Open Work Permit for Spouse Under Post Grad Work Permit

[tindiazqureshi]

Hello! I'm new to this forum and hopefully, someone could help me regarding my situation. I applied my post grad work permit on June 1, 2011 and I include my husband as my dependent so he could get again an open work permit. To my surprise, his work permit got refused. My friend applied on January, 2011 and all his dependents got an open work permit. Is there any changes in immigration rule? Don't they give an open work permit for spouse under post grad work permit anymore? Any reply is much appreciated. Thank you in advance.

 

[enfield]

http://www.canadavisa.com/canada-immigration-discussion-board/post-graduation-visa-and-spouse-visa-t80770.0.html;msg954439#msg954439

 

[Leon]

It is not that they have changed the rules but they always have the right to refuse the family if they believe that the family may overstay. When you got your student visa, you could have applied for an open permit for your spouse at the same time. They could have refused you both or approved you and refused him. At any time during your studies, your husband could have applied for an open permit and again, they have full right to refuse him if they think he might be a risk to overstay.

 

[HUSSAM]

Hi everyone,

I already finished my master's degree in Electrical Engineering and I want to change my study permit to work permit to get a PR card. My question is am I qualified to change my study permit to work permit and do I have to have a job to obtain a PR card.
Thanks all.

 

[Leon]

If you have graduated a course in Canada, you may qualify to apply for a post-grad work permit, see http://www.cic.gc.ca/english/study/work-postgrad.asp but you must apply within 90 days of your graduation. This will give you an open work permit, valid between 8 months and 3 years, depending on how long you studied. With that work permit, you can work for anybody who will hire you.

To apply for a PR card, you must find an immigration class you qualify under. You can look into the provincial nominee program in your province. They might have a graduate class or when you start working, your employer might sponsor you. Another options would be if you studied for 2 years or more, you could work a skilled position for 1 year and then apply under Canadian experience class. You can look at http://www.cic.gc.ca/english/immigrate/index.asp to see the different immigration classes.

 

[tindiazqureshi]

Thanks Leon for the information. My husband got an open work permit during my study period. When i applied for post graduate work permit, I included him but unfortunately, his permit got refused and has to apply for restoration of status. We didn't expect that, otherwise, we could have asked his employer to give LMO for him. Could you give me advise of what to do next? We have two options, either to apply restoration of status-Visitor or restoration of status-Work Permit. I think restoration of status-work permit has a big chance since his employer is willing to give him one but the processing of LMO might take time and we have to apply for the restoration of status within 90 days. In case, his LMO wouldn't be released within the 90 day frame, restoration of status for visitor is only our option but what are the chances of getting approved? Your advice would be a very big help to us and is much appreciated. Thanks in advance.

 

[Leon]

Thanks Leon for the information. My husband got an open work permit during my study period. When i applied for post graduate work permit, I included him but unfortunately, his permit got refused and has to apply for restoration of status. We didn't expect that, otherwise, we could have asked his employer to give LMO for him. Could you give me advise of what to do next? We have two options, either to apply restoration of status-Visitor or restoration of status-Work Permit. I think restoration of status-work permit has a big chance since his employer is willing to give him one but the processing of LMO might take time and we have to apply for the restoration of status within 90 days. In case, his LMO wouldn't be released within the 90 day frame, restoration of status for visitor is only our option but what are the chances of getting approved? Your advice would be a very big help to us and is much appreciated. Thanks in advance.

I think it is unusual for him to be refused now if he was already on a work permit. You can apply to change his status to visitor and explain that the reason is that you want to stay together, he was already on an open work permit while you were studying and he now needs time for his employer to get an LMO so he can apply for a regular work permit. If you send it by mail, he has implied status while they are working on it which takes something like 4 or 5 months these days. When he gets the LMO, he can apply for his work permit online which is faster. Takes about 2 months and something. It is however possible that if they think they had a good reason to refuse him before, that they will refuse him again. You can also try to talk to your MP and have them make enquiries. Maybe it was a mistake that he was refused.

 

[tindiazqureshi]

I think it is unusual for him to be refused now if he was already on a work permit. You can apply to change his status to visitor and explain that the reason is that you want to stay together, he was already on an open work permit while you were studying and he now needs time for his employer to get an LMO so he can apply for a regular work permit. If you send it by mail, he has implied status while they are working on it which takes something like 4 or 5 months these days. When he gets the LMO, he can apply for his work permit online which is faster. Takes about 2 months and something. It is however possible that if they think they had a good reason to refuse him before, that they will refuse him again. You can also try to talk to your MP and have them make enquiries. Maybe it was a mistake that he was refused.

