OWP for common-law partner holding an open work permit

[Snake143]

Hello Everyone,

I will try to be as clear as possible on my request for clarifications.

My common-law partner was successfully approved for a CLOSED work permit + I was successfully approved for an OPEN work permit ( as I am considered as a common-law partner of a skilled worker)

As a result we both have our correspondance letters.

I have managed to secure a job offer from abroad in Canada for a position of NOC A.

-> Would it be possible to apply at the Port of Entry (Toronto Airport) for an open work permit for my common-law partner (as a common-law partner of a skilled worker)?

even though she already has a closed work permit she is also in talk with a company that is willing to extend a job offer (with a higher salary than the company sponsoring her for the closed work permit).

Many Thanks for your help and support,

 

[canuck78]

No the system doesn't work that way. Your open visa does not qualify her for another open visa.

 

[Snake143]

No the system doesn't work that way. Your open visa does not qualify her for another open visa.

Thank you for your response.

However, I cannot say any precisions on the IRCC website other than: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=

Who can apply for an open work permit?
You may be eligible for an open work permit if you:

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
• are a student who’s no longer able to meet the costs of your studies (destitute student)
• applied for permanent residence in Canada
• are a dependent family member of someone who applied for permanent residence
• are the spouse or common-law partner of a skilled worker or international student
• are a refugee, refugee claimant, protected person or their family member
• are under an unenforceable removal order
• are a temporary resident permit holder, or
• are a young worker participating in special programs

In each of these situations, you must meet additional criteria to be eligible.

 

[canuck78]

Your common law partner is not on a PGWP. A PGWP is obtained right after graduating from a Canadian some university or college and you can only get it once. If you are on an OWP (based on your common law's closed WP) there is no way for you to sponsor their OWP.

 

[canuck78]

Thank you for your response.

However, I cannot say any precisions on the IRCC website other than: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=

Who can apply for an open work permit?
You may be eligible for an open work permit if you:

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program. Did your partner recently graduate from a Canadian program that qualified for PGWP? PGWPis an open work permit so that is unlikely if they are on a closed work permit. This is the only scenario where you have 2 open work permits.

• are a student who’s no longer able to meet the costs of your studies (destitute student)
• applied for permanent residence in Canada

• are a dependent family member of someone who applied for permanent residence. Your partner is not a PR who is sponsoring your for PR so this doesn't apply.

• are the spouse or common-law partner of a skilled worker or international student
• are a refugee, refugee claimant, protected person or their family member
• are under an unenforceable removal order
• are a temporary resident permit holder, or
• are a young worker participating in special programs

In each of these situations, you must meet additional criteria to be eligible.

 

[Snake143]

Your common law partner is not on a PGWP. A PGWP is obtained right after graduating from a Canadian some university or college and you can only get it once. If you are on an OWP (based on your common law's closed WP) there is no way for you to sponsor their OWP.

If I read carefully the following wording available on this link: http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

It seems that this is feasible but I need to have both my employment contract and recent pay slips.

********************************************************************************************************************************
You may be eligible for an open work permit if you’re:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer,
• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec,
• a family member of a foreign representative, or
• a family member of a foreign military member who is working in Canada.

If your spouse has an open work permit (e.g. post-graduation work permit), you must attach a copy of your spouse’s work permit to your application for an open work permit, along with:

• a letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and
• a copy of your spouse’s recent pay slips.

Your permit will not be valid longer than your spouse’s work permit.

 

[canuck78]

You don't have a PGWP which is what I pointed out in my previous post. You are on an SOWP. All these qualifiers are for spouses of people who have just graduated and obtained a PGWP.

 

[Snake143]

You don't have a PGWP which is what I pointed out in my previous post. You are on an SOWP. All these qualifiers are for spouses of people who have just graduated and obtained a PGWP.

Of course I understand.

However, if you read carefully the first source that I have mentioned it is written:
are the spouse or common-law partner of a skilled worker or international student

If you read carefully the second source that I have mentioned it is written:
If your spouse has an open work permit (e.g. post-graduation work permit)

My conclusion is that it does not specifically apply for the PGWP.

I am under a SOWP, however if I work for a Canadian employer for a position NOC A, my common-law partner should be entitled to apply for a SOWP as well.
Because in the case that my common-law partner lost her job, I would still be under a SOWP.

