PGWP - Spousal Work Permit

[nmehra6613]

Hi,

I have just graduated and preparing to apply for the PGWP. Along with my application, my spouse is going to apply for her work permit extension.

My question is: Since I currently don't have a job, Can my spouse still apply for the work permit extension? Or Can she only apply for the TRV to stay in Canada?

I am getting mixed information and hence confused about that. I will be showing proof of funds for stay in Canada.

Please advise. ???

 

[neorol]

Your spouse can get an open work permit only if you are full-time employed as a skilled worker (NOC A, B ,0)

Look for C41 exemption, and at the bottom of the page "Spouses of open work permit holders"

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

She may apply for visitor status though if you can show sufficient proof of funds

 

[nmehra6613]

Thank you for your reply.

I also spoke to CIC representative and he mentioned that once you get your Post Grad Work Permit, your spouse may apply for open work permit even if you don't have a job offer. This is what confused me.

Also, the CIC website, allows spousal open work permit application along with my PGWP online application. Could it be an issue with the CIC website?

 

[neorol]

Thank you for your reply.

I also spoke to CIC representative and he mentioned that once you get your Post Grad Work Permit, your spouse may apply for open work permit even if you don't have a job offer. This is what confused me.

Also, the CIC website, allows spousal open work permit application along with my PGWP online application. Could it be an issue with the CIC website?

Calling CIC agents is not a guarantee for anything. I got 3 times wrong answers from them in different topics. I was in the same situation like you, and I have seen refusals for spouses because PGWP holder didn't have a full-time skilled job. Job offer many times means LMIA, and you don't need that for sure. You need to have a job though, not a job offer. That's the point. That's why they ask for the reference letter and the payslips. I think it's clear if you check the link I sent. C41 exemption, bottom of the page

"C41 exemption

A dependent spouse is eligible to apply for an open work permit if the principal foreign worker

holds a work permit that is valid for a period of at least six months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of six months;
is employed in an occupation that falls within National Occupational Classification (NOC) skill levels 0, A or B (which generally include management and professional occupations and technical or skilled trades [see the NOC website]);
physically resides or plans to physically reside in Canada while working."

"Spouses of open work permit holders

If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Immigration, Refugees and Citizenship Canada (IRCC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

The spousal applicant should submit all the supporting documents, including

a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
a copy of the principal foreign worker’s last three pay slips."

 

[nmehra6613]

Thank you so much again.

I am awaiting a reply for last round of interview from a company. In that case, I will wait for the response from the company and then make a decision on whether to apply for my wife's work permit or TRV.

But, even in that case, I will not have payslips to begin with.

 

[neorol]

Thank you so much again.

I am awaiting a reply for last round of interview from a company. In that case, I will wait for the response from the company and then make a decision on whether to apply for my wife's work permit or TRV.

But, even in that case, I will not have payslips to begin with.

I was in the same situation, and we went to the border (flagpole) as I got my payslips. I think I needed only one payslip last year, or just had one, can't remember. They issued the visa right away for her without any problem. This way you can win a month of processing time. However, probably it's safer to wait for 3 payslips, if that is the requirement.

 

[nmehra6613]

Hi,
I just got an ITA. Can the spouse apply for work permit extension (bridge) based on the ITA received?

 

[neorol]

Hi,
I just got an ITA. Can the spouse apply for work permit extension (bridge) based on the ITA received?

ITA itself doesn't make your spouse eligible for work permit extension. After you submit your PR application you have to apply for BOWP (if you are eligible) and at the same time you can connect her Open Work Permit application to yours. In most cases you have to be a full-time skilled worker with a valid work permit to make her eligible for OWP. Please check the links I attached above. "C41 exemption" It tells all the rules

 

[neorol]

ITA itself doesn't make your spouse eligible for work permit extension. After you submit your PR application you have to apply for BOWP (if you are eligible) and at the same time you can connect her Open Work Permit application to yours. In most cases you have to be a full-time skilled worker with a valid work permit to make her eligible for OWP. Please check the links I attached above. "C41 exemption" It tells all the rules

I just realized you are still the OP of this thread. To be eligible for BOWP your work visa needs to expire within 4 months. I think your PGWP is valid for longer than that. You still need to have a full-time siilled job for making your spouse eligible for open work permit. As I said it's the same case for most souses of BOWP holders too, so ITA doesn't really change much.

 

[nmehra6613]

Thank you so much..

 

[Visitor89]

Hello Guys,

Please answer One query of mine as well.

I'm on a PGWP and I am planning to marry soon. I have a NOC B Government job ( 8 months Co- op and 1-year term Plus my term will be renewed for another year). It is a full-time job but I cannot call it as a permanent job as I get it in the form of Yearly Terms (not contract).

Will my spouse be able to get an Open work permit at all? I read that I can attach my term job offer letter and pay slips for last 3 months. Do you think it can work?

Thanks

 

[neorol]

Hello Guys,

Please answer One query of mine as well.

I'm on a PGWP and I am planning to marry soon. I have a NOC B Government job ( 8 months Co- op and 1-year term Plus my term will be renewed for another year). It is a full-time job but I cannot call it as a permanent job as I get it in the form of Yearly Terms (not contract).

Will my spouse be able to get an Open work permit at all? I read that I can attach my term job offer letter and pay slips for last 3 months. Do you think it can work?

Thanks

The requirement is being employed full-time and your contract has to be valid at least for 6 months.

 

[Visitor89]

So looks like i will be eligible, thanks Sir

 

[neorol]

So looks like i will be eligible, thanks Sir

Here are the details:

Check C41 exemption / open work permit holders

"A dependent spouse is eligible to apply for an open work permit if the principal foreign worker

holds a work permit that is valid for a period of at least six months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of six months;
is employed in an occupation that falls within National Occupational Classification (NOC) skill levels 0, A or B (which generally include management and professional occupations and technical or skilled trades [see the NOC website]);
physically resides or plans to physically reside in Canada while working."

Spouses of open work permit holders

If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Immigration, Refugees and Citizenship Canada (IRCC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

The spousal applicant should submit all the supporting documents, including

a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
a copy of the principal foreign worker’s last three pay slips."

Source: http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

 

[Visitor89]

My job won't provide me a written letter nor it says if its NOC B job. other people around me with same position told me its a NOC B job.

I will attach my term contract paper though that clearly shows that I am employed for 1 year
i can show my pay slips too

will be tricky to prove which NOC do I belong to but I guess all of this can work out.

Thanks again for the detailed explanation. +1