Regarding Open work permit

[sairaghav1]

Hi all,

I found this forum providing lot of useful information and thought of presenting my situation as well.

Me and my spouse had plans to immigrate to Canada and we have submitted PR with my husband as the principle applicant from new delhi,india post june 26th 2010 category..yet to receive any kind of acknowledge for the same.

As luck would have it,I got an opportunity to work in canada on a closed work permit which is valid till 2012 and am already in canada for 6 months now.I am now looking at ways of bringing my husband to join me in Canada even before PR gets through .If we wait for PR,it would take a lot more time before we start to live together.

The various options for him could be:-

1.As I have a valid work permit for 1 more year and of skill category A,he could apply for Open work permit from India.But i am hearing lot of negative things about this option being rejected though we satisfy all the criteria..Is this true?
Also he is a PR applicant.Could that be a problem for getting open work permit?

2. Apply for visitors visa from india ,request for OWP at the port of entry.but i hear that a PR applicant has problems to get Visitor's visa when PR is in process


I am now really in a confused state now as we don't even know the status of acceptance of our PR application at this time.
Also I dont see any other way for him to join me here for now other than option 1 or 2 .Could someone please help in this regard.

Both of us are from a techno functional background.

Many Thanks,

 

[sairaghav1]

Hi,
i did not hear any response on my post below.

Could some one help me on this please?



Hi all,

I found this forum providing lot of useful information and thought of presenting my situation as well.

Me and my spouse had plans to immigrate to Canada and we have submitted PR with my husband as the principle applicant from new delhi,india post june 26th 2010 category..yet to receive any kind of acknowledge for the same.

As luck would have it,I got an opportunity to work in canada on a closed work permit which is valid till 2012 and am already in canada for 6 months now.I am now looking at ways of bringing my husband to join me in Canada even before PR gets through .If we wait for PR,it would take a lot more time before we start to live together.

The various options for him could be:-

1.As I have a valid work permit for 1 more year and of skill category A,he could apply for Open work permit from India.But i am hearing lot of negative things about this option being rejected though we satisfy all the criteria..Is this true?
Also he is a PR applicant.Could that be a problem for getting open work permit?

2. Apply for visitors visa from india ,request for OWP at the port of entry.but i hear that a PR applicant has problems to get Visitor's visa when PR is in process


I am now really in a confused state now as we don't even know the status of acceptance of our PR application at this time.
Also I dont see any other way for him to join me here for now other than option 1 or 2 .Could someone please help in this regard.

Both of us are from a techno functional background.

Many Thanks,

 

[Leon]

You are also a PR applicant and you were granted a work permit so it is not like that excludes you from getting a temporary visa. They might however have taken into account that you would not overstay because you are leaving your husband behind and if he applies for a TRV, he is not really leaving anyone behind. That still doesn't mean that he will not get a TRV. He should definitely try it.

As for applying for the OWP now or later, I don't think it really matters. If they will not give him a TRV, he will not get the OWP either. If he gets the TRV, it should not be a problem to get the OWP. Actually he does not qualify to apply for OWP as he enters Canada because you have to be visa exempt to do that. He could still try it though, maybe they will give it to him. If not, he could also apply from inside Canada.

 

[sairaghav1]

Thanks Leon...from your reply i guess it is worth a try..

If my husband decides to apply for open workpermit inland (after reaching canada),is there a considerable chance of success given my current situation?


Thanks again

 

[Leon]

If they give him a TRV, I don't think they will deny him an OWP.

 

[sairaghav1]

Thanks a ton Leon...I am more clear about my situation now !!!!

 

[aspire]

Leon,

If the work visa holder has a NOC category A, isn't that the accompanying spouse is automatically qualified for an open work permit? Please calrify as this is my undestanding to the CIC's gudideline for work visa applications. Thanks.

You are also a PR applicant and you were granted a work permit so it is not like that excludes you from getting a temporary visa. They might however have taken into account that you would not overstay because you are leaving your husband behind and if he applies for a TRV, he is not really leaving anyone behind. That still doesn't mean that he will not get a TRV. He should definitely try it.

