PGWP - Spouse Open Work Permit - Job of Main Applicant

[Matt173]

Hi,
I wonder whether someone can share what type of job the principal applicant and Post Graduate Work Permit holder must hold in order to sponsor his wife for an extension of an Open Work Permit?

I read that the job must be of NOC 0, A, or B. However, can it be part-time? I was offered a part-time limited contract (for now just for 1 semester) professor position at public accredited college and want to apply for the Open Work Permit extension of my wife. Will this job be sufficient along with 3 pay stubs? Or does the job have to be full-time with unlimited contract?

Thanks

 

[AnaCamp]

Hi,
I wonder whether someone can share what type of job the principal applicant and Post Graduate Work Permit holder must hold in order to sponsor his wife for an extension of an Open Work Permit?

I read that the job must be of NOC 0, A, or B. However, can it be part-time? I was offered a part-time limited contract (for now just for 1 semester) professor position at public accredited college and want to apply for the Open Work Permit extension of my wife. Will this job be sufficient along with 3 pay stubs? Or does the job have to be full-time with unlimited contract?

Thanks

Spouses or common-law partners of skilled workers [C41]
Spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41 if the principal foreign worker

• holds a work permit that is valid for a period of at least 6 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 6 months;
• is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0 (management occupations) or skill level A or B (which generally includes professional occupations and technical or skilled trades [see the NOC website]);
• physically resides or plans to physically reside in Canada while working.

The principal foreign worker may be employed part-time for the spouse or common-law partner to qualify for this LMIA exemption. Although there is not a standard minimum of hours required, officers have to be satisfied the foreign worker’s employment will be sufficient to financially support themselves and their family members while they are in Canada.
Link:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#skilled-workers

 

[Matt173]

Thank you, so if I understand correctly it comes down to proving sufficient financial resources? What I wonder, and which is probably impossible to get reliable information on, is whether showing a bank account with more than 100,000 Canadian dollars and an investment account in cash with more than 400,000 Canadian dollars will be sufficient to overcome the fact that my current temporary job only pays 15,000 for the next 3 months. As professor I am currently hired to only teach one course for one semester. I expect to continue to teach but I do not have a job offer yet for future courses.

Do you think immigration officers will only look at the job remuneration or will they take into account the overall financial situation and circumstances?

Spouses or common-law partners of skilled workers [C41]
Spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse or common-law partner is eligible to apply for an open work permit under Labour Market Impact Assessment (LMIA) exemption code C41 if the principal foreign worker

• holds a work permit that is valid for a period of at least 6 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 6 months;
• is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0 (management occupations) or skill level A or B (which generally includes professional occupations and technical or skilled trades [see the NOC website]);
• physically resides or plans to physically reside in Canada while working.

The principal foreign worker may be employed part-time for the spouse or common-law partner to qualify for this LMIA exemption. Although there is not a standard minimum of hours required, officers have to be satisfied the foreign worker’s employment will be sufficient to financially support themselves and their family members while they are in Canada.
Link:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#skilled-workers

 

[AnaCamp]

Thank you, so if I understand correctly it comes down to proving sufficient financial resources? What I wonder, and which is probably impossible to get reliable information on, is whether showing a bank account with more than 100,000 Canadian dollars and an investment account in cash with more than 400,000 Canadian dollars will be sufficient to overcome the fact that my current temporary job only pays 15,000 for the next 3 months. As professor I am currently hired to only teach one course for one semester. I expect to continue to teach but I do not have a job offer yet for future courses.

Do you think immigration officers will only look at the job remuneration or will they take into account the overall financial situation and circumstances?

It is hard to say. If you have financial resources, I would wait until getting a permanent offer or at least 1 year contract to apply for SOWP. Unless, based on your current assets you can convince the officer that you can maintain yourself and your family (even dependents not here in Canada) with your currents assets. Best of luck!

 

[Matt173]

Thanks, I will probably take the risk as my wife got a full time offer and I am a provincial Nominee and both of us applied for PR.

