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SOWP application taking too long to process

YVR123

VIP Member
Jul 27, 2017
7,377
2,867
Family members of WP holders who are Economic Class PR applicants or chosen by a province [R205(c)(ii) – C49] – Canadian interest – IMP - Canada.ca

Read up on Principal Foreign National


Principal foreign nationals
The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186, other than under paragraphs R186(v) or (w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the work permit categories provided under the administrative codes C41, C42, C47 or C49 based on the dependent spouse’s spousal open work permit and Training, Education, Experience and Responsibilities (TEER) category.

For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under labour market impact assessment (LMIA) exemption code C42 for spouses of study permit holders, the study permit holder cannot quit their studies and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment.
 

cgst41

Member
Apr 6, 2024
13
0
Family members of WP holders who are Economic Class PR applicants or chosen by a province [R205(c)(ii) – C49] – Canadian interest – IMP - Canada.ca

Read up on Principal Foreign National


Principal foreign nationals
The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186, other than under paragraphs R186(v) or (w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the work permit categories provided under the administrative codes C41, C42, C47 or C49 based on the dependent spouse’s spousal open work permit and Training, Education, Experience and Responsibilities (TEER) category.

For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under labour market impact assessment (LMIA) exemption code C42 for spouses of study permit holders, the study permit holder cannot quit their studies and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment.
If you read this carefully "The principal foreign national cannot obtain a spousal open work permit under the work permit categories provided under the administrative codes C41, C42, C47 or C49 based on the dependent spouse’s spousal open work permit"

That means I (Principal applicant) can not obtain SOWP base on my spouse OPEN work permit. The thing here IS my spouse is applying for a Study permit. So that doesn't count here. Right?