Question about BOWP and (potential) dependency on Student Visa

[El Mexicano]

Hi, I need help with a question regarding the BOWP process. I currently hold an OWP that is dependent on my wife's Student visa. My Open Work Permit would automatically be lost if for some reason she is not enrolled in full time studies. I have applied (as principal applicant via CEC) for Permanent Residency on June 2nd and have also received AOR on July 17th, so naturally I am about to apply for a BOWP and ask for my wife's student visa extension AND OWP.

If we both get the required visa type (BOWP for me and Student/OWP for her), would I lose my BOWP if for some reason she is not enrolled in full time studies? In other words, would my dependency on her visa prevail or does it break once I process my BOWP as principal applicant?

Thanks a lot for your help!

 

[PMM]

Hi

Hi, I need help with a question regarding the BOWP process. I currently hold an OWP that is dependent on my wife's Student visa. My Open Work Permit would automatically be lost if for some reason she is not enrolled in full time studies. I have applied (as principal applicant via CEC) for Permanent Residency on June 2nd and have also received AOR on July 17th, so naturally I am about to apply for a BOWP and ask for my wife's student visa extension AND OWP.

If we both get the required visa type (BOWP for me and Student/OWP for her), would I lose my BOWP if for some reason she is not enrolled in full time studies? In other words, would my dependency on her visa prevail or does it break once I process my BOWP as principal applicant?

Thanks a lot for your help!

1. If your OWP expiry date is greater than 4 months, then you are not eligible for a BOWP.
2. If your spouse drops out of school, then CIC will take steps to have her removed from Canada, under the new rules, she must be in full time school.

 

[A.G.Pennypacker]

This is a risky strategy for two main reasons...

A) if it's discovered that she's not enrolled full time she'll lose her student work permit and her study permit. This will leave you in limbo as your status in Canada is dependent upon her being enrolled in full time studies. Your wife could be expelled for misrepresentation and as her spouse I think you'd both be inadmissible for a certain time.

B) Even if her absence from university is somehow overlooked by CIC in the short term there's still a chance that the Officer processing your PR application might request her transcripts. If she can't produce them your PR application would certainly be denied.

I suppose there's a chance no one would notice but I'd recommend that your wife remain enrolled (full time) until you have Permanent Residency. You'd be making a huge gamble otherwise.

Not to mention, you'd only become eligible for a BOWP when there's less than four months left on your SOWP. If she's renewing her SP you'll simply be given an OWP that's valid for the same period, thus you'd have no need for a bridge.

Fyi: BOWP's have a maximum duration of 1 year from the day you apply. If your PR application hasn't been processed in that time you will have to leave Canada as BOWP's are seldom issued twice to the same applicant.

 

[El Mexicano]

Thank you so much folks. This really dissipated my doubts and pointed me in the right direction. I truly appreciate your advise!