Open Work permit for spouse of PGWP holder

[androme]

I am on a spousal open work permit till April 2012. My wife has been a student since 2006 in Canada. SHe recently graduated and was granted her PGWP. We had send in an application for the extention of my spousal open work permit along with her PGWP application. However my application for the extention of spousal open work permit was rejected. can anyone help me understand why it was rejected and if spouses of PGWP holders are eligible for open work permit? If they are not, what other options do I have to stay back in Canada after April 2012. Your efforts, help and information will be greatly appreciated. Thank you.

 

[lavalava321]

according to this link

cic.gc.ca/english/information/faq/work/work-faq08.asp

if your spouse has a highly skilled job and has the work permit validity more than 6 months u shld be eligible. I am not sure why they rejected you. What did you do next? Any updates?

 

[manitha]

the open work permit only for whose spouse are under study permit or skilled CLOSED work permit holder only, PGWP is also kind of open permit .thats why urs is rejected and u are not eligible too.if your wife have closed permit than u are eligible,not on PGWP.

 

[lavalava321]

I am not sure if that is what the CIC website says. The website only mentions about the spousal wp validity being more than 6 months and the job being in NOC A,B and C category. It is nowhere mentioned that you need a closed work permit to be eligible for it. Could you please share a link or the official word on this if you have any knowledge of it.

Thanks

 

[mwan]

Hi adrome

I will be in your situation soon it seems mailed my application for pgwp last month still waiting for response....have you got any new info on how to get a owp for spouse? also are you able to continue working with your current OWP even if your spouse has changed to PGWP?

thanks,
mwan

 

[mwan]

HI lavalava321

I agree with you the website does not specifically say that the work permit has to be "closed" for spouse to be eligible in fact the website states that the spouse will get a work permit under the same conditions as the holder including lmo (if needed).

Maybe we should call the cpc and ask them again if the pgwp + skilled level job = eligibility for spouse OWP

Please keep us posted once your applications process.

wan

 

[androme]

I thank you all for your replies and post. I am still contemplating on my next move. Thinking about contacting a lawyer. Also maybe apply for a study permit and go to school for the next couple of years. My visa is valid till 04/2012 and I can work till then and I am working right now. After I visit the lawyer I will update you guys with the information and the susbequent steps that I will be undertaking to stay back.

 

[androme]

Hi guys,
I have hired a lawyer to deal with the rejection of my open work permit. THe lawyer says that if my spouse is in a NOC A,B or O level jobs I can def get the open work permit extended. My wife is a fianancial ananlyst with a bank. So we have applied for them to "reinstate" (the term used by the lawyer) my status and extend it till my wife has her permit through PGWP. Hoping for the best. Hope this info helps someone over here. I will keep you guys posted. Good Luck.

 

[shel]

I have the same problem. I'm on my PGWP and my job is NOC B. I called CIC call center twice and two different agents gave different answers. One said my wife can get OWP provided I include my employment letter and make sure to specify the NOC number. The other one said I need a closed work permit for my wife to get OWP. It is most amazing how CIC contradict themselves.

I have consulted two immigration consultant. Both of them said my wife should be able to get OWP. They actually have clients who have PGWP and got their spouses OWP. One of them sent me the section 5.38 of Foreign Worker Manual which specify the criteria for spouse OWP.

The forum post does not allow url. Search Foreign worker Manual and you'll get a 187 pages pdf on CIC website.

5.38. Public policy, competitiveness and economy R205(c)(ii)
The following programs are designated as work that can be performed by a foreign national
based on the criteria listed in R205(c)(ii).
A. Spouses or common-law partners of skilled workers, C41
Spouses or common-law partners of skilled people coming to Canada as temporary foreign
workers may themselves be authorized to work without first having a confirmed job offer. Eligibility
requirements of the principal foreign worker which allow the spouse to qualify for a work permit
are as follows:
• The principal foreign worker must be doing work which is at a level that falls within National
Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC's web
page at . The skill levels can be
found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled
tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least
six month's duration, or, if working under the authority of R186 without a work permit, must
present evidence that they will be working for a minimum of six months.
• The principal foreign worker and spouse must physically reside, or plan to physically reside,
in Canada while working.

androme, please, please keep us posted on the progress. I am thinking of hiring a lawyer myself. How expensive is it?

 

[androme]

Hi Shel,

Thank you for your comprehensive post. Truly appreciate that. We have hired Green and Speigel's Ravi Jain. He is considered to be an expert in the immigration field. My Wife's university's international office says that if we reapply with my wife's employment letter we should get it. However, we can't and don't want to take chances. Its a really good break for her. She has got a job as a Financial Analyst with one of the major banks in Canada and the last thing we need is to choose between the job and staying together. The lawyer is charging us $2500.00 on top of the application fees. They have send our file to "case management" in Ottawa. They say that it will take around 10 days for them to reply. Hopefully positively. I will keep you guys updated and posted. When we had gone to the lawyer for the first time, he mentioned that lately the CIC is delivering these kind of "ridiculous and nonsensical" rejections. I have also noticed that CIC came up with a new 4years cap for open TWP holders. I can't understand the logic behind this new rule. Is it because they think jobs are scarce for Canadians or is it something else. Anyways, thanks once again and good luck with your case.

 

[shel]

wow, that's pretty expensive. But if it only takes 10 days and can buy a peace of mind then it is definitely worth it. It is giving me such a headache and even a bit depression everyday I wake up. Best of luck and keep us posted!

 

[shel]

Hi androme, any news from case management?

 

[androme]

Sorry about the delay in replying Shel. I received my visa today and this is the first thing I am doing after receiving it. My lawyer said that the CIC is in aa rejection spree for all temp visas. However if your spouse is in the NOC A,B or O category jobs then they can't deny you the visa. I am pretty sure you would get it as well. ou probaably dont even have to go through a lawyer. Just give them proof of employment. Pay the application fees (yes again) and write them a letter stating that since your spouse is in the NOC A,B or O level job youo are entitled to an extention. They have given me for another 3 years which is what my wfe has her permit till.

 

[androme]

I wanna thank "LAVALAVA" and "MANITHA" and eveyone else for replying and sharing their thoughts. All of you have been a great support and I realy am obliged and appreciate all your efforts. Thank you guys. THe fact that you guys took time to reply made a big difference in our life. Thank you. I will try and give back.

 

[shel]

Sorry about the delay in replying Shel. I received my visa today and this is the first thing I am doing after receiving it. My lawyer said that the CIC is in aa rejection spree for all temp visas. However if your spouse is in the NOC A,B or O category jobs then they can't deny you the visa. I am pretty sure you would get it as well. ou probaably dont even have to go through a lawyer. Just give them proof of employment. Pay the application fees (yes again) and write them a letter stating that since your spouse is in the NOC A,B or O level job youo are entitled to an extention. They have given me for another 3 years which is what my wfe has her permit till.

That's great news, androme, congratulations! All the best!