Is this spousal option in the work permit valid?

[Pk994]

My husband has been working in Canada for the past 2 years and his pgwp is expiring in June. He is currently visiting me in India. We found out that it is possible to apply for the extended pgwp option under the new public policy and he might be able to apply from within India.
As he was filling in the application we saw this option of submitting an application for a family member. We were under the assumption that spousal work permit was possible only in cases of approved pgwp so was confused if this was a valid option and if there was any hope for me to be able to go with him.
To summarize my situation, we have been married for a year and half now (since 2019 November) Submitted our pr application in November 2019. I applied for visiting visa twice which got rejected due to dual intent. Waited a year and half and recently found out through gcms notes that our application has not been touched since April 2020! We tried contacting the MP in his area but nothing much came out of that. We have tried every way possible to get around this but nothing has worked out so far. He’s returning back to Canada first week of May.

 

[scylla]

My husband has been working in Canada for the past 2 years and his pgwp is expiring in June. He is currently visiting me in India. We found out that it is possible to apply for the extended pgwp option under the new public policy and he might be able to apply from within India.
As he was filling in the application we saw this option of submitting an application for a family member. We were under the assumption that spousal work permit was possible only in cases of approved pgwp so was confused if this was a valid option and if there was any hope for me to be able to go with him.
To summarize my situation, we have been married for a year and half now (since 2019 November) Submitted our pr application in November 2019. I applied for visiting visa twice which got rejected due to dual intent. Waited a year and half and recently found out through gcms notes that our application has not been touched since April 2020! We tried contacting the MP in his area but nothing much came out of that. We have tried every way possible to get around this but nothing has worked out so far. He’s returning back to Canada first week of May.

A spousal open work permit is only possible if your husband has a NOC A, B or 0 job in Canada and can provide an employment letter and three current payslips proving he is working that role. If he does not have a NOC A, B or 0 job in Canada, then a SOWP is not possible at this time. If your TRV was previously refused, then you can certainly for the SOWP but will have to overcome the reasons for the previous refusals with a stronger application.

I'm not sure if it's possible for your husband to apply under the public policy from outside of Canada. See the requirements in the link below and specifically the one I have bolded. I guess you can try and see what happens.

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/pgwp-extend.html

Who can apply
To be eligible for this open work permit, you must meet the following 5 requirements:

1. Your post-graduation work permit (PGWP)
   1. expired on or after January 30, 2020, or
   2. will expire within 4 months from the date you apply for this open work permit.
2. You were in Canada as of January 27, 2021, when the public policy took effect, and have stayed in Canada since then.

 

[Pk994]

Oh god yes. Thank you! We had read that wrong. So his only option is to go there and apply for a BOWP I guess?
Also, since I have 2 visa rejections from last year and the final decision on our PR hasn’t come yet, is it possible for me to apply for another visiting visa? Would it affect our PR in some way? I have an exam to give in August. I could not give it last year due to the visa rejections and I’ll lose another year if I don’t give it this year.
Again, thank you for your response

 

[canuck78]

My husband has been working in Canada for the past 2 years and his pgwp is expiring in June. He is currently visiting me in India. We found out that it is possible to apply for the extended pgwp option under the new public policy and he might be able to apply from within India.
As he was filling in the application we saw this option of submitting an application for a family member. We were under the assumption that spousal work permit was possible only in cases of approved pgwp so was confused if this was a valid option and if there was any hope for me to be able to go with him.
To summarize my situation, we have been married for a year and half now (since 2019 November) Submitted our pr application in November 2019. I applied for visiting visa twice which got rejected due to dual intent. Waited a year and half and recently found out through gcms notes that our application has not been touched since April 2020! We tried contacting the MP in his area but nothing much came out of that. We have tried every way possible to get around this but nothing has worked out so far. He’s returning back to Canada first week of May.

How long is he visiting you? Is he currently working in Canada? To reenter Canada he will need to show proof that he is currently employed in Canada or has a job offer or that he has a home in Canada he is returning to.

 

[Pk994]

He is a machine learning engineer in Canada. Has been staying in Toronto for +2 years now. He is visiting for 5 months and will return in May

 

[scylla]

Oh god yes. Thank you! We had read that wrong. So his only option is to go there and apply for a BOWP I guess?
Also, since I have 2 visa rejections from last year and the final decision on our PR hasn’t come yet, is it possible for me to apply for another visiting visa? Would it affect our PR in some way? I have an exam to give in August. I could not give it last year due to the visa rejections and I’ll lose another year if I don’t give it this year.
Again, thank you for your response

Yes - the BOWP is the right option for him to apply.

You can try applying for another TRV however given you already have two refusals, the chances of another refusal are extremely high unless you can put together a much stronger application. Having to take an exam most likely won't strengthen your application.

There is also a travel ban currently in place on non-essential travel (visiting would be classified as non-essential). The travel ban will most likely still be in place in May. I would personally wait until your husband has returned to Canada and is working in a NOC A, B or 0 role, then apply for an OWP instead.

Good luck.