PGWP and SWOP

[kumar30]

Sharing my experience.

My wife completed her Masters from Premium Toronto University (2 years), and she had her offer letter from an MNC. I had come to Canada last year with OWP and am working for a premium bank here in Toronto. We were looking for information on applying PGWP and my SOWP for a while now. We were able to get information on PGWP but was unable to get accurate information about SOWP with PGWP. Some said PGWP will take 90 days and then need to apply for SOWP which again will take 90+ days. We were in great stress and this was very critical for us to continue staying in Canada.
We took our gathered information and a bit of risk in getting this visa. We went to US-Canada border and finally we were successful in getting PGWP and SOWP in an hour. Let me share my experience and information I have gathered from past few months.

Following documents are needed to apply for PGWP and SOWP at the border:

Mandatory documents (Original):

Passport (Expiry date must be more than required work permit duration - Canada VISA duration depends on your Passport expiry date)
Marriage certificate (No need for individual applications)
Valid US VISA
Valid CANADA VISA
Valid Student Permit
Valid Spouse OWP
University official transcripts (Issued and sealed by university)
University official completion letter (Issued and sealed by University)
Current address proof (like Driver’s license, Province Card with current address on it)
Medical (Only if you are going to work in Health care, else not required)

Optional but better to have documents:

Official Company offer letter (Recommended to have it)
Spouse’s work offer letter
Spouse’s Pay slips

Optional documents:

SIN Copy
House Rental agreement
Bank Statement
Loan statement

Process:

You will need to get this permit from the flag point (US-Canada border). So travel to Niagara or any US-Canada border and cross to USA. Crossing the border is must and you will need to specify the reasons to US officials too. You will be getting a slip or a letter from US official once you specify VISA as a reason. While returning to Canada (recommend you to do this on a weekday between 9 and 5), you will again need to specify Canada border officials about your PGWP and SOWP. Once you mention about PGWP and SOWP you will get a Yellow slip. Then you need to park your car and head towards Canada immigration. Go towards the inquiry desk and give them the yellow slip, US slip/letter and your passport. Wait till you are called. Once you are called, present them the documents as they ask. It should take about 45mins to 1.5 hours to complete the formality and the process.

For two years course, you will get 3 years PGWP and SOWP, but you might be asked about your TRV status. This is chicken and egg situation, your WP will not be issued because your TRV will expire. So you will need to convince immigration officer and let them know that you will apply for TRV as soon as you get WP. Canada officials are very sweet (depends on how you reply to them), so be polite and be humble. Keep smiling, tell them the truth and truth only.

After getting your Work Permit, you will need to apply for TRV on CIC. Once you receive email for your passport, you will need to go to your consulate and submit your passport. Your passport will be shipped to your country for stamping.

NOTE: This process is applicable for Visa exempt countries and some selected countries only. Germany, Switzerland, Australia, New Zealand, India, Nepal, China, Hong Kong citizens are permitted to do this. As far as I know countries which has Visa exempt, e-visa/eTA or free VISA options are permitted to apply at the flag point.

Note: You do not need to prove that you have a NOC 0, A, B, C lists job. This is just work permit so do not worry about your job category. In fact some officers will not ask offer letters.

All the best.

 

[kemerloo]

Thank you for this. I'm planning to do this on January.

 

[canuck_in_uk]

Note: You do not need to prove that you have a NOC 0, A, B, C lists job. This is just work permit so do not worry about your job category. In fact some officers will not ask offer letters.

This is incorrect.

http://www.cic.gc.ca/english/work/apply-who.asp

If your spouse wants to work in Canada

Your spouse or common-law partner can apply for an open work permit if you are:

approved to work in Canada for six months or longer, and
doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have an open work permit (e.g. post-graduation work permit, International Experience Canada, et cetera) your spouse must attach a copy of your work permit to their application for an open work permit, along with a:

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

 

[kumar30]

This is incorrect.

http://www.cic.gc.ca/english/work/apply-who.asp

If your spouse wants to work in Canada

Your spouse or common-law partner can apply for an open work permit if you are:

approved to work in Canada for six months or longer, and
doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have an open work permit (e.g. post-graduation work permit, International Experience Canada, et cetera) your spouse must attach a copy of your work permit to their application for an open work permit, along with a:

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

I am not sure about this.... The details i have posted is based on comments made by Immigration officers at the border. They clearly stated that "If you have studied 2 years, then student will get 3 years work permit and husband will get 3 years OWP regardless the job". Though i had my offer letter and my wife offer letter, they did not ask us. Infact immigration officer was very sweet and humble towards us.

 

[canuck_in_uk]

I am not sure about this.... The details i have posted is based on comments made by Immigration officers at the border. They clearly stated that "If you have studied 2 years, then student will get 3 years work permit and husband will get 3 years OWP regardless the job". Though i had my offer letter and my wife offer letter, they did not ask us. Infact immigration officer was very sweet and humble towards us.

The CBSA officer made a mistake. As stated on CIC's website, a skilled job is required by the PGWP holder in order for their spouse to qualify for an OWP.

 

[kumar30]

The CBSA officer made a mistake. As stated on CIC's website, a skilled job is required by the PGWP holder in order for their spouse to qualify for an OWP.

Today 4 others got PGWP without job offers..... 2 of them near Niagara.. 2 others at different locations... Infact all four had offer letters and officer did not ask them or reviewed....! As far as i know, PGWP do not need any offer letter or Job in NOC lists...

 

[canuck_in_uk]

Today 4 others got PGWP without job offers..... 2 of them near Niagara.. 2 others at different locations... Infact all four had offer letters and officer did not ask them or reviewed....! As far as i know, PGWP do not need any offer letter or Job in NOC lists...

No one ever said that people applying for PGWP require a job letter...

