post graduation visa and spouse visa

[pezzodefero]

hello ,
this is my first post in this forum, hope someone can help us
my wife came in ontario in sep 2009 as an international student with a study visa, i was able to apply for an open work visa ,
after her graduation she applied for the post graduation work visa, i did the same as spouse.
today she recived her visa...but they refused my application.
the wrote me a letter saying that i-m not able to apply for an open work visa.

do you know if i can do anything, do you know where i can find some information on the CIC website this part (spouse and post graduation) is not so clear.

thanks
Gab

 

[PMM]

Hi

hello ,
this is my first post in this forum, hope someone can help us
my wife came in ontario in sep 2009 as an international student with a study visa, i was able to apply for an open work visa ,
after her graduation she applied for the post graduation work visa, i did the same as spouse.
today she recived her visa...but they refused my application.
the wrote me a letter saying that i-m not able to apply for an open work visa.

do you know if i can do anything, do you know where i can find some information on the CIC website this part (spouse and post graduation) is not so clear.

thanks
Gab

Interesting. About a year ago I theorized in the forum that a spouse of a person on a PGWP wouldn't be eligible for a work permit as it wasn't covered in the Regulations. The work permit for spouses of students and worker was covered under R199

Application after entry

199. A foreign national may apply for a work permit after entering Canada if they

(a) hold a work permit;
(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;
(c) hold a study permit;
(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(e) are a family member of a person described in any of paragraphs (a) to (d);

It would appear that a decision was made that the TWP would be issued under R200

Canadian interests

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that
(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;
(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
(c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,
(i) the work is related to a research, educational or training program, or
(ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or
(d) is of a religious or charitable nature.

It would appear that this may no longer be the case.

 

[pezzodefero]

ok,
thank you PMM,
this is challenging for my english skills ;D

in your opinion, do i have any chance to get the open work visa?

gab

 

[rjessome]

Hi

Interesting. About a year ago I theorized in the forum that a spouse of a person on a PGWP wouldn't be eligible for a work permit as it wasn't covered in the Regulations. The work permit for spouses of students and worker was covered under R199

Application after entry

199. A foreign national may apply for a work permit after entering Canada if they

(a) hold a work permit;
(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;
(c) hold a study permit;
(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(e) are a family member of a person described in any of paragraphs (a) to (d);

It would appear that a decision was made that the TWP would be issued under R200

Canadian interests

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that
(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;
(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
(c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,
(i) the work is related to a research, educational or training program, or
(ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or
(d) is of a religious or charitable nature.

It would appear that this may no longer be the case.

Seems to be the case these days that they are are likening PGWPs to WHVs since they are open and can work in any skill level. Lots of colleagues have reported these spousal OWPs being refused lately on the same grounds. It would be nice if something they have been doing for so long for which they've now changed internal policy, would get an OB doncha think? I think your crystal ball might be working again.

 

[icecool222]

hello ,
this is my first post in this forum, hope someone can help us
my wife came in ontario in sep 2009 as an international student with a study visa, i was able to apply for an open work visa ,
after her graduation she applied for the post graduation work visa, i did the same as spouse.
today she recived her visa...but they refused my application.
the wrote me a letter saying that i-m not able to apply for an open work visa.

do you know if i can do anything, do you know where i can find some information on the CIC website this part (spouse and post graduation) is not so clear.

thanks
Gab

Can i ask how long you studied in Canada and how long was your WP?

 

[pezzodefero]

to icecool222: my wife study here for two accademic years, and she got e tree year open work permit now.

the problem is that , in the main time, we bougth a house and we are running a B&B .
she has a contract for a ten months job (starting from next september)
but now if i cannot work could be a problem.

do you guys think is there anything i can do??? maybe with an help of a lawyer?

thanks for all the info

gab

 

[pezzodefero]

according to wath the CIC call center person told me by the phone, now that my spouse started a skilled job Early childhood educator, i'm able to restore my OWV.
it sound like a good news
can someone tell me where i can find prove of that? i want to be sure i will get the visa before i spend another 350 dollars.

2 question
can i go to the us and come back, and apply for this OWV there??? i will bring all the paper (letter of my spouse work contract and copy of hers PGWV ect.

thanks a lot
Gabriele

 

[mwan]

Hi all,

I just applied for my PGWP and included my husband as well for his open work permit (he has had one while I was a student) But from reading here it seems that spouse open work permits are being rejected? I will panic because his job/income is what pays for our lives I also just got a job as a nurse would that help.

please let me know.

wan

 

[maribe]

to wan, do you have still valid study permit ?

 

[kat765]

Hi I currently have a PGWP in Canada and also working in a job under Skill Level A. Can my spouse now apply for an 'Open Work Permit'?
What are his chances of getting it?

 

[enfield]

Hi I currently have a PGWP in Canada and also working in a job under Skill Level A. Can my spouse now apply for an 'Open Work Permit'?
What are his chances of getting it?

Hi,

We have many cases here where 'Open Work Permit' is restricted only upto the duration of spouse's PGWP.

And, when spouse switch over from PGWP to full work permit, there is NO guarantee of 'Open Work Permit' for partner as well.

 

[pezzodefero]

@kat765

i got my open work visa last week(it took 2 months) , because my common_law partner is working as a skilled worker (she has the Post gradiation work visa)

my visa espiration date is the same of hers.
after one year of full time job (under Post Grad WV) you can apply for the permanent resident card, here in Ontario.

good luck
Gabriele

 

[enfield]

@ kat765

i got my open work visa last week(it took 2 months) , because my common_law partner is working as a skilled worker (she has the Post gradiation work visa)

my visa espiration date is the same of hers.
after one year of full time job (under Post Grad WV) you can apply for the permanent resident card, here in Ontario.

good luck
Gabriele

Hi,

Congrats, at least in the last 4 months on this forum, I can see first case of OWP based on partner's PGWP. I am still not sure if this is your first OWP or a second continued one (first being on partner's student visa).

Any clarification?

 

[pezzodefero]

i got an OWV becouse my partner was an international student.

then she got the PGWV,but they refuse my applcation.

when she started a skilled job i was able to apply for the OWV (restoration ), and i got it!

thanks
Gabriele

 

[enfield]

i got an OWV becouse my partner was an international student.

then she got the PGWV,but they refuse my applcation.

when she started a skilled job i was able to apply for the OWV (restoration ), and i got it!

thanks
Gabriele

Hi,

Thanks,

I think it's a perfect answer for all those refused OWP applicant. No one is talking about OWP-Restoration process (possibly due to lack of information/procedure).

Anyway, I will use your post as a good example.