Sponsor Spouse - Post graduate work permit

[lavalava321]

Hi everyone,

I am currently working in Canada on a post graduate work permit with validity till 2014. My job skill falls in NOC A category. I recently sponsored my spouse (who is with me in Canada with a legal status till 2014), for her work permit as the CIC website (links below) clearly says that she is eligible for that.

cic.gc.ca/english/information/faq/work/work-faq08.asp
canadainternational.gc.ca/united_kingdom-royaume_uni/visas/spouses-conjoints.aspx?view=d (This is displayed on the Canada's UK consulate website. Similar information is on the consulate website of a lot other countries.)

I recently read quite a few posts that CIC is rejecting the spousal work permits and some people even mentioned that the spousal sponsorship is no longer valid, though I could find no official links to back that up.

Could seniors please update me if there has been any change in the law to this affect and if the spousal sponsorship is still valid on a PGWP and if the rejections that are happening are on a case by case basis??
(I dont know if country of citizenship makes any difference, me and my wife are both from India.)


Thanks a lot

 

[Tweety15]

Hello lavalava321,

I just received my PGWP with 3-year validity but my husband's request for an open work permit has been rejected. He is also currently in Canada with a valid open work permit that will be expired within a few months. CIC said a spouse of a PGWP is NOT eligible for an OWP.
I've also read the link you mentioned and believe that my spouse is eligible to apply for an OWP. So I made queries to the Canadian consulate outside of Canada and am waiting for a response.
I'll keep up to date about that.

I have a question for you.
What is the current status of your wife? a visitor?
Is the validity of her visa the same period of time as your PGWP?
Because of the rejection, my husband has to apply for a visitor visa immediately. I'm wondering if he can stay in Canada for the same period of time as my PGWP at least.
I would appreciate if you could answer my questions.

Thank you.

 

[mwan]

Hello lavalava321

So I called the CIC CPC yesterday and they confirm that a spouse of PGWP is not eligible, but that spouse of temporary worker in the specific skill level is eligible. Since i already mailed my application then got a job after applying for the pgwp I asked if I should send proof that I am now employed in skill level A....they said no just to wait for processing (which it seems from the latest posts will be denied)

So the question is, if the website says that a spouse of skill leve 0, A, B can have open work permit I wonder if we should re-apply for open work permit with proof of employment in the skill level above. Would any seniors or anyone with experience please advice???

thanks,
wan

 

[PMM]

Hi

Hello lavalava321

So I called the CIC CPC yesterday and they confirm that a spouse of PGWP is not eligible, but that spouse of temporary worker in the specific skill level is eligible. Since i already mailed my application then got a job after applying for the pgwp I asked if I should send proof that I am now employed in skill level A....they said no just to wait for processing (which it seems from the latest posts will be denied)

So the question is, if the website says that a spouse of skill leve 0, A, B can have open work permit I wonder if we should re-apply for open work permit with proof of employment in the skill level above. Would any seniors or anyone with experience please advice???

thanks,
wan

Nope, it wouldn't work. Unless you have a closed employer specific work permit in NOC A, B or O, then your spouse could apply for a SOWP. As a PGWP allows you to work at any job, CIC is not going to monitor whether you change jobs to a lower NOC or not.

 

[mwan]

Hi

Thanks PMM. So I called the call center again. It is quite frightening that sometimes the call center agents give contradicting information. Anyway, today I spoke to two agents and they also emailed me a document about skilled workers and CONFIRMED spouses of skilled workers- with a pgwp (and I made them confirm that the Pgwp counts as work permit- can apply for OWP. HOWEVER you (the skilled pgwp holder) needs a detailed offer that shows your skill level from the employer. Your spouse should include this with the application.

 

[mwan]

Another thought,

How can we contact CIC so that they can include this vague issue of whether spouses can get owp in their "frequently asked questions" under work permits for students? Otherwise they will keep collecting the fees we are paying them because we assumed we were still considered international students and our spouses could get OWP which is why we applied... If anyone knows how to send feedback to CIC/contact.... (without calling the CIC-CPC and being on hold for a day! please share it

I recently called HRSDC in my area and informed them that their website info on pgwp was inaccurate and could negatively impact future Canadian employers and students (they had outdated info) They were very receptive to my feedback promised to update...will wait to see if/when they do it.

