New Changes To Spousal Open Work Permit!

[Tomican]

1. Only Students Studying In PGWP Eligible Courses Can Apply For Spousal Open Work Permit
2. There can now only be 1 principal foreign national for a family
3. Requirement for proof of a genuine relationship

More details:
https://immigrationnewscanada.ca/new-changes-to-spousal-open-work-permit/

 

[GandiBaat]

This is a terrible change!

I am a worker here in Canada arrived as a international company transfer with my wife, so I will be so called "principal foreign national". My wife has recently (Aug 2021) joined a Masters program in STEM field in Canada. Later based on her performance she was offered a Phd program which may very well last for 3-4 years. My own work permit expires in Nov 2022 ie next year. When she accepted Phd program, she thought I could still continue to live with her on a SOWP! This policy changes everything!

This is very typical bait and switch! Bait us using a pathway for spouse to remain in Canada and then switch with new immigration policy without any god damn warning! Atleast keep those who are already in Canada away from such bait and switch approach. Or advertise in advance that you are going to switch so people will not put themselves in precarious position.

Fuck you Canada and Fuck you IRCC!

So now either I should get PR OR face separation from my spouse and Child! What a fucked up way to run an immigration policy!

I have applied for PR under CEC but if it gets rejected (for any fucked up reason that this piece of shit IRCC can invent), I am in total soup!

@scylla @k.h.p @canuck78

 

[Naturgrl]

This is a terrible change!

I am a worker here in Canada arrived as a international company transfer with my wife, so I will be so called "principal foreign national". My wife has recently (Aug 2021) joined a Masters program in STEM field in Canada. Later based on her performance she was offered a Phd program which may very well last for 3-4 years. My own work permit expires in Nov 2022 ie next year. When she accepted Phd program, she thought I could still continue to live with her on a SOWP! This policy changes everything!

This is very typical bait and switch! Bait us using a pathway for spouse to remain in Canada and then switch with new immigration policy without any god damn warning! Atleast keep those who are already in Canada away from such bait and switch approach. Or advertise in advance that you are going to switch so people will not put themselves in precarious position.

Fuck you Canada and Fuck you IRCC!

So now either I should get PR OR face separation from my spouse and Child! What a fucked up way to run an immigration policy!

I have applied for PR under CEC but if it gets rejected (for any fucked up reason that this piece of shit IRCC can invent), I am in total soup!

@scylla @k.h.p @canuck78

How does this policy change your situation? I don't see it changing your plan at all.

 

[GandiBaat]

How does this policy change your situation? I don't see it changing your plan at all.

I am a temporary worker who arrived with his wife. So according to this policy I am the so called "Principal Foreign National". Actually, according to the policy I am this "Principal Foreign National" for myself and my wife for ever. There is no limit mentioned there.

My status expires in Nov 2022 with no option of extension. Its under IMP-ICT pathway. I cannot extend it.
In late 2020, my wife got admission to a good public university under MEng program. She was also evaluated for Phd and later after on term (3 months) she was found suitable for Phd.

Phd goes on for 4 years or so, AFAIK. So now my wife is in Phd and will have to stay in Canada for that time. My worker status will run out earlier.

When we considered her switching to Phd, this policy was neither announced nor known. at all. Otherwise, we would have not even agreed for Phd.
At that time SOWP was one way for me to live with my wife while she completes her studies.

Now, I cannot qualify for SOWP. Because under C42, "Principal Foreign National should be enrolled in designated learning institute". Which is NOT. I am principal foreign nation for I and my wife (for ever!). And I cannot be enrolled in "designated learning institute". This means I cannot get SOWP.

So either I get separated from my wife and kid for 3 years OR she quit her Phd.

I have applied for CEC based PR but that is not guaranteed. It may come or it may not come. SOWP is more reliable means to stay with your spouse.
Besides, this is bait and switch. Changing policy without warning in such a drastic manner is pure bait and switch.

 

[scylla]

This is a terrible change!