As for applying for the OWP now or later, I don't think it really matters. If they will not give him a TRV, he will not get the OWP either. If he gets the TRV, it should not be a problem to get the OWP. Actually he does not qualify to apply for OWP as he enters Canada because you have to be visa exempt to do that. He could still try it though, maybe they will give it to him. If not, he could also apply from inside Canada.

 

[Leon]

Leon,

If the work visa holder has a NOC category A, isn't that the accompanying spouse is automatically qualified for an open work permit? Please calrify as this is my undestanding to the CIC's gudideline for work visa applications. Thanks.

Everybody who needs a TRV needs to prove that they will not overstay. Immigration is not under obligation to give anyone a TRV. The husband may first apply for a work permit and he may state in his application that he will not overstay because he is leaving his wife behind. Then they wife applies for a TRV to join him based on that she would qualify for an OWP based on his work permit but how will she prove that she will not overstay? She is not leaving anyone behind.

So if immigration feels that the wife can not prove that she will return they will not give her a TRV and if she can't get a TRV, she can't get an OWP.

If they are visa exempt, completely different story. Then they can enter Canada together and the spouse will almost certainly get the OWP barring some criminal check problems or whatever may arise.

 

[aspire]

Leon,

Thank you very much for your reply. I am scared now. I am about to apply for work permit and I am bringing with me my spouse and my child. Do they really reject WP applications if spouse and children are accompanying to Canada? I have a friend who applied for WP and brought with her to Canada her husband and 2 kids from the beginning but were granted a visa. Guidelines in the CIC webiste explains in detail how to go through procedures of applying for working permit with accompanying spouse and kids. And I cannot find anything that says that if someone is applying for working permit and will bring his or her whole family with him or her will most likely get a rejection. Canada as I have understood is in fact very much into ways to promote family togetherness. I really cannot undestand why there are lots of posts that says WP applications with accompanying spouse and children will get a rejection. Kindly enlighten?

 

[Leon]

You are bringing a spouse and a child with you but you are visa exempt or they already have a visa? Then you do not have a problem. If you are visa exempt, they have accepted that people from your country are unlikely to overstay. If you got visas, they have accepted that your family in particular is unlikely to overstay.

If you apply as a family, they may look at your application as a unit while if one partner is already in Canada, possibly getting the temporary permit on the basis of having left their family behind but otherwise not having strong ties, if the family applies to join him later, they might consider that the family does not have strong ties and could refuse them a visa.

 

[aspire]

Leon,
I am not coming from a visa exempt country. We all do not have the visas yet. And we are all outside Canada at present. I have a positive LMO, job offer letter from a Canadian employer, and a pending PR application too. (In process from July 31, 2009). I have been to Canada once on a visit visa to take the Canadian Registered Nurse Examination, and i did not overstay. My NOC is 3152, I am a Canadian Registered Nurse and my spouse is an engineer though not having the Canadian license yet. We have enough funds to show that we are capable of supporting ourselves in Canada in addition to my full time work in Canada with CAD 35.76 an hour salary. I am about to file for my temporary work permit application to inlude my spouse and my child in my application as my dependents, and we all are coming together to Canada at the same tiem if granted the visa. Now, my questions are: What is our chance of getting that visa? Is it most likely to be rejected because we are not leaving any immediate family behind? Can you suggest what are the best thing we can do? Your opinion and suggestion will be highly appreciated. Thank you very much.

 

[Leon]

You have to show ties to your homeland and that you will return there. It depends on the embassy how easy or hard it is to get a visa. I can not really tell you any percentage likelyhood of getting it or not but in most cases, if people are denied a visa, it is because they are considered to be a risk to overstay.

 

[aspire]

Leon,

Thank you very much. I think I just have to proceed as planned. Just like with my visit visa application which was approved in the past, I will also attach an undertaking swearing to the officer that we are aware of the time we are allowed to stay in Canada and do not have any plans to overstay. Thanks again.

You have to show ties to your homeland and that you will return there. It depends on the embassy how easy or hard it is to get a visa. I can not really tell you any percentage likelyhood of getting it or not but in most cases, if people are denied a visa, it is because they are considered to be a risk to overstay.