 

[lavalava321]

Great news that spouse of PGWP with a job in skill category A, B or C is eligible for open work permit. The majority of rejects I have seen have had the common theme of the husband or wife having an open work permit when the partner was here on a study permit and when the application for pgwp is made, the application of the spouse is rejected.

May be I am wrong and would like to be corrected, I guess most ppl miss to send the job information(provided they have an offer at hand) which suggests of the job category being in Skill level A, B or C. The reject seems to be a likely outcome in this situation.

 

[Tweety15]

Hi everyone,

I got a reply from one of the Canadian consulate in the US today.
It says that　a spousal open work permit must be based on a REGULAR work or study permit and that because a PGWP is an open work permit, my husband is not eligible for an OWP. I don't know what to believe.　

 

[lavalava321]

The consulate website of a lot of countries specifically say that the spouse of pgwp is eligible for open work permit as in here

canadainternational.gc.ca/united_kingdom-royaume_uni/visas/spouses-conjoints.aspx?view=d

I guess CIC makes decisions on a case to case basis. Did they give any reason for the reject?

 

[mwan]

Hi Tweety15

From your post it seems you made a query after they rejected your spouses work permit and not another application right? This is what I was saying how the cpc agents can give contradicting information. When I said earlier that I spoke to two agents today it was because one answered my question confirming that a pgwp + skilled level 0,A,B = owp for spouse. So I asked the agent if I could send my job offer to my already in process application. Was transferred to another agent who deals with online applications who also confirmed above and suggested re-applying for spouse with detailed offer showing skill level A.....So there -that is directly from two agents based in Canada cpc.....But then again...we might call tomorrow and be told different. No where on the cic website does it say that work permit has to be closed or "regular" for spouse to get work permit with skill level 0. A,B we are sort of just assuming this right?

lavalava321 - it seems when you applied you already had your job right? did you include your job offer your spouse's work permit application?

I guess we need someone out there who has applied with a open work permit + skill level or pgwp + skill level for their spouse to comment!! what a mess eh?

 

[mwan]

BTW Tweety15

When you say you sent a query to US consulate what does that mean? You wrote them a letter? Let us know maybe we can send a query to the Canadian cpc and get it in writing as well to be clear?

wan

 

[Tweety15]

Hi mwan,

I sent e-mails to the Canadian consulates in the US.
After my husband got a refusal letter, I called CIC and was told that my husband is not eligible for an OWP and that if he wishes to work, he needs to apply for a work permit with a LMO.
Then, I googled and reached to the Canadian consulate website which clearly states that a spouse of a PGWP holder is eligible to apply for an OWP. So I emailed them to confirm if he is really eligible and can re-apply for an OWP ontside of Canada, citing the lines from the website because I don't want to throw anymore dollars down the drain. Their reply was the one I posted previously.
The website is similar to one lavalava321 mentioned above.

ex. Buffalo office
canadainternational.gc.ca/buffalo/visas/spouses-conjoints.aspx?view=d

You can find contact info of the six Canadian consulates which deal with immigration and visas here:
canadainternational.gc.ca/buffalo/visas/apply-how_demande-comment.aspx?view=d
Jump to each location and click "Contact Us." Telephone numbers are also listed but they are all automated.

 

[lavalava321]

I did not send any job offer letter with my spouses application. But I did mention my job details in my spouses application. They did not ask the job offer letter so didnt send it. But I had sent my offer letter when I made my application for PGWP. So I guess they can refer back to it when needed if they have it in their records.

Cheers

 

[mwan]

Thats sounds hopefull....since they know about your job...We shall wait and keep fingers crossed for you that it is successful. Keep us posted.

 

[Tweety15]

Yes, I wish good luck to lavalava321.
If you pull that off, there is a lot of hop and we can follow your footstep.

BTW, I have a question for those who hold their PGWP.
Can your spouses have a visitor visa that is valid for the same period of time as your PGWP?
My husband need to apply for one in order to avoid overstaying his current work permit while seeking a way to get a new work permit for him, but a visitor visa is usually granted for maximum 6 months.

I would appreciate if you could give me an answer or advice.
Thank you.