Open work permit - Possible scenario?

[lakshmi1619]

Hi,
I am currently on SOWP, and my husband has a closed work permit that expires in Jan-2026. Since I am working here and also have an offer letter, can I apply for an open work permit on my own so that I will be the primary applicant? Is this possible?

Reason for change: Since I am holding a stable and permanent job from a product-based company, I would like to have a primary open work permit and my husband can come as a dependent(SOWP)

If so, can you please let me know the steps or process? Your help on this is highly appreciated.

Thanks

 

[BA101]

Hi,
I am currently on SOWP, and my husband has a closed work permit that expires in Jan-2026. Since I am working here and also have an offer letter, can I apply for an open work permit on my own so that I will be the primary applicant? Is this possible?

Reason for change: Since I am holding a stable and permanent job from a product-based company, I would like to have a primary open work permit and my husband can come as a dependent(SOWP)

If so, can you please let me know the steps or process? Your help on this is highly appreciated.

Thanks

Your OWP is tied to his ICT

If you are on a PGWP then that is different

You have to do an LMIA with the new employer to get your own independent work permit

 

[scylla]

Hi,
I am currently on SOWP, and my husband has a closed work permit that expires in Jan-2026. Since I am working here and also have an offer letter, can I apply for an open work permit on my own so that I will be the primary applicant? Is this possible?

Reason for change: Since I am holding a stable and permanent job from a product-based company, I would like to have a primary open work permit and my husband can come as a dependent(SOWP)

If so, can you please let me know the steps or process? Your help on this is highly appreciated.

Thanks

The only way you would qualify to be the primary applicant on an open work permit is if you qualified for that work permit on your own. A job offer isn't enough for this to be possible. You would need to do something like complete a full time school program in Canada on a study permit and then qualify for a PGWP afterwards.

If you want to become the primary applicant, you would need to have your employer get an approved LMIA and then switch to a closed work permit.

 

[lakshmi1619]

Your OWP is tied to his ICT

If you are on a PGWP then that is different

You have to do an LMIA with the new employer to get your own independent work permit

Thanks for quick response..Can I apply for LMIA myself using offer letter? or Employer need to do this? I am not sure employer ready to LMIA for me as this incur charges and other processing. I need to check. If I get LMIA then can I get an independent closed work permit or independent open work permit ? Sorry if questions are silly.

Thanks

 

[lakshmi1619]

The only way you would qualify to be the primary applicant on an open work permit is if you qualified for that work permit on your own. A job offer isn't enough for this to be possible. You would need to do something like complete a full time school program in Canada on a study permit and then qualify for a PGWP afterwards.

If you want to become the primary applicant, you would need to have your employer get an approved LMIA and then switch to a closed work permit.

Thanks for your response. Can I do LMIA by myself and what all the documents needed for the employer if I have to do it myself?

 

[BA101]

Thanks for your response. Can I do LMIA by myself and what all the documents needed for the employer if I have to do it myself?

Unfortunately you cannot do LMIA

Employer has to make the submission & wait for an LMIA approval showing which WP has to be applied
Can take a few months or longer depending on the paper work of the Employer

Read about what is an LMIA here : https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html

 

[Naturgrl]

Thanks for your response. Can I do LMIA by myself and what all the documents needed for the employer if I have to do it myself?

Employer has to prove that no Canadian or PR could do the job. The job must be posted on several job sites, and employer then proves no one is skilled enough only you. The job must be full-time and be the median wage for the NOC in your region. Then they fill out all the paperwork and pay the $1k fee. The employer must meet all requirements in the link.

 

[scylla]

Thanks for quick response..Can I apply for LMIA myself using offer letter? or Employer need to do this? I am not sure employer ready to LMIA for me as this incur charges and other processing. I need to check. If I get LMIA then can I get an independent closed work permit or independent open work permit ? Sorry if questions are silly.

Thanks

Your employer must obtain the LMIA. You cannot do this. No, the work permit will not be independent or open. It will be a closed work permit tied to the employer who obtained the LMIA.

 

[lakshmi1619]

Employer has to prove that no Canadian or PR could do the job. The job must be posted on several job sites, and employer then proves no one is skilled enough only you. The job must be full-time and be the median wage for the NOC in your region. Then they fill out all the paperwork and pay the $1k fee. The employer must meet all requirements in the link.

Thank you..Do employer need to post again same job in job sites or can they use whatever they have done when they recruited me?

 

[lakshmi1619]

Your employer must obtain the LMIA. You cannot do this. No, the work permit will not be independent or open. It will be a closed work permit tied to the employer who obtained the LMIA.

Thank you for your reply..

 

[Naturgrl]

Thank you..Do employer need to post again same job in job sites or can they use whatever they have done when they recruited me?

It must be recent so depends how long on the job. They will need to show who applied, who they interviewed etc.