance.