If I finish my degree earlier than required, can my spouse continue to work?

[canuck_in_uk]

I graduated in February 2015 but my Spouse's work permit's expiry date is November 2015.

So, is her work permit invalid after 90 days of my graduation or it is valid until November 2015?

A work permit is valid until it expires. She may continue working without issue until November.

 

[ak2]

Thank-you.

YES. I just talked to an immigration lawyer and the spouse's work permit is valid until its expiry date regardless of me being graduated or not.

 

[cosmo777]

If the following rule applies to International Students who have work permits then why wouldn't it also apply to their spouses who have open work permits connected to their study permits?

"You must stop working on the day you no longer meet the above eligibility requirements (e.g., if you are no longer a full-time student during an academic session."

http://www.cic.gc.ca/english/study/work-offcampus.asp

To suggest that CIC can't revoke or cancel a work permit is irresponsible. It may not be common but it can happen if a foreign worker is not complying with the rules.

 

[ak2]

The link you sent is about study permit and not a work permit. It means that no work permit has been issued for the student and the student is allowed to work up to 20 hours/week with having only the study permit.

So, you need to be a full time student if you want to work with a study permit. It's a totally different situation from spouse's work permit.

this is as far as I understand it. I might be wrong!

 

[cosmo777]

Hi AK2,

The link I provided means that the right to work in Canada comes with certain conditions and if those conditions are no longer being met then the student/worker may lose their right to work.

That's how I understand it...

If the right to work could not be revoked than anyone with a WP would not have any incentive to follow the rules - this would cause Canada to be flooded with fake students who are simply after work permits for themselves or their spouses.

Pls remember...there's a big difference between what someone might get away with and what's legal.

 

[canuck_in_uk]

If the right to work could not be revoked than anyone with a WP would not have any incentive to follow the rules - this would cause Canada to be flooded with fake students who are simply after work permits for themselves or their spouses.

Lol, this is a common reason for applying for study permits. CIC manages to weed most of them out as non-genuine students but many still get through.


There is absolutely nothing that states that a person's work permit is invalidated when their spouse stops studying. Once the work permit is issued, it is separate from the study permit and valid until it expires.

 

[cosmo777]

"There is absolutely nothing that states that a person's work permit is invalidated when their spouse stops studying. Once the work permit is issued, it is separate from the study permit and valid until it expires."

There is nothing that says it won't be (or can't be) revoked either...

You mean to say that a student can enter Canada on a 4 year study permit with their spouse who has a 4 year open permit and the student can switch to a one year college program and CIC would allow the spouse to keep working for 4 years.

Technically speaking, the study permit holder would have to leave Canada long before the work permit holder once their 1 year college program has finished - this would leave the spouse (OWP holder) in Canada long after their spouse has left - this scenario doesn't make sense.

And 4 year SP are handed out all the time...

 

[cosmo777]

The following quote relates to open work permits that were granted based on a WP that was granted to another foreign national (ie a spouse). Similar situation ...I think.

I think this rule contradicts your earlier statement that SOWPs can't be revoked.


A work permit may be revoked if:


(e) the work permit was issued to a foreign national on the basis of their relationship to another foreign national and the work permit of that other foreign national has since been or is currently being revoked.

http://www.mariacampos.ca/en/articles-publications/revocation-lmo-work-permit/

 

[ak2]

Cosmo777,

1) I am kinda offended by you saying "Pls remember...there's a big difference between what someone might get away with and what's legal."

2) I searched alot and could not find a reliable answer to my question. I decided to talk to an immigration lawyer because I, like many other people, want to study/work legally and not trying to get away with anything.

3) None of the links and references you have provided is related to my situation/question. I am graduated and have PGWP with a job @ NOC A. Does my wife need to renew her work permit (which is still valid until Nov. 2015) issued based on my study permit?
According to the lawyer, her work permit is valid until it's expiry date and she can continue working legally.

 

[cosmo777]

Didn't mean to offend...my apologies.

In your case you're probably fine because you're a skilled worker...the point I'm trying to make is that if an international student drops out of school or finishes early and either doesn't find a skilled job or chooses not to apply for a PG work permit for whatever reason then the spouse who holds the WP may be at risk...


People in this forum want to believe that SOWPs are untouchable once granted and I really don't think that's the case especially if misrepresentation is involved.

In fact, the only reason I joined this forum was to find info about a similar case involving someone I know...I've concluded (based on alot of info) that once a study permit is invalidated so is the original SOWP.

 

[canuck_in_uk]

I think this rule contradicts your earlier statement that SOWPs can't be revoked

A work permit may be revoked if:

(e) the work permit was issued to a foreign national on the basis of their relationship to another foreign national and the work permit of that other foreign national has since been or is currently being revoked.

http://www.mariacampos.ca/en/articles-publications/revocation-lmo-work-permit/

1. This is from an unofficial source and therefore counts for nothing. Post from an official source such as CIC or IRPA.

2. This apparently refers to work permits that are formally revoked by CIC (which virtually NEVER happens anyways) and has nothing to do with study permits.


A dependent work permit is valid until it expires.

 

[cosmo777]

The linked website quotes a directive from Chris Alexander (the Minister of Citizenship and Immigration) - this is clearly stated within the link. The rule took effect on Dec 31st 2013. Pls re-visit the source if you need confirmation.

http://www.mariacampos.ca/en/articles-publications/revocation-lmo-work-permit/

By the way, are you really saying that an OWP may be obtained through any means necessary (including misrepresentation) and once held, it can't be taken away?

Wow!

 

[canuck_in_uk]

By the way, are you really saying that an OWP may be obtained through any means necessary (including misrepresentation) and once held, it can't be taken away?

The stupidity of this statement in light of what I've posted is ridiculous. I never once stated that. As per the new rules, study permits can be automatically invalidated. However, work permits, regardless of how they are obtained, must be formally revoked by CIC, which pretty much never happens unless the permit holder has committed a crime. Even the link that you posted refers to a dependent work permit being FORMALLY REVOKED because the PA spouse's permit was FORMALLY REVOKED. The revocation of the dependent permit IS NOT automatic based on the revocation of the PA work permit.

 

[PeachCEC]

The stupidity of this statement in light of what I've posted is ridiculous. I never once stated that. As per the new rules, study permits can be automatically invalidated. However, work permits, regardless of how they are obtained, must be formally revoked by CIC, which pretty much never happens unless the permit holder has committed a crime. Even the link that you posted refers to a dependent work permit being FORMALLY REVOKED because the PA spouse's permit was FORMALLY REVOKED. The revocation of the dependent permit IS NOT automatic based on the revocation of the PA work permit.

I have the same question in mind. Just went to POE and got a spousal owp valid till 2017. But what if my spouse graduated earlier than this? Does that mean my work permit is not valid?

 

[canuck_in_uk]

I have the same question in mind. Just went to POE and got a spousal owp valid till 2017. But what if my spouse graduated earlier than this? Does that mean my work permit is not valid?

Your work permit is valid until it expires.