I am a worker here in Canada arrived as a international company transfer with my wife, so I will be so called "principal foreign national". My wife has recently (Aug 2021) joined a Masters program in STEM field in Canada. Later based on her performance she was offered a Phd program which may very well last for 3-4 years. My own work permit expires in Nov 2022 ie next year. When she accepted Phd program, she thought I could still continue to live with her on a SOWP! This policy changes everything!

This is very typical bait and switch! Bait us using a pathway for spouse to remain in Canada and then switch with new immigration policy without any god damn warning! Atleast keep those who are already in Canada away from such bait and switch approach. Or advertise in advance that you are going to switch so people will not put themselves in precarious position.

Fuck you Canada and Fuck you IRCC!

So now either I should get PR OR face separation from my spouse and Child! What a fucked up way to run an immigration policy!

I have applied for PR under CEC but if it gets rejected (for any fucked up reason that this piece of shit IRCC can invent), I am in total soup!

@scylla @k.h.p @canuck78

I don't have any actual (real, fact based) insights or information about this. However IMO you have been screwed over by the fact that IRCC put in a policy to stop what they have perceived as abuse of the process by previous applicants - although your situation is extremely different. Meaning that you are paying the price for the behaviour of those who came before you and who IRCC believes were gaming the system.

IMO there have been too many instances in the past where IRCC believes the non-primary spouse who went back to school wasn't a genuine student (e.g. took some low level diploma not aligned to their level of previous education or work experience) and only went back to school so that the primary spouse could get a SOWP. IMO IRCC sees this as an abuse of the process and that's why they put in this rule. Unfortunately this penalizes individuals in your situation where your spouse is obviously a genuine student and isn't trying to game the system.

Again, none of this is fact based. I have zero insider info. Just my assumptions.

 

[canuck78]

Agree that as the number of international students increases the amount of abuses of the system has increased. IRCC has been clamping down on these abuses first with the need to get a new study permit if you want to switch schools and programs and now this. To be fair you also arrived on ICT and it seems as though your spouse went back to school to secure a WP for you and allow the family to remain in Canada. Are you still working for the same employer? If they applied for an ICT they should be willing to apply for a closed WP for you.

 

[GandiBaat]

To be fair you also arrived on ICT and it seems as though your spouse went back to school to secure a WP for you and allow the family to remain in Canada

Errr.. Nope! I am very much on SAME CLOSED work permit (though extended with same conditions). I intend to be on same WP under the same conditions I came to Canada.

Are you still working for the same employer? If they applied for an ICT they should be willing to apply for a closed WP for you.

I am still working for SAME employer with a closed work permit though a fully owned subsidiary of them. I already got the extension and will hit the limit of ICT in Nov 2022. If they were to apply for a closed WP, that will mean LMIA process and I think that much worse. They have an already trained and working employee so any new comer will have less suitability and will require some downtime before becoming productive. If they go with that mindset, which I believe what my employer MAY do, then thats unjust to applicants applying during LMIA process, IMHO. It does not give them a fair interview and just wastes their time.

This change stops me from applying for a new status to continue to live with my family / spouse (which is what spousal open work permit is supposed to do).

Till this date I have never held ANY SOWP.

To be honest, I first got my wife a masters degree so that she could go back to India with a newly minted masters and find job after a break in career due to my assignment to Canada. That degree would have completed with my Closed WP and we would be having an option to leave Canada together (if our PR application falls through). Afterwards, her professor recommended her to pursue Phd. It appeared from the then existing policy that I can work while she studies and still remain in Canada.

Its a shitty decision on IRCC which screws over people who follow the intend and rule of the law. Whats worse is the bait and switch nature of this decision. It gives no "grandfathering" clause for those who are already pursuing education in Canada meaning it screws over you by baiting you first with a possiblity of letting you live with your spouse.

My wife and I have a kid born in Canada too. This decision actually screws us harder because if I have to leave Canada due to this new policy, it means now my wife will be rendered practically a single mother pursuing Phd in Canada. Its harder to pursue study in this situation.

 

[canuck78]

Errr.. Nope! I am very much on SAME CLOSED work permit (though extended with same conditions). I intend to be on same WP under the same conditions I came to Canada.


