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PGWP extension

David1905

Star Member
Oct 29, 2014
85
22
Hi everyone!
My PGWP is expired in 2015 May, and my wife's study permit is exprited in 2016 May. I have read on cic website and it says that I'm able to apply for an Open Work Permit which is based on my wife's study permit. But they also say that PGWP is given once and cant renew or extend without LMIA. I'm so confused about my case, Am I eligible to extend my PGWP based on my wife's Study Permit?
Ir there anyone who has the same case like me can give me some advice please.
Many thanks and have a great day!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


David1905 said:
Hi everyone!
My PGWP is expired in 2015 May, and my wife's study permit is exprited in 2016 May. I have read on cic website and it says that I'm able to apply for an Open Work Permit which is based on my wife's study permit. But they also say that PGWP is given once and cant renew or extend without LMIA. I'm so confused about my case, Am I eligible to extend my PGWP based on my wife's Study Permit?
Ir there anyone who has the same case like me can give me some advice please.
Many thanks and have a great day!
1. No you can't extend your PGWP based on your wife's study permit.
2. You would have to apply for a new work permit as a spouse of a student.
 

David1905

Star Member
Oct 29, 2014
85
22
PMM said:
Hi


1. No you can't extend your PGWP based on your wife's study permit.
2. You would have to apply for a new work permit as a spouse of a student.
Thank so much
I'm trying to apply for a new Open Work Permit.
Its strange that they do not require me to upload my wife's study permit.
 

canuck_in_uk

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May 4, 2012
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David1905 said:
Thank so much
I'm trying to apply for a new Open Work Permit.
Its strange that they do not require me to upload my wife's study permit.
If it isn't requesting your wife's study permit, then you've answered something wrong in the questionnaire.

Why are you trying to apply now when your current work permit is still valid for another 6 months?
 

David1905

Star Member
Oct 29, 2014
85
22
canuck_in_uk said:
If it isn't requesting your wife's study permit, then you've answered something wrong in the questionnaire.

Why are you trying to apply now when your current work permit is still valid for another 6 months?
I think i answered something wrong too. I checked over all the questions few times but I couldnt find the problem. I know it's too early to apply a new one now, I'm afraid that if it get refusal then I will not have enough time to extend my work permit by some ways else. If my current WP expires on 2015 May, when should I apply for the new OP? Besides, my wife just gave a birth to our baby 2 months ago, she will not be able to go back to school this winter term. If so will this effect to my application even though her study permit expires on 2016 Jun?
Thanks!
 

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David1905 said:
I think i answered something wrong too. I checked over all the questions few times but I couldnt find the problem. I know it's too early to apply a new one now, I'm afraid that if it get refusal then I will not have enough time to extend my work permit by some ways else. If my current WP expires on 2015 May, when should I apply for the new OP? Besides, my wife just gave a birth to our baby 2 months ago, she will not be able to go back to school this winter term. If so will this effect to my application even though her study permit expires on 2016 Jun?
Thanks!
You only qualify for an open work permit while your wife is in school and studying full time. Once your wife stops studying for more than 90 days, her study permit will automatically become invalid. It doesn't matter when her study permit expires. She needs to remain in school if she wants to keep the permit valid and you want to qualify for an open work permit.
 

David1905

Star Member
Oct 29, 2014
85
22
scylla said:
You only qualify for an open work permit while your wife is in school and studying full time. Once your wife stops studying for more than 90 days, her study permit will automatically become invalid. It doesn't matter when her study permit expires. She needs to remain in school if she wants to keep the permit valid and you want to qualify for an open work permit.
Do you know if it guarantees that if she is going back to school this winter term then i will qualify for a new open work permit even though i'm having a Post Graduate Work Permit? Could you please advise me when should I apply for a new one? Is that better to apply on February when she has been already back to school and 3 months before my PGWP expires?
Thanks!
 

canuck_in_uk

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David1905 said:
Do you know if it guarantees that if she is going back to school this winter term then i will qualify for a new open work permit even though i'm having a Post Graduate Work Permit? Could you please advise me when should I apply for a new one? Is that better to apply on February when she has been already back to school and 3 months before my PGWP expires?
Thanks!
I'm guessing she was supposed to be in school since the beginning of September. If so, she has already been out of school for nearly 3 months, which means that in a week or two, her study permit will no longer be valid. Not only will she be unable to return to school in January but she will no longer have status in Canada. In other words, she will be in Canada illegally and could be subject to removal from the country. You need to address this situation before you even think about trying to apply for an OWP.
 

David1905

Star Member
Oct 29, 2014
85
22
canuck_in_uk said:
I'm guessing she was supposed to be in school since the beginning of September. If so, she has already been out of school for nearly 3 months, which means that in a week or two, her study permit will no longer be valid. Not only will she be unable to return to school in January but she will no longer have status in Canada. In other words, she will be in Canada illegally and could be subject to removal from the country. You need to address this situation before you even think about trying to apply for an OWP.
She was pregnant and gave a birth at the end of Sep. She mentioned it to the school and they gave her a confirming letter which confirms that she will take class in winter of 2015. She just apply for a new Study Permit, so as long as she comes back to school in Jan, her Study Permit will be fine. Im just worried about my case if they refuse to give me a new Work Permit :(
I'm trying to find information about study permit becomes invalid after 3 months out of school but I couldnt find it. They only say that it becomes invalid 3 months after she finishes her program.