It is hard to say. If you have financial resources, I would wait until getting a permanent offer or at least 1 year contract to apply for SOWP. Unless, based on your current assets you can convince the officer that you can maintain yourself and your family (even dependents not here in Canada) with your currents assets. Best of luck!

 

[scylla]

Hi,
I wonder whether someone can share what type of job the principal applicant and Post Graduate Work Permit holder must hold in order to sponsor his wife for an extension of an Open Work Permit?

I read that the job must be of NOC 0, A, or B. However, can it be part-time? I was offered a part-time limited contract (for now just for 1 semester) professor position at public accredited college and want to apply for the Open Work Permit extension of my wife. Will this job be sufficient along with 3 pay stubs? Or does the job have to be full-time with unlimited contract?

Thanks

IMO your main problem is that the job offer is only for one semester. The fact it is part time is not an issue. However for your spouse to qualify for the OWP, your job needs to be for a duration of at least six months. Unfortunately that means there's a pretty significant risk of refusal.

 

[Matt173]

Can you please provide a link where it is mentioned that the duration of the job should be for at least 6 month? I only read that my work permit should be valid for more than 6 months which it is (until 2025, PGWP).

IMO your main problem is that the job offer is only for one semester. The fact it is part time is not an issue. However for your spouse to qualify for the OWP, your job needs to be for a duration of at least six months. Unfortunately that means there's a pretty significant risk of refusal.

 

[scylla]

Can you please provide a link where it is mentioned that the duration of the job should be for at least 6 month? I only read that my work permit should be valid for more than 6 months which it is (until 2025, PGWP).

You are absolutely right. I haven't had enough coffee today yet.

The part time thing is fine. The job doesn't have to be full time.

I don't think the income is going to be a problem. It's about making sure you are working in a NOC A/B/0 role which you obviously are as a teacher.

 

[Matt173]

That was my take of reading the government C41 section.

I have one follow-up question which may not be directly related to this topic: Given that I have applied for PR as provincial nominee and now apply for my spouse's OWP do we still need to show that we will be leaving Canada after the expiration of our OWP? I think there might be a section in the spouse OWP application which asks us to demonstrate that we have ties to our home country and will return to our home country because the OWP is only a temporary visa. However, we also applied for PR and I am a provincial nominee. It seems strange that we would try to convince the immigration officer that we have an intent to leave the country after the expiration of our visa even though we applied for PR (we are not yet accepted in principle) but waiting for that stage.

Any thoughts?

Thanks

You are absolutely right. I haven't had enough coffee today yet.

The part time thing is fine. The job doesn't have to be full time.

I don't think the income is going to be a problem. It's about making sure you are working in a NOC A/B/0 role which you obviously are as a teacher.

 

[AnaCamp]

That was my take of reading the government C41 section.

I have one follow-up question which may not be directly related to this topic: Given that I have applied for PR as provincial nominee and now apply for my spouse's OWP do we still need to show that we will be leaving Canada after the expiration of our OWP? I think there might be a section in the spouse OWP application which asks us to demonstrate that we have ties to our home country and will return to our home country because the OWP is only a temporary visa. However, we also applied for PR and I am a provincial nominee. It seems strange that we would try to convince the immigration officer that we have an intent to leave the country after the expiration of our visa even though we applied for PR (we are not yet accepted in principle) but waiting for that stage.

Any thoughts?

Thanks

I had the same question before as I applied for PGWP and PR. Since your PR application is not approved, I would still show ties to my home country and explain to the officer that I would return at the end on my "legal" status. And, of course, disclose that you have a pending PR application, otherwise, it might fall under misrepresentation.

On another note, if both of you applied for PR...Is your stream not eligible for work permit? While waiting PR decision?

My PR was via AIP and any NOC is eligible to apply for SOWP.

 

[Matt173]

Thanks for sharing your experience. Very helpful!

