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Open Work Permit For Spouse

hiep3010

Full Member
Feb 10, 2013
32
0
Hi, I just have a couple questions, and really appreciate if anybody can help me.
My girlfriend and I are planning to get married next year. And once we do, she'll be able to apply for open work permit because of my work permit. I read that we can apply for it online even though she's living in Vietnam right now. And the processing time will be 34 days, according to this page right now,
cic.gc.ca/english/information/times/temp.asp
Please confirm with me if it's correct. Because that would be much faster compared to Vietnamese office (7 months)

And, another question, she'll apply for open work permit right after we get married (on paper only, since we don't have enough time for wedding preparation). Does it affect her chance of getting OWP?

Thank you!!!
 

Avez

Full Member
Aug 25, 2011
31
0
Toronto, ON
Category........
Job Offer........
Pre-Assessed..
hiep3010 said:
Hi, I just have a couple questions, and really appreciate if anybody can help me.
My girlfriend and I are planning to get married next year. And once we do, she'll be able to apply for open work permit because of my work permit. I read that we can apply for it online even though she's living in Vietnam right now. And the processing time will be 34 days, according to this page right now,
cic.gc.ca/english/information/times/temp.asp
Please confirm with me if it's correct. Because that would be much faster compared to Vietnamese office (7 months)

And, another question, she'll apply for open work permit right after we get married (on paper only, since we don't have enough time for wedding preparation). Does it affect her chance of getting OWP?

Thank you!!!
I suggest to apply paper... so that you can include more documents.... They (CIC) wants to see strong home ties (good job, bank balance/history, property, family ties, letters from rich parents/uncles/in-laws) for your spouses and a strong SOP which would convince them (CIC) that your spouse will leave Canada after the expiry of their visa...

My wife was refused a visitor visa twice...

First refusal (applied in Dec 2012 when my PG work permit was expiring in less than 6 months),
1. Current employment situation
2. Insufficient evidence of relationship

Second refusal (applied online in Feb 2013 along with my LMO work permit application),
1. Purpose of visit
2. Personal assets and financial status
3. Evidence of marriage or of continuing martial relationship


Hope this helps...
 

hiep3010

Full Member
Feb 10, 2013
32
0
But she'll be apply for work permit which means she's be coming here for a long time. They still consider factors that she'll need to leave after the permit expires?
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
hiep3010 said:
cic.gc.ca/english/information/times/temp.asp
Please confirm with me if it's correct. Because that would be much faster compared to Vietnamese office (7 months)
That is not correct. Applying online doesn't mean your application will be processed as application submitted "inside Canada". However, online submission has chances of being processed faster and if you are in a skilled profession, your case normally won't take 7 months unless there is some problem.

The time line for Vietnam would still apply. Read the link you gave again. There is first a separation between applications submitted inside canada vs outside. The current processing times are shown for inside canada.
 

hiep3010

Full Member
Feb 10, 2013
32
0
So does online submission really affect the result of the application because i think it shouldn't?
And if she'll apply for OWP based on my current work permit, does she still have to prove to the officer that she has a decent job, and money in the bank, so she'll come back? That sounds a little bit odd.

thanks
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
There are several reasons why online application might be processed faster and is considered better.

a) When you apply on paper, some one in CIC scans and uploads all your docs after verification and creates your file. This might take up to a week or more. You skip this step with online submission.

b) In case there is something wrong with your application (say they need a form or you missed a sign) and they want to return your app unprocessed so you fix and resubmit. Some times a physical submitted application lies dormant for months and you only discover it was incomplete when you ask CIC and they return it to you saying it was unprocessed and you should resubmit. This actually happened to me and i lost nearly 2+ months due to this even when mistake was on CIC's part i.e. they wrote something was waived in requirements incorrectly and i followed but they actually required it. When you submit online either your file is not accepted or created so you know right away OR they ask you latter to submit / upload additional docs while keeping the original date of submission intact.

c) Mostly, they ask for original docs when submitted on paper. This means your degrees and other valuables lie with CIC for an extended period of time. Where as in case of online app, you don't submit any thing in original at all. Even the original passport is asked for only when you know pretty much certainly that you are going to get visa and CIC would stamp your passport. This phase comes pretty late in the process and usually you passports only remain with embassy for 15-20 days max. In case you don't realize how important this is, i know of a couple with immigration application pending, CIC actually lost all their originals (degrees, experience letters, marriage certificate and what not). They do not take any liability in case of a loss. So the couple had to go through a lot of pains to get duplicates of all originals. You just don't face any such risk in case of online app.

Lastly, No a spouse doesn't have to prove she has a decent job or one at all. Mine doesn't work nor some of my friends spouses who have gone to Canada on open work permits before. However, if you have any of those things, it would help and make the case over all better.

One word of caution though. If you are applying together for a work permit + open work permit, it probably doesn't matter at all regarding spouse. BUT if you are already on some kind of pending permanent residence application, and are trying to skip the period it takes to get FAM sponsorship through using open work permit, then Visa officers are usually critical about it i.e. they look for strong ties of spouse to home country in order to return to grant open work permit i.e. good job, owning property, past travel etc. Probably they are of the view that if you really intend to go permanently, then you should wait till permanent application is through for the spouse.

hiep3010 said:
So does online submission really affect the result of the application because i think it shouldn't?
And if she'll apply for OWP based on my current work permit, does she still have to prove to the officer that she has a decent job, and money in the bank, so she'll come back? That sounds a little bit odd.

thanks
 

hiep3010

Full Member
Feb 10, 2013
32
0
fkl said:
One word of caution though. If you are applying together for a work permit + open work permit, it probably doesn't matter at all regarding spouse. BUT if you are already on some kind of pending permanent residence application, and are trying to skip the period it takes to get FAM sponsorship through using open work permit, then Visa officers are usually critical about it i.e. they look for strong ties of spouse to home country in order to return to grant open work permit i.e. good job, owning property, past travel etc. Probably they are of the view that if you really intend to go permanently, then you should wait till permanent application is through for the spouse.
Actually, i'll apply for PR through CEC for myself and her as well. Because the application takes like a year, and i don't want to wait that long. But i heard that these two are two different processes though?

thanks
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
hiep3010 said:
Actually, i'll apply for PR through CEC for myself and her as well. Because the application takes like a year, and i don't want to wait that long. But i heard that these two are two different processes though?

thanks
They are different processes and having dual intent (separate application for permanent residence and file temp work permit and sowp at the same time) is perfectly fine. Just that SOWP is scrutinized a little more in such cases as far as i know. If it appears the only purpose of SOWP is to cover the processing time it can be refused. A stronger work profile / educational qualification of the spouse might help in such a situation