OPEN WORK PERMIT AFTER PNP

[schopra3]

hello everyone,

i am a post graduated work permit holder right now. I just got my AINP approved yesterday and my husband as a dependent too. My husband has already been rejected twice for TRV, should AINP increase any chance for SPOUSE OPEN WORK PERMIT now.

Please advice , which way to go will be better.


Regards

 

[fkl]

Not really (i.e. help via AINP), even a PR's spouse cannot apply for work permit. You have to get him / her through Family sponsorship in that situation.

However, while being on PGWP, you need to have a NOC 0, A or B level job to be able to apply for SOWP. TRV application for a spouse is always a wrong decision. No spouse intends to visit his / her partner for a short time, they want to live together.

 

[jbrown]

Hello fkl,
Are you sure about this? my friend who was recently nominated by a province (married, 3 kids, and all living in Canada already) wishes to get his spouse an Open Work Permit based on the nomination. Is this possible?

 

[fkl]

Those already in Canada being a spouse of a work permit holder can apply for OWP. But spouse of a PR or Citizen (not a work permit holder) who is not in Canada does not qualify. This is my understanding.

This is the official reference.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

I know of at least one person from this forum who tried and was refused citing the very same reasons i.e. principal applicant was a PR (not a wp holder) and he tried getting his spouse from back home on SOWP while his spousal sponsorship was in process.

The case you mentioned falls in point 1 of link above where you are "already working in Canada".

Hope it helps

 

[fkl]

I realized the earlier posted description from CIC is a bit vague. Plus there have been updates to the formal process by CIC.

http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html

The above should really help. But the jist is, if you are applying INLAND for PR, your spouse would be eligible for wp as soon as first stage is cleared. But if you are applying OUTLAND, they are not.

 

[jbrown]

Hello fkl,

Let me clarify, in the situation described by the previous poster (schopra3), she is a Provincial Nominee and she doesn't have Permanent Residence yet. I'm assuming that she included her husband in her provincial application as a dependant so the sponsorship process does not apply in this case. The husband is already included in the nomination (same as my friend).

In this case, they meet criteria #1 of the 1st link you provided, so are spouses of Nominees eligible for an Open Work Permit regardless of what skill type the Nominee is working at?.....is the nomination an open ticket for spousal OWP?

 

[fkl]

Hi Jbrown,

That clarifies the situation and it is different from what i thought first. I don't know if nomination is an open ticket in particular when principal applicant has a low skilled job. It might be on a case to case basis viewing the complete profile of applicants.

Take a look at following threads - they might be helpful
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-open-work-permit-for-provincial-nominee-refused-t148504.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/could-provincial-nominees-spouse-apply-open-work-permit-in-inland-canada-t68458.0.html