SOWP from husband's PGWP - principal foreign applicant

[tina2022]

Hi, I was studying in Canada until recently, but my PGWP got refused due to part time studies. I am back home now, and don't have any Canadian work experience. My spouse has submitted his 3 year PGWP application, and I will be applying for a SOWP soon based on his PGWP submission confirmation. He has 3 biweekly paystubs in a NOC A occupation already, while waiting for his PGWP approval on implied status.

My question is about the "principal foreign applicant" thing mentioned for SOWP applications. The thing is, even though he has a PGWP and I don't (so he received that work permit first), my study permit actually began before his -- as in, in the study permits that we held previously, I was the first one out of us both to receive mine. So in this case, would he be the principal foreign applicant and be able to get me a SOWP based on his PGWP, or no? And how important is the "principal foreign applicant" stuff for the SOWP?

I miss him a lot and I want to be back in Canada soon, hoping I am able to come somehow. Would appreciate some guidance.

 

[scylla]

Hi, I was studying in Canada until recently, but my PGWP got refused due to part time studies. I am back home now, and don't have any Canadian work experience. My spouse has submitted his 3 year PGWP application, and I will be applying for a SOWP soon based on his PGWP submission confirmation. He has 3 biweekly paystubs in a NOC A occupation already, while waiting for his PGWP approval on implied status.

My question is about the "principal foreign applicant" thing mentioned for SOWP applications. The thing is, even though he has a PGWP and I don't (so he received that work permit first), my study permit actually began before his -- as in, in the study permits that we held previously, I was the first one out of us both to receive mine. So in this case, would he be the principal foreign applicant and be able to get me a SOWP based on his PGWP, or no? And how important is the "principal foreign applicant" stuff for the SOWP?

I miss him a lot and I want to be back in Canada soon, hoping I am able to come somehow. Would appreciate some guidance.

If you received your study permit first then you are technically the principal foreign applicant. The principal foreign applicant rule does in fact apply to SOWPs. I think it's hard for any of us to guess what will happen. You might as well try applying for the SOWP and see what happens. I think you should be prepared for the possibility the SOWP will be refused due to the principal foreign applicant rule. But I think there's some chance of approval too. Hard to say...

 

[tina2022]

If you received your study permit first then you are technically the principal foreign applicant. The principal foreign applicant rule does in fact apply to SOWPs. I think it's hard for any of us to guess what will happen. You might as well try applying for the SOWP and see what happens. I think you should be prepared for the possibility the SOWP will be refused due to the principal foreign applicant rule. But I think there's some chance of approval too. Hard to say...

Ohh okay... I hope its not a hard rule, fingers crossed. Are there any other spousal programs or pathways to a work permit or a future PR (through my husband) for me that do not have the "principal foreign applicant" rule?

 

[scylla]

Ohh okay... I hope its not a hard rule, fingers crossed. Are there any other spousal programs or pathways to a work permit or a future PR (through my husband) for me that do not have the "principal foreign applicant" rule?

It is a hard rule. It will depend on how IRCC views your specific situation and if your situation meets that hard rule. I would start by applying and see what happens.