 

[canuck78]

If your common-law partner lost her job she would not be able to work until she got another LMIA and would only qualify for a new closed work permit. Your SOWP has expiry date that is tied to your partner's closed work permit and is not am ordinary open work permit. The only true open work permit for a primary applicant is the PGWP.

If you want your common law to take the other job you would have to apply for an LMIA for your job (unless your job is LMIA exempt) then apply for a work permit for yourself. You would only qualify for a closed work permit. Then your common law partner can apply for a SOWP if you were able to get the close work permit.

@canuck_in_uk or @scylla can you confirm. I suspect my word will not be enough.

 

[Snake143]

If your common-law partner lost her job she would not be able to work until she got another LMIA and would only qualify for a new closed work permit. Your SOWP has expiry date that is tied to your partner's closed work permit and is not am ordinary open work permit. The only true open work permit for a primary applicant is the PGWP.

If you want your common law to take the other job you would have to apply for an LMIA for your job (unless your job is LMIA exempt) then apply for a work permit for yourself. You would only qualify for a closed work permit. Then your common law partner can apply for a SOWP if you were able to get the close work permit.

@canuck_in_uk or @scylla can you confirm. I suspect my word will not be enough.

Many thanks for taking the time to give me a detailed explanation.

Regarding the second point you mentioned I remain a bit puzzled as an immigration officer explained me otherwise.

My SOWP is indeed tied up to up to my common-law partner closed work permit (that she got through a LMIA exempted job); this means that the expiry date of my SOWP is the same as the WP for my common-law partner (end of 2020).
However, it was clearly mentioned that if my common-law partner changes her work permit or lose her job, I will still have my SOWP until the end of the validity. My SOWP is tied up only by validity date.

Regarding the 1st point, which is the central part of my question. I understand your reasoning but I don't understand why the wording used on the CIC website seems to leave the door open for this mechanism:
- SOWP holder get a job of NOC 0, A or B and provides a contract of employment valid for more than 6 months
- SOWP holder provides pay slips
-Common-law partner could apply for a SOWP

 

[scylla]

If your common-law partner lost her job she would not be able to work until she got another LMIA and would only qualify for a new closed work permit. Your SOWP has expiry date that is tied to your partner's closed work permit and is not am ordinary open work permit. The only true open work permit for a primary applicant is the PGWP.

If you want your common law to take the other job you would have to apply for an LMIA for your job (unless your job is LMIA exempt) then apply for a work permit for yourself. You would only qualify for a closed work permit. Then your common law partner can apply for a SOWP if you were able to get the close work permit.

@canuck_in_uk or @scylla can you confirm. I suspect my word will not be enough.

This is correct.

You need to switch to a closed work permit (which requires an LMIA from your employer) before your wife can apply for an OWP. She cannot apply for an OWP based on your OWP.

If your employer is unwilling to go through the LMIA process, then the other option is for her new employer to obtain an approved LMIA so that she can apply for a closed work permit.

 

[canuck78]

Many thanks for taking the time to give me a detailed explanation.

Regarding the second point you mentioned I remain a bit puzzled as an immigration officer explained me otherwise.

My SOWP is indeed tied up to up to my common-law partner closed work permit (that she got through a LMIA exempted job); this means that the expiry date of my SOWP is the same as the WP for my common-law partner (end of 2020).
However, it was clearly mentioned that if my common-law partner changes her work permit or lose her job, I will still have my SOWP until the end of the validity. My SOWP is tied up only by validity date.

Yes Canada is nice and doesn't cancel your work permit if your partner gets laid off or quits. Becomes a huge hassle so they decided to limit the length of the visa instead. Getting a new job on a closed work permit is a huge hassle and a long process so most try to avoid it.

Regarding the 1st point, which is the central part of my question. I understand your reasoning but I don't understand why the wording used on the CIC website seems to leave the door open for this mechanism:
- SOWP holder get a job of NOC 0, A or B and provides a contract of employment valid for more than 6 months
- SOWP holder provides pay slips
-Common-law partner could apply for a SOWP

Guess they should say PGWP instead of saying open work permit (e.g. PGWP)

 

[Snake143]

Guess they should say PGWP instead of saying open work permit (e.g. PGWP)

Many thanks for your help and guidance.