I am provincial nominee with a post graduate open work permit until 2025. My wife has an open work permit which expires this December 2022, hence our wanting to extend or OWP, though I think the correct term is to apply for a NEW open work permit for her because the current OWP was granted while I was an international student and we would now apply for her SOWP with me being provincial nominee. Similar to your stream as provincial nominee any NOC is fine for my work. I applied for PR as provincial nominee and applied for her PR as well as part of my PR application.

I had the same question before as I applied for PGWP and PR. Since your PR application is not approved, I would still show ties to my home country and explain to the officer that I would return at the end on my "legal" status. And, of course, disclose that you have a pending PR application, otherwise, it might fall under misrepresentation.

On another note, if both of you applied for PR...Is your stream not eligible for work permit? While waiting PR decision?

My PR was via AIP and any NOC is eligible to apply for SOWP.

 

[AnaCamp]

Thanks for sharing your experience. Very helpful!

I am provincial nominee with a post graduate open work permit until 2025. My wife has an open work permit which expires this December 2022, hence our wanting to extend or OWP, though I think the correct term is to apply for a NEW open work permit for her because the current OWP was granted while I was an international student and we would now apply for her SOWP with me being provincial nominee. Similar to your stream as provincial nominee any NOC is fine for my work. I applied for PR as provincial nominee and applied for her PR as well as part of my PR application.

I thought you were applying based on your PGWP. So, if it is based on your PR application, the requirements are different. My understanding is that you do not need the three pay slips, neither be working full time. I believe she qualifies under the following:

Spouses or common-law partners of provincial nominees
If the principal foreign national is working at any occupation level, has a work permit issued under any category and has a formal nomination from a province other than Quebec:

The principal foreign national’s work permit must be valid for 6 months after the spousal open work permit application is submitted. The spousal open work permit should have a validity that matches the principal foreign national’s work permit or until the expiry of the spouse or common-law partner’s passport or travel document, whichever is earlier.

The spousal open work permit application may be submitted inside or outside of Canada. It may be submitted with or after the principal foreign nationals permit application.

Same page on the link I sent before. Of course I would send as much proof of current employment and financial information as I could.

 

[Matt173]

I know that even if I applied under Post Graduate Work Permit and not as Provincial Nominee then I also do not need to be working full-time. But about the 3 pay stubs I never heard that they are not required if I apply as Provincial Nominee. My understanding is that I still need them. Do you have any links or references that suggest otherwise?

I thought you were applying based on your PGWP. So, if it is based on your PR application, the requirements are different. My understanding is that you do not need the three pay slips, neither be working full time. I believe she qualifies under the following:

Spouses or common-law partners of provincial nominees
If the principal foreign national is working at any occupation level, has a work permit issued under any category and has a formal nomination from a province other than Quebec:

The principal foreign national’s work permit must be valid for 6 months after the spousal open work permit application is submitted. The spousal open work permit should have a validity that matches the principal foreign national’s work permit or until the expiry of the spouse or common-law partner’s passport or travel document, whichever is earlier.

The spousal open work permit application may be submitted inside or outside of Canada. It may be submitted with or after the principal foreign nationals permit application.

Same page on the link I sent before. Of course I would send as much proof of current employment and financial information as I could.

 

[AnaCamp]

I know that even if I applied under Post Graduate Work Permit and not as Provincial Nominee then I also do not need to be working full-time. But about the 3 pay stubs I never heard that they are not required if I apply as Provincial Nominee. My understanding is that I still need them. Do you have any links or references that suggest otherwise?

Just look at my first link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#toc5

If you still have questions after reading the whole page. Call IRCC or send a webform.

 

[Kuldeep gill]

Hi there I have a question, I have Manitoba provincial nomination and its expired but I have my PR application in process and also have AOR. I talked to an agent about my Spouse’s work permit application and she said you are not eligible because you have PGWP and you need NOC B job for that. She said if you have an employer specific work permit or bridging open work permit then you can apply for your Spouse regardless of your job but as you have pgwp so your spouse will get refusal because you don’t have noc b. Can anyone give me advice what should I do? My job is not noc b. Thank you.