OPW eligible conditions for spouse of a PGWP holder

[Phuong Anh]

As of 31st Jan 2023, the criteria for spousal OWP of a PGWP holder has changed its conditions. Now the spouse of a PGWP holder can apply OWP when the PGWP holder received any job offer from teer 1 to 5 (high to low skilled worker). My husband has just completed his master degree and waiting for the completion letter from school. his study permit and my OWP will expire until 31st Aug. I wonder if my husband get a job offer in warehouse as an seasonal part time associate is still eligible for me to apply my spousal OWP of a PGWP holder? Do we still need to wait until getting 2-3 paychecks in order to apply our application? Thank you very much!

 

[Naturgrl]

As of 31st Jan 2023, the criteria for spousal OWP of a PGWP holder has changed its conditions. Now the spouse of a PGWP holder can apply OWP when the PGWP holder received any job offer from teer 1 to 5 (high to low skilled worker). My husband has just completed his master degree and waiting for the completion letter from school. his study permit and my OWP will expire until 31st Aug. I wonder if my husband get a job offer in warehouse as an seasonal part time associate is still eligible for me to apply my spousal OWP of a PGWP holder? Do we still need to wait until getting 2-3 paychecks in order to apply our application? Thank you very much!

Spouses of PGWP holders are not eligible under the changes.

The principal foreign worker must meet 4 requirements:

1. They work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off campus or who are transitioning to PGWP are noteligible)
2. Their work permit or their authority to work without a work permit must be valid in Canada for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a low-skilled occupation (TEER 4 or 5 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children.html

 

[Phuong Anh]

Thank you for your response. So my husband needs to get his PGWP (3 years) and a low skilled job first in order to extend my OWP, right? in addition, is a seasonal part time warehouse associate considered a low-skilled occupation in this case? (the warehouse person is in teer 5 but I'm not sure about the term "seasonal part time"). We are currently in Canada. Lastly, I wonder if we still need 2 paychecks as before since the new rule doesn't mention about the paycheck as a mandatory proof.

 

[Naturgrl]

Thank you for your response. So my husband need to get his PGWP (3 years) and a low skilled job first in order to extend my OWP, right? in addition, is a seasonal part time warehouse associate considered a low-skilled occupation in this case? (the warehouse person is in teer 5 but I'm not sure about the term "seasonal part time"). We are currently in Canada. Lastly, I wonder if we still need 2 paychecks as before since the new rule doesn't mention about the paycheck as a mandatory proof.

No it means he needs a skilled job. Read what I posted…exception: family members of students who can work off campus or who are transitioning to PGWP are not eligible. The changes made in January do not change the rules for SOWPs of PGWP holders. You can look at SOWP code 41 (I think) for the requirements.

 

[Phuong Anh]

I got you. thank you a lot for the re-confirmation.

 

[NP8994]

hi you mean pgwp holders need a skilled job to TEER 0,1,2 OR 3 for spouse to extend the sowp?

in my case my spouse applied for PGWP in May And waiting she got letter from IRCC you can work until september. my visa is going to expired in july should i extend my visa with her valid letter ?

 

[NP8994]

Spouses of PGWP holders are not eligible under the changes.

The principal foreign worker must meet 4 requirements:

1. They work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off campus or who are transitioning to PGWP are noteligible)
2. Their work permit or their authority to work without a work permit must be valid in Canada for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a low-skilled occupation (TEER 4 or 5 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children.html

 

[NP8994]

• They work in Canada with 1 of the following:
  • a valid work permit (employer-specific or open under a non-spousal category)
  • an authorization to work without a work permit (exception: family members of students who can work off campus or who are transitioning to PGWP are noteligible)

 

[Phuong Anh]

Hello, sorry for keep asking but I really need a clear clarification on this. I have revisited the high skill worker session and also seen this:

High-skilled worker:
The principal foreign worker must meet 4 requirements:

1. They’re legally authorized to work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off-campus or who are transitioning to a post-graduation work permit [PGWP] are not eligible)
2. Their work permit or authorized work must be valid for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a high-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 0, 1, 2 or 3 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

As my understanding on this is: I would be not eligible when my husband is in the process of applying a PGWP or in imply status to wait for a PGWP approval. Once he get his PGWP, I could be eligible for both cases high and low skill or to say eligible for this change. Please let me know your thought on this.

