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

[erencie]

I am doing a Master degree at a public university and my husband has come over to Canada on "open work permit for spouse of international student". He has successfully secured a skilled job in NOC A and has started working now. Both of our visas (my study permit, his open work permit) has the length of 2 years.

There is one problem now. I tend to study "too fast" (i.e. took many courses within one semester) and there's a tendency for me to graduate earlier than the regular timeline of my program. According to the new regulation released by CIC a few days back, I know that once I graduate, my study permit will expire within 90 days.

Will my husband's open work permit also expire within 90 days upon my graduation? If he wants to continue his current job, what can he do? what can I do?

I know that for myself I can just apply a post-graduate work permit for international students; but I'm not sure how to let my husband also continue to have the valid work visa in Canada. Currently, my husband suggests me to "slow down" my pace in study and deliberately delay the graduation day. But my thinking is that: isn't it better that I have stronger study capabilities and graduate earlier than requirement? I think there might be better ways than deliberately delaying the graduation.

Hope to hear some suggestions in this forum. Thanks so much!

 

[maximin]

Once you complete your studies you have 90 days to apply for PGWP.
However, your PGWP will allow your husband to extend his OWP only if you have a job offer of NOC 0,A,B.

My advice: slow down in your studies and let the husband to collect more work experience for CEC. But you might need to take extra courses to maintain a full time status required for PGWP.

 

[canuck_in_uk]

Will my husband's open work permit also expire within 90 days upon my graduation? If he wants to continue his current job, what can he do? what can I do?

No. Your husband's permit is valid until the expiry date it states, regardless of when you finish your studies.

Once you've graduated, you can apply for the PGWP. If you are able to secure a NOC 0, A or B job, then your husband can apply for a new OWP that will be valid for the length of your PGWP. If you don't get a skilled job, your husband won't qualify for another OWP through your status. To continue his current job, his employer would need to obtain a positive LMO so he could apply for a closed work permit. If the employer won't do that, he can try to find another employer that will. If that doesn't work, he would need to change his status to visitor or leave Canada.

If your husband qualifies for CEC, applies and passes eligibility before his current permit expires, he could then apply for a Bridging Open Work Permit.

 

[erencie]

Thanks! That makes me a little more relieved. Since my early graduation won't affect my husband's existing open work permit, I can keep my own pace.

No. Your husband's permit is valid until the expiry date it states, regardless of when you finish your studies.

Once you've graduated, you can apply for the PGWP. If you are able to secure a NOC 0, A or B job, then your husband can apply for a new OWP that will be valid for the length of your PGWP. If you don't get a skilled job, your husband won't qualify for another OWP through your status. To continue his current job, his employer would need to obtain a positive LMO so he could apply for a closed work permit. If the employer won't do that, he can try to find another employer that will. If that doesn't work, he would need to change his status to visitor or leave Canada.

If your husband qualifies for CEC, applies and passes eligibility before his current permit expires, he could then apply for a Bridging Open Work Permit.

 

[maximin]

If you are not going to study for more than 90 days after graduation, your study permit may be considered invalid automatically.
Invalid study permit makes spouse work permit invalid. Work experience collected with invalid OWP will lead to rejection in CEC.

I strongly suggest call to CIC and explain your situation. They are the only reliable source for information.

 

[maximin]

Heard that EOI will replace every existing economic immigration class then.

can you please share a link to this news?

 

[erencie]

Sorry I just realized that there's no official news on this "replacement". I think I get this rumor from some forums and mistake it as a news. But anyway, EOI is going to be implemented in 2015 and that's for sure.

can you please share a link to this news?

 

[canuck_in_uk]

Invalid study permit makes spouse work permit invalid.

This is wrong. Spouse work permit is valid until it expires.

 

[maximin]

This is wrong. Spouse work permit is valid until it expires.

She is the principal applicant. His OWP depends on her SP.

Anyway, I hope erencie will cal to CIC for official answer.

 

[canuck_in_uk]

She is the principal applicant. His OWP depends on her SP.

I'm aware of that. In situations where an OWP is issued based on a spouse's status (either student or skilled worker), cancellation of the original permit doesn't cancel the spouse OWP as well.

The new regulations that come into effect in June address only the invalidation of the study permit after 90 days. CIC has not stated that a dependent spouse's OWP will be invalidated as well.

 

[Regina]

I tried to find info about student's spouse OWP expiry date but so far found for worker's spouse OWP
If your spouse or common-law partner gets an open work permit, it is normally valid for the same period as yours.http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17
So I suppose the same story is with a student's spouse OWP.

But the best way to figure it out is to call CIC.

 

[erencie]

I'll confirm with CIC in the future when I have time to make the call, and update here accordingly. Although I wish what canuck_in_uk said is correct, I think for such an ambiguous situation, it's better to be mentally prepared for the worse case.

I tried to find info about student's spouse OWP expiry date but so far found for worker's spouse OWP
If your spouse or common-law partner gets an open work permit, it is normally valid for the same period as yours.
So I suppose the same story is with a student's spouse OWP.

But the best way to figure it out is to call CIC.

 

[ak2]

Hi,

I just got into the same situation.
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?

I followed this post and I am not sure what the correct answer is!

Has anyone called CIC and got a confirmation?

 

[cosmo777]

I've done a lot of research on this topic and I can't seem to find a straight answer. But, in my opinion, the spouse with the open work permit should stop working once the their partner (spouse) stops studying full-time.

To qualify for an open work permit the rules are quite clear...the spouse must be enrolled in university/college full-time. Once the student has finished their studies they have 90 days until their SP becomes invalid - so at the most, the OWP would remain valid until these 90 days have elapsed since it's connected to the study permit.

I think this interpretation makes the most sense otherwise you'd have international students switching from long degree programs to short programs so that their spouse can obtain a long work permit while the study permit holder does nothing.

Also, I don't think it's possible for each spouse to hold an OWP at the same time unless one of them is performing "skilled" labor.

The best solution in this case is for the working spouse to apply for an LMIA...in my opinion.

 

[erencie]

Hi ak2. I didn't call CIC. But I think cosmo777's answer to your question is correct--that your study permit expire 3 months after you officially graduate and your spousal work permit also expire 3 months after you officially graduate (it makes sense). For me I just quickly get a job in 0AB category and wait for my first payslip from the job so that I can apply a new spousal work permit for my husband again (Any person working in NOC 0, A, B and have a payslip can apply spousal work permit for his/her spouse).

Hi,

I just got into the same situation.
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?

I followed this post and I am not sure what the correct answer is!

Has anyone called CIC and got a confirmation?