PNP Nominee and PR principal applicant, can wife extend her spousal open work permit?

[Matt173]

Hi,

My spouse holds a spouse open work permit valid until Dec 8, 2022. She wants to extend it and got a job offer at a bank. I hold a Post graduate work permit valid until 2025 and also am a PNP BC nominee, we are currently applying for PR with me being the principal applicant. Question: I currently do not have a job, can my wife still apply for an Open Work Permit extension without me having to have a job?

 

[Naturgrl]

Hi,

My spouse holds a spouse open work permit valid until Dec 8, 2022. She wants to extend it and got a job offer at a bank. I hold a Post graduate work permit valid until 2025 and also am a PNP BC nominee, we are currently applying for PR with me being the principal applicant. Question: I currently do not have a job, can my wife still apply for an Open Work Permit extension without me having to have a job?

If her work permit is based on your study permit and PGWP, you must show a job with 3 paystubs in a NOC A, B or 0 job with an employment letteR. You have time.

 

[Matt173]

She got an open work permit because of my previous study permit. She got the open work permit already before I got my PGWP. Would I still need a job in Noc 0,A,or B so that she can extend her open work permit? I know that as PNP Nominee I need to hold a job in any category, Noc does not matter, but I worry because I will get a job offer at earliest in September.

I guess my question is : can she apply to have her open work permit extended without me having to sponsor her at all based on the fact that she already got an open work permit and only wants to extend it AND that she has a job that she will start working at in the end of this month. With her job why would I be required and why would my status matter?

If her work permit is based on your study permit and PGWP, you must show a job with 3 paystubs in a NOC A, B or 0 job with an employment letteR. You have time.

 

[Naturgrl]

She got an open work permit because of my previous study permit. She got the open work permit already before I got my PGWP. Would I still need a job in Noc 0,A,or B so that she can extend her open work permit? I know that as PNP Nominee I need to hold a job in any category, Noc does not matter, but I worry because I will get a job offer at earliest in September.

I guess my question is : can she apply to have her open work permit extended without me having to sponsor her at all based on the fact that she already got an open work permit and only wants to extend it AND that she has a job that she will start working at in the end of this month. With her job why would I be required and why would my status matter?

Her work permit is based on your study permit and her extension will be based on your PGWP. So you have time in the next few months to get a job and then apply for her extension 30 days prior to expiry.

 

[Matt173]

I don't think the extension or new open work permit must be based on the PGWP. Where did you read that?

It clearly states that it can be based on my being a Provincial Nominee in which case the type of job I hold won't matter. Can you pls point to a source of you disagree?

Her work permit is based on your study permit and her extension will be based on your PGWP. So you have time in the next few months to get a job and then apply for her extension 30 days prior to expiry.

 

[Naturgrl]

I don't think the extension or new open work permit must be based on the PGWP. Where did you read that?

It clearly states that it can be based on my being a Provincial Nominee in which case the type of job I hold won't matter. Can you pls point to a source of you disagree?

But your spouse is not the primary applicant. Are you referring to BOWP?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

 

[Matt173]

Hmm, I am not sure you know what you are talking about. There are four options that I am aware of how my wife can get her open work permit extended.

1) I am a skilled worker in NOC 0,A or B and she applies for an extension.

2) I am a PGWP holder with a job in NOC 0,A,or B. She applies for an extension

3) I am a PNP Nominee, I can hold a job in any category and she can apply for an extension.

4) I get approved for PR in principle and then apply for a BOWP and for her open work permit extension at the same time. No job required as far as I know.

So, your claim that it must be linked to my PGWP is incorrect.

But your spouse is not the primary applicant. Are you referring to BOWP?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

 

[Naturgrl]

Hmm, I am not sure you know what you are talking about. There are four options that I am aware of how my wife can get her open work permit extended.

1) I am a skilled worker in NOC 0,A or B and she applies for an extension.

2) I am a PGWP holder with a job in NOC 0,A,or B. She applies for an extension

3) I am a PNP Nominee, I can hold a job in any category and she can apply for an extension.

4) I get approved for PR in principle and then apply for a BOWP and for her open work permit extension at the same time. No job required as far as I know.

So, your claim that it must be linked to my PGWP is incorrect.