 

[Phuong Anh]

I also found the below statement on a immigration blog consultant: https://www.elaarimmigration.ca/blog/open-work-permit-for-spouse-of-pgwp-holder-requirements/
Requirements for the PGWP Holder
The PGWP holder must ensure they meet the following requirements before their spouse applies for the open work permit.

Time Remaining on the PGWP
The PGWP holder should have a minimum of 6 months left on their work permit when their spouse applies for the Open Work Permit.

Occupation Type
The PGWP holder must be working in Canadian occupations that fall under TEER categories 0, 1, 2, 3, 4, or 5 when their spouse applies for the Open Work Permit.

 

[Naturgrl]

I also found the below statement on a immigration blog consultant: https://www.elaarimmigration.ca/blog/open-work-permit-for-spouse-of-pgwp-holder-requirements/
Requirements for the PGWP Holder
The PGWP holder must ensure they meet the following requirements before their spouse applies for the open work permit.

Time Remaining on the PGWP
The PGWP holder should have a minimum of 6 months left on their work permit when their spouse applies for the Open Work Permit.

Occupation Type
The PGWP holder must be working in Canadian occupations that fall under TEER categories 0, 1, 2, 3, 4, or 5 when their spouse applies for the Open Work Permit.

That is not an IRCC or Canadian government site but a consultant so would not follow it. If you want to go ahead then go for it.

SOWP are under Code 41. See bottom of page.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/permit.html

 

[Phuong Anh]

Then, please ignore that website and would you please take a look on my prior message on high skilled worker session since the code 41 would be under that session?

• Family members of foreign nationals authorized to work in high-skilled occupations (TEER 0, 1, 2 or 3) – [C41 and C46]

And it also states the same sentence
"
High-skilled worker:
The principal foreign worker must meet 4 requirements:

1. They’re legally authorized to work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off-campus or who are transitioning to a post-graduation work permit [PGWP] are not eligible)
2. Their work permit or authorized work must be valid for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a high-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 0, 1, 2 or 3 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

"
I don't want to argue anything but just would want to discuss and find the best answer for my case. I would love to have different opinion from you all. Thank you~ Sorry if I made any unintentional comfortability.

 

[NP8994]

as per my view and all others now they changed the condition. how they can make seprate rule for pgwp holders dependents

 

[Naturgrl]

as per my view and all others now they changed the condition. how they can make seprate rule for pgwp holders dependents

Would have to ask IRCC. The issue may be is that they are focusing on those with LMIAs to bring their families with them as children under 22 are elgible for work permits. Focusing on getting principal applicants and their spouses and children to Canada to work in low skilled jobs.

 

[Derek000]

Hello, sorry for keep asking but I really need a clear clarification on this. I have revisited the high skill worker session and also seen this:

High-skilled worker:
The principal foreign worker must meet 4 requirements:

1. They’re legally authorized to work in Canada with 1 of the following:
   • a valid work permit (employer-specific or open under a non-spousal category)
   • an authorization to work without a work permit (exception: family members of students who can work off-campus or who are transitioning to a post-graduation work permit [PGWP] are not eligible)
2. Their work permit or authorized work must be valid for at least 6 months after the family member’s open work permit application is received.
3. They’re employed in a high-skilled occupation (Training, Education, Experience and Responsibilities [TEER] category 0, 1, 2 or 3 of the National Occupation Classification system) at the time of the family members’ application.
4. They’re living or plan to live in Canada while working.

As my understanding on this is: I would be not eligible when my husband is in the process of applying a PGWP or in imply status to wait for a PGWP approval. Once he get his PGWP, I could be eligible for both cases high and low skill or to say eligible for this change. Please let me know your thought on this.

Hello, have you got your OWP? My Spouse is in the same situation with you. Appreciate if you can share your experience.