The PGWP holder is required to have a skilled job in order for the SPOUSE to qualify for an OWP.

 

[kumar30]

No one ever said that people applying for PGWP require a job letter...

The PGWP holder is required to have a skilled job in order for the SPOUSE to qualify for an OWP.

My case they dint ask.. My firend case they dint ask... Online applications are delayed and some were asked to present payslips... But at the border it is easy and fast to get SOWP (For PGWP)... It works.. And as i have mentioned, it is best to have offer letter before going to the border.... It all depends how you present to the immigration officers..

 

[kemerloo]

Today 4 others got PGWP without job offers..... 2 of them near Niagara.. 2 others at different locations... Infact all four had offer letters and officer did not ask them or reviewed....! As far as i know, PGWP do not need any offer letter or Job in NOC lists...

Hello kumar30. So I just need to present to the officers my transcript and letter from the school that I finished my course?

If you don' t mind, what are the questions that are commonly asked? I just want to be prepared

 

[kumar30]

Hello kumar30. So I just need to present to the officers my transcript and letter from the school that I finished my course?

If you don' t mind, what are the questions that are commonly asked? I just want to be prepared

Yes, you need to submit your official transcripts and college letter... First officer will ask you "How long you intend to stay in Canada?". Just let them know that you intend to go back to your home country after you finish returning your student loan (If you have).. Officer will ask for Marriage certificate (Original) if you are applying along with your spouse...

I recommend you to carry all the documents in a clean file, so officer will have confidence... They really won’t ask much questions to you until you fail to present the document requested.

 

[carlucho34]

This is interesting. I've been asking this question for a while and it seems nobody really knows. They all go to the info on the site and say "no, not possible, period".

I know people that have asked for their PGWP and their spouses' OWP extension and they have managed to get it with no issues. Mind you, those graduates I'm talking about didn't even have a job. They say no job letters or pay slips were asked on their online applications. Is there a difference when it comes to extending OWP and asking for a new one (this in case the spouse is not in the country, and was not in the country during the other half's study permit?

It doesn't make sense to me that if the graduate doesn't have a job, then the spouse has to go back home. It takes a while for someone to get a job here, especially in a NOC A, B or 0.

Does somebody have more info about this?

My case they dint ask.. My firend case they dint ask... Online applications are delayed and some were asked to present payslips... But at the border it is easy and fast to get SOWP (For PGWP)... It works.. And as i have mentioned, it is best to have offer letter before going to the border.... It all depends how you present to the immigration officers..

 

[fkl]

No one ever said that people applying for PGWP require a job letter...

The PGWP holder is required to have a skilled job in order for the SPOUSE to qualify for an OWP.

The above is precisely the formal requirement i.e. Skilled job offer is required for PA for spouse eligibility of an OWP.

Individual experiences do not change formal requirements. +1

You might get lucky, but if stuck, you better know what to do in a given situation.

May be OP wasn't asked OR CBSA officer didn't fully understand the situation OR they are lenient for a situation where a couple came here on SP + SOWP. PA completes study and applies for PGWP. But Spouse cannot get SOWP until he also has a skilled job.

Any one taking a decision based upon above, should have a contingency plan.

 

[fkl]

It doesn't make sense to me that if the graduate doesn't have a job, then the spouse has to go back home. It takes a while for someone to get a job here, especially in a NOC A, B or 0.

Does somebody have more info about this?

You answered it yourself. It seems to be an unsaid practice differentiating extension from first time application.

If one applies from outside of Canada and PA doesn't have a Skilled job, it is guaranteed refusal.

For a large number of applications, even with a skilled job offer, they refuse stating "you didn't demonstrate you are exempted from LMIA (primarily they didn't see enough proof of job being Skilled)" and approve in the second time when more detailed evidence is provided.

If you apply from inside Canada (were already here on a SOWP), chances are you might already be working to support your family.

Plus your Principal spouse hopefully would get a job in near future. Sending them back doesn't make sense.

For a while CIC has been approving TRVs for a spouse in such a situation. But that still interrupts if they were working.

The real reason for putting a condition of Skilled job, is that it is assumed to be paying enough to support dependents without putting burden on Canada.

 

[carlucho34]

Hello, thank you for your response and comments.

That is my case. My partner just graduated 2 weeks ago, and I have an OWP and have my jobs (one of them is full time). We went to a lawyer 6 months ago and she told me "if your spouse doesn't get the job, then one option is taking another program at the college". Which is basically buying a year in Canada for X amount of dollars. Then, if the CIC doesn't change the rules for international students, then we'll be in the same situation next year.

We really don't know what to do. We know people in our situation that have extended their SOWP, but I'm scared...I don't want my partner to apply for his PGWP and then me not having anything.

What should we do?

You answered it yourself. It seems to be an unsaid practice differentiating extension from first time application.

If one applies from outside of Canada and PA doesn't have a Skilled job, it is guaranteed refusal.

For a large number of applications, even with a skilled job offer, they refuse stating "you didn't demonstrate you are exempted from LMIA (primarily they didn't see enough proof of job being Skilled)" and approve in the second time when more detailed evidence is provided.

If you apply from inside Canada (were already here on a SOWP), chances are you might already be working to support your family.

Plus your Principal spouse hopefully would get a job in near future. Sending them back doesn't make sense.

For a while CIC has been approving TRVs for a spouse in such a situation. But that still interrupts if they were working.

The real reason for putting a condition of Skilled job, is that it is assumed to be paying enough to support dependents without putting burden on Canada.

 

[anttor]

No one ever said that people applying for PGWP require a job letter...

The PGWP holder is required to have a skilled job in order for the SPOUSE to qualify for an OWP.

For Inside Canada the spouses are getting permits even though there is no job offer. know 2 couples. But both of them have to be inside canada.