I am still working for SAME employer with a closed work permit though a fully owned subsidiary of them. I already got the extension and will hit the limit of ICT in Nov 2022. If they were to apply for a closed WP, that will mean LMIA process and I think that much worse. They have an already trained and working employee so any new comer will have less suitability and will require some downtime before becoming productive. If they go with that mindset, which I believe what my employer MAY do, then thats unjust to applicants applying during LMIA process, IMHO. It does not give them a fair interview and just wastes their time.

This change stops me from applying for a new status to continue to live with my family / spouse (which is what spousal open work permit is supposed to do).

Till this date I have never held ANY SOWP.

To be honest, I first got my wife a masters degree so that she could go back to India with a newly minted masters and find job after a break in career due to my assignment to Canada. That degree would have completed with my Closed WP and we would be having an option to leave Canada together (if our PR application falls through). Afterwards, her professor recommended her to pursue Phd. It appeared from the then existing policy that I can work while she studies and still remain in Canada.

Its a shitty decision on IRCC which screws over people who follow the intend and rule of the law. Whats worse is the bait and switch nature of this decision. It gives no "grandfathering" clause for those who are already pursuing education in Canada meaning it screws over you by baiting you first with a possiblity of letting you live with your spouse.

My wife and I have a kid born in Canada too. This decision actually screws us harder because if I have to leave Canada due to this new policy, it means now my wife will be rendered practically a single mother pursuing Phd in Canada. Its harder to pursue study in this situation.

Did you change jobs from the original ICT? The subsidiary should be the one specified on any WP you have not the parent company. Fail to see why you can’t apply for a closed WP. It is a valid option that you seem to be discounting while saying that your wife will be left as a single parent.

 

[GandiBaat]

Did you change jobs from the original ICT?

No.

The subsidiary should be the one specified on any WP you have not the parent company.

Indeed! Thats why I had to do a flagpole in 2019 when they moved me to the subsidiary. Both location and immediate employer changed back then. It was still under C12 criteria ie ICT Specialized skills.

Fail to see why you can’t apply for a closed WP.

Because of limit of C12 ICT WP for 5 years for specialized skills. Now to do a closed WP, employer will need to do a LMIA. That means rejecting a local as I mentioned above.

It is a valid option that you seem to be discounting while saying that your wife will be left as a single parent.

Unless my employer does LMIA and in process reject few locals, I cann't get closed WP, AFAIK. I will hate it. Absolutely. Usually LMIA is last resort for employers.

 

[canuck78]

No.


Indeed! Thats why I had to do a flagpole in 2019 when they moved me to the subsidiary. Both location and immediate employer changed back then. It was still under C12 criteria ie ICT Specialized skills.


Because of limit of C12 ICT WP for 5 years for specialized skills. Now to do a closed WP, employer will need to do a LMIA. That means rejecting a local as I mentioned above.


Unless my employer does LMIA and in process reject few locals, I cann't get closed WP, AFAIK. I will hate it. Absolutely. Usually LMIA is last resort for employers.

Are there locals who are available to do your job? ICT are more senior positions so there isn’t a guarantee that there are locals that are available to do the job. You do have the option for your employer to apply for an LMIA and if approved you can apply for a WP. There is an option if you want to pursue it and if your employer is willing to apply for the LMIA. If you don’t want to stay in Canada there also may be the option for your wife to graduate with a masters if she doesn’t want to pursue the PhD.

 

[GandiBaat]

Are there locals who are available to do your job?

A typical LMIA advertisement lasts for 4 weeks. We hire people all the time and it takes much longer than that to schedule one single interview after screening. So, its not that people do not exist in Canada, it takes more effort.We typical take 3-4 months to find, hire and onboard a decent engineer. By doing LMIA, they will not be giving even a fair chance for people to apply or get into interview loops. It can save my skin but I know for sure it is not a fair process.

Just hope my damn CEC goes through. In a twisted kind of manner, IRCC by blocking a totally genuine use of SOWP is promoting rather an unfair (for locals) path for work permit.