I provided above the guidelines for BOWP for PNP, not PGWP. I don’t know your province nor whether through EE. When did you receive AOR? As provided in the guidelines above and in the link below it states that only the principal applicant is eligible but there are exceptions as you must meet conditions under C41. Click on the link above and read rules for BOWP for spouses. The link below is to apply for BOWP.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[Matt173]

You stated that her open work permit extension must be based on my PGWP which is simply incorrect. I pointed out different options as provided by CIC. Next you insist my statement about being a PNP Nominee and applying for a spousal open work permit is not possible and refer me to Bowp. Here is the link that clearly explains that PNP nominees can apply for a spouse open work permit. 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#toc6-3

Neither for BOWP nor PNP nominees only principal applicants can obtain an open work permit, but they can also apply for their spouse's open work permit.

I provided above the guidelines for BOWP for PNP, not PGWP. I don’t know your province nor whether through EE. When did you receive AOR? As provided in the guidelines above and in the link below it states that only the principal applicant is eligible but there are exceptions as you must meet conditions under C41. Click on the link above and read rules for BOWP for spouses. The link below is to apply for BOWP.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[Naturgrl]

You stated that her open work permit extension must be based on my PGWP which is simply incorrect. I pointed out different options as provided by CIC. Next you insist my statement about bring a PNP Nominee and applying for a spousal open work permit is not possible and refer me to Bowp. Here is the link that clearly explains that PNP nominees can apply for a spouse open work permit. 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#toc6-3

Neither for BOWP nor PNP nominees only principal applicants can obtain and open work permit, but they can also apply for their spouse's open work permit.

I never implied that. You mentioned PWP and PNP. You need to figure out under which section she is eligible for an extension through either PGWP or BOWP. I provided you with the same link and provided you with info on C41 work permit. I refer you to BOWP because you are the principal applicant, not your spouse. You need your AOR to submit a BOWP so she can apply for work permit (C41) at the same time.

So if she is eligbile from the link we both provided:

If the principal foreign national has obtained a bridging open work permit (BOWP) [LMIA-exemption code A75 – Province of destination: all except Quebec), the following eligibility requirements apply:

• All principal foreign nationals’ work permits (that is you) must be valid for 6 months or longer, regardless of permanent resident category.
• Applications (BOWP and C41 WP) may be submitted together if they are both in Canada, but the C41 WP cannot be issued before the BOWP. If the spouse or common-law partner is outside Canada, they must wait until the principal foreign national obtains their BOWP to apply for the spousal open work permit.
  • For spouses or common-law partners of provincial nominee class (PNC) applicants, the spouse or common-law partner is eligible for an open work permit for the duration of the work permit held by the principal PNC applicant, irrespective of the skill level of the principal PNC applicant’s occupation.

So if you have AOR for your nomination, and meet the points above, she is eligible.

 

[Matt173]

And that is where you are incorrect. I DON'T NEED a BOWP to apply for my spouse's owp. I merely need to be a PNP Nominee as explained in the link in my post above. Anyway I can't apply for BOWP right now because my PR application is not yet approved in principle (applied via online NON EE).

I never implied that. You mentioned PWP and PNP. You need to figure out under which section she is eligible for an extension through either PGWP or BOWP. I provided you with the same link and provided you with info on C41 work permit. I refer you to BOWP because you are the principal applicant, not your spouse. You need your AOR to submit a BOWP so she can apply for work permit (C41) at the same time.

So if she is eligbile from the link we both provided:

If the principal foreign national has obtained a bridging open work permit (BOWP) [LMIA-exemption code A75 – Province of destination: all except Quebec), the following eligibility requirements apply:

• All principal foreign nationals’ work permits (that is you) must be valid for 6 months or longer, regardless of permanent resident category.
• Applications (BOWP and C41 WP) may be submitted together if they are both in Canada, but the C41 WP cannot be issued before the BOWP. If the spouse or common-law partner is outside Canada, they must wait until the principal foreign national obtains their BOWP to apply for the spousal open work permit.
  • For spouses or common-law partners of provincial nominee class (PNC) applicants, the spouse or common-law partner is eligible for an open work permit for the duration of the work permit held by the principal PNC applicant, irrespective of the skill level of the principal PNC applicant’s occupation.

So if you have AOR for your nomination, and meet the points above, she is eligible.

 

[chitrarth236]

I am currently on my Post-Graduation Work Permit (PGWP) and employed in an NOC A-type job. I am eligible for the British Columbia PNP International Post-Graduate stream. My wife lives with me on a spousal open work permit. If I apply for permanent residency (PR) through the BC PNP International Post-Graduate stream, will my wife also be eligible to obtain PR with me?