Question on Spouse to work in Canada

[balkarthik]

Hi there,

I'm in a big dilema with my PR and Work permit extention that are getting processed parellel.

1. My work permit expiring in Nov 2019 end - i have applied for extention and filed the same for me and my family.
2. I have a submitted the document for PR under CEC class. Medical Passed , but still the application is in progress.

My wife is current working in a permanent job in BC (open work permit). But i'm been told by my company (not IRCC) to go back to india in next couple of weeks.

Question 1 - Can my wife continue working here without me in the country, with the filed work permit which is not yet approved?
Question 2 - Will there be any problem for my PR? What should i do for this?
Question 3 - Can my wife apply for a open work under her company to continue working here? In that case is she elligible to work until she gets approval?

Thanks

 

[k.h.p.]

Why are you being told to go back to India? Did IRCC tell you that in a decision letter?

 

[balkarthik]

No, its not from IRC. I'm from india based IT company and my assignment suddently ended. Hence moving back.

 

[jes_ON]

Hi there,

I'm in a big dilema with my PR and Work permit extention that are getting processed parellel.

Did you apply for a Bridging Open Work Permit?

1. My work permit expiring in Nov 2019 end - i have applied for extention and filed the same for me and my family.
2. I have a submitted the document for PR under CEC class. Medical Passed , but still the application is in progress.

My wife is current working in a permanent job in BC (open work permit). But i'm been told by my company (not IRCC) to go back to india in next couple of weeks.

You can stay in Canada until you get a response to your work permit application. If you did not apply for a BOWP, but another closed work permit, my advice would be to withdraw that application and submit a BOWP application immediately.

To be clear, a company cannot tell you to leave Canada. If you want to continue working for them, of course you can do it if you want. But if you want to stay in Canada, that only depends on you having valid status in Canada.

Question 1 - Can my wife continue working here without me in the country, with the filed work permit which is not yet approved?
She can stay on implied status until a decision is made on the work permit application.

Question 2 - Will there be any problem for my PR? What should i do for this?
No, it should have no impact on the PR application.

Question 3 - Can my wife apply for a open work under her company to continue working here? In that case is she elligible to work until she gets approval?

No, open work permits are issued based on a spouse´s skilled employment. If you are no longer employed here in Canada, she will not be eligible for a spouse open work permit.

ALL answers above are dependent on whether you applied for a BOWP or TWP however. There is a BIG difference in your options between those two.

 

[balkarthik]

Thanks for the detailed reply... I did file the work permit extention and later recieved ITA. When i asked my company for BOWP, they are telling me to wait for COPR (or) decision to the current work permit whichever comes first.

Why do you suggest BOWP instead work permit extention? Any reason for that?

Even if i go out of country, I still can come to canada once i recieve my COPR? Right?

 

[jes_ON]

Thanks for the detailed reply... I did file the work permit extention and later recieved ITA.

When i asked my company for BOWP, they are telling me to wait for COPR (or) decision to the current work permit whichever comes first.
Your company does not apply for a BOWP. You do.
And now your company wants you to leave Canada. So the job offer that was the basis for your TWP is no longer valid.

Why do you suggest BOWP instead work permit extention? Any reason for that?
Besides the fact that it sounds like your TWP will no longer be valid? Besides the fact that the TWP ties you to an employer who doesn´t want you to work in Canada anymore?

If you get the BOWP instead of the TWP, you will be able to work for a different employer in Canada.

Even if i go out of country, I still can come to canada once i recieve my COPR? Right?
Yes, of course. But your wife will probably also have to leave. If that is OK with you, it is not a problem.

 

[balkarthik]

Thanks a lot for your response. Indeed it helped a lot in taking decesion.