SOWP Query

[ykarkera]

Hi,

My wife is currently on PWGP and I am on SOWP. Our permit expires next year May.

I now plan to study in Canada and have been exploring different study options. Masters is in my list however since I have work experience there are some good post grad diploma program of 2 years length that I might consider.

My question is, if I take up the 2 year post grad diploma program, can my wife who is currently on PGWP inside Canada with a full time job get a SOWP?

Are there any such exceptions to the new rule on SOWP?

 

[Naturgrl]

Hi,

My wife is currently on PWGP and I am on SOWP. Our permit expires next year May.

I now plan to study in Canada and have been exploring different study options. Masters is in my list however since I have work experience there are some good post grad diploma program of 2 years length that I might consider.

My question is, if I take up the 2 year post grad diploma program, can my wife who is currently on PGWP inside Canada with a full time job get a SOWP?

Are there any such exceptions to the new rule on SOWP?

No she cannot get SOWP if you do a diploma or even a Masters. She is not eligible because of the change in rules a few years ago. Your spouse is considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada – in this case, the student.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and is no longer be possible.

 

[YVR123]

Hi,

My wife is currently on PWGP and I am on SOWP. Our permit expires next year May.

I now plan to study in Canada and have been exploring different study options. Masters is in my list however since I have work experience there are some good post grad diploma program of 2 years length that I might consider.

My question is, if I take up the 2 year post grad diploma program, can my wife who is currently on PGWP inside Canada with a full time job get a SOWP?

Are there any such exceptions to the new rule on SOWP?

No. IRCC has stopped this loophole of spouses switches between study and work permits.

So you wife is The principal foreign national , then if you apply for a study permit, she will not be eligible for a SOWP.

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 schooling and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment.

It's somewhere at the lower half of the web page.
Spouses and common-law partners of study permit holders – [R205(c)(ii) – C42]– Canadian interest – International Mobility Program - Canada.ca

 

[ykarkera]

@Naturgrl @YVR123 Thanks for responding to my query. This was helpful as I was not aware of this.

I read the PFN part in the link shared by @YVR123. Below is a snippet from that link.

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 schooling and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment.

The way I interpret this is, if the spouse is on an open work permit then the principal foreign national cannot obtain a SOWP on that basis. And the example they provided is where the PFN is on an active study permit and will convert the study permit to SOWP without completing the study.

In my case, my spouse has already completed her studies and has been working for the past 2.5 years on PWGP. I plan to first get my study permit approved, and then my spouse, on that basis, would apply for SOWP. This would mean she is applying for a SOWP not based on my open work permit status but my study permit status.

Am I interpreting this right?

 

[Naturgrl]

@Naturgrl @YVR123 Thanks for responding to my query. This was helpful as I was not aware of this.

I read the PFN part in the link shared by @YVR123. Below is a snippet from that link.



The way I interpret this is, if the spouse is on an open work permit then the principal foreign national cannot obtain a SOWP on that basis. And the example they provided is where the PFN is on an active study permit and will convert the study permit to SOWP without completing the study.

In my case, my spouse has already completed her studies and has been working for the past 2.5 years on PWGP. I plan to first get my study permit approved, and then my spouse, on that basis, would apply for SOWP. This would mean she is applying for a SOWP not based on my open work permit status but my study permit status.

Am I interpreting this right?

How did you get a work permit to come to Canada? Did you get a work permit based on her PGWP or study permit? Doesn’t matter if it PGWP or study permit. She is the PFN, and that doesn’t change. If you get a study permit for a Masters program, she is not eligible for SOWP.

 

[YVR123]

@Naturgrl @YVR123 Thanks for responding to my query. This was helpful as I was not aware of this.

I read the PFN part in the link shared by @YVR123. Below is a snippet from that link.



The way I interpret this is, if the spouse is on an open work permit then the principal foreign national cannot obtain a SOWP on that basis. And the example they provided is where the PFN is on an active study permit and will convert the study permit to SOWP without completing the study.

In my case, my spouse has already completed her studies and has been working for the past 2.5 years on PWGP. I plan to first get my study permit approved, and then my spouse, on that basis, would apply for SOWP. This would mean she is applying for a SOWP not based on my open work permit status but my study permit status.

Am I interpreting this right?

No. That's incorrect.

That is just an example. Since your spouse obtained her study permit and her PGWP and as a result you got SOWP because of her work/study permit, she is the principal foreign national. So in theory, if you qualify, you can get your study permit. BUT she won't be able to get SOWP because she is the PFN.