Thanks Leon for the advice. I know it was unusual for him to be refused that is why it was a big surprise to us. We called CIC and they said that law has changed. They used to give to families but they stopped and it was unfortunate for us. Now, my husband is coordinating with his employer regarding his LMO and hopefully to get it on time. Any idea how long will it take? We live in Saskatchewan. And one more thing, Leon, i hope you don't mind. Any idea of SINP? I'll be applying for a nomination in 3 months time. I believe, it will take another 3 months to approve. If approve, i will be entitled for another 2 years open work permit, am I right? And will my husband get the same 2 years open work permit under SINP? I want to thank you for replying and giving advice. At least, now, I can see a clear picture of what I have to do. I'm sorry but what does MP means? Thanks a lot.

 

[Leon]

Thanks Leon for the advice. I know it was unusual for him to be refused that is why it was a big surprise to us. We called CIC and they said that law has changed. They used to give to families but they stopped and it was unfortunate for us. Now, my husband is coordinating with his employer regarding his LMO and hopefully to get it on time. Any idea how long will it take? We live in Saskatchewan. And one more thing, Leon, i hope you don't mind. Any idea of SINP? I'll be applying for a nomination in 3 months time. I believe, it will take another 3 months to approve. If approve, i will be entitled for another 2 years open work permit, am I right? And will my husband get the same 2 years open work permit under SINP? I want to thank you for replying and giving advice. At least, now, I can see a clear picture of what I have to do. I'm sorry but what does MP means? Thanks a lot.

I am not aware of SINP being able to give people open work permits.

MP = Member of Parliament

 

[ppon]

Hi tindiazqureshi and Leon .
I came here from the link below.
canadavisa.com/canada-immigration-discussion-board/open-work-permit-for-a-spouse-of-postgraduation-work-permit-holder-t81534.0.html

Our situation is totally same as tindiazqureshi's one.
We also called CIC Call Centre and they said spouse of PGWP holder was not eligible to apply for an open work permit.

By the way, we do not have right to vote but do you think we should try to contact MP to ask for help?

 

[Leon]

We also called CIC Call Centre and they said spouse of PGWP holder was not eligible to apply for an open work permit.

By the way, we do not have right to vote but do you think we should try to contact MP to ask for help?

CIC Call centre may be right but somehow strikes me as wrong that a spouse of a student can accompany them in Canada but as soon as they get their PG work permit, the family must leave?

You do not have the right to vote yet but the MP knows that in a few years, you may have citizenship and you will remember if he didn't help you.

 

[PMM]

Hi

CIC Call centre may be right but somehow strikes me as wrong that a spouse of a student can accompany them in Canada but as soon as they get their PG work permit, the family must leave?

You do not have the right to vote yet but the MP knows that in a few years, you may have citizenship and you will remember if he didn't help you.

May not seem right, but I pointed out in a thread about a year ago that under the Regulations that a spouse of PGWP holder was not eligible for an open work permit unless CIC was using R205

Canadian interests

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that
(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;
(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;

As other countries don't issue Spousal Work Permits, to PGWP in their country, then 205 wouldn't apply.

 

[tindiazqureshi]

Thanks Leon and PMM for the added information.

Hi PPON, it was unfortunate for us but somehow we have to move on. If you don't mind me asking, what is your next step? Does your spouse already applied for restoration of status? Is it visitor or work permit? Your reply is much appreciated.

 

[balakrishnannm]

Hello! I'm new to this forum and hopefully, someone could help me regarding my situation. I applied my post grad work permit on June 1, 2011 and I include my husband as my dependent so he could get again an open work permit. To my surprise, his work permit got refused. My friend applied on January, 2011 and all his dependents got an open work permit. Is there any changes in immigration rule? Don't they give an open work permit for spouse under post grad work permit anymore? Any reply is much appreciated. Thank you in advance.

Hi there

I'm new here but from what i see from CIC website I presume

You can get an open work permit if:-
1) Your spouse or CLP is a full time student in any publicly funded institution for postsecondary Studies
2) Your spouse has a regular work permit. (Not PGWP)

I am not usre if its a change in rule....



cheers

 

[tindiazqureshi]

Hi there

I'm new here but from what i see from CIC website I presume

You can get an open work permit if:-
1) Your spouse or CLP is a full time student in any publicly funded institution for postsecondary Studies
2) Your spouse has a regular work permit. (Not PGWP)

I am not usre if its a change in rule....



cheers

Thanks for the reply. Yeah you are right. They have changed the rule, i guess. Because my friend applied open work permit for his wife while he was on PGWP and CIC granted the open work permit but it was early this year. By July, they refused the open work permit for spouse under PGWP. Now, my husband is going to apply for Restoration of Status Visitor. Any idea about that? Have you known someone who applied for that? Thanks once again.