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Secondary applicant on OWP?

dec192009

Newbie
Aug 12, 2013
2
0
Hello All,

I have got Open Work Permit from my wife's(Primary applicant) company. Now she's going back to India. Can I continue my work here? Is it legal?

Please suggest.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


dec192009 said:
Hello All,

I have got Open Work Permit from my wife's(Primary applicant) company. Now she's going back to India. Can I continue my work here? Is it legal?

Please suggest.
Nope, if she leaves Canada your spousal work permit is invalid. FW Manual Section 5.38

"The principal foreign worker and spouse must physically reside, or plan to physically reside,
in Canada while working."
 

dec192009

Newbie
Aug 12, 2013
2
0
But when i called the CIC yesterday they said, I can work as long as my work permit is valid, without the primary applicant.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


dec192009 said:
But when i called the CIC yesterday they said, I can work as long as my work permit is valid, without the primary applicant.
They gave you the wrong answer. Here is the Foreign Workers Manual section:

5.38. Public policy, competitiveness and economy R205(c)(ii)
The following programs are designated as work that can be performed by a foreign national
based on the criteria listed in R205(c)(ii).
A. Spouses or common-law partners of skilled workers, C41
Spouses or common-law partners of skilled people coming to Canada as temporary foreign
workers may themselves be authorized to work without first having a confirmed job offer.
Eligibility requirements of the principal foreign worker which allow the spouse to qualify for a work
permit are as follows:
• The principal foreign worker must be doing work which is at a level that falls within National
Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s
Web page at http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml. The skill levels
can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled
tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least
six month’s duration, or, if working under the authority of R186 without a work permit, must
present evidence that they will be working for a minimum of six months.
The principal foreign worker and spouse must physically reside, or plan to physically reside,
in Canada while working.