Spousal work permit

[Rufus999]

Hi guys I really need help as I am getting confused.

I am on closed work permit(LMO) in Canada and my wife is in india now and I want her to bring here on open work permit.whether she has to do it in india OR can I do it here for her by filling out

Application for Work Permit Made Outside Canada [IMM 1295] (PDF, 339 KB)

Guys Please help

 

[ljiljka007]

Hi guys I really need help as I am getting confused.

I am on closed work permit(LMO) in Canada and my wife is in india now and I want her to bring here on open work permit.whether she has to do it in india OR can I do it here for her by filling out

Application for Work Permit Made Outside Canada [IMM 1295] (PDF, 339 KB)

Guys Please help

Not sure if it has been changed, but last year when I applied for SOWP I had to be in Canada for that. Not sure if your spouse can get it if she's outside of Canada.
My advise to you is to bring your wife here on visitor visa, and then she can get a work permit in a day.

 

[fkl]

Unless there is something unique in India that i don't know of,

although you can bring your wife first on trv and then apply for OWP, but the more appropriate way is that SHE APPLIES FOR SOWP from India using your work permit along as supporting doc.

At any rate, you cannot apply for her work permit while she is in india.

 

[munirar]

Yes, you can apply for SOWP.
I have applied for mine.

 

[fkl]

Yes, you can apply for SOWP.
I have applied for mine.

Please be clear about what you are advising. He is presently in Canada and his spouse is in India. Even if they apply online, the spouse would be evaluated and her case processed in India. There is no way SOME ONE ELSE CAN APPLY FOR SOME ONE IN ANOTHER COUNTRY.

You cannot apply for some one NOT IN CANADA to be processed a file as INSIDE CANADA unless say the person is already here on a spousal trv or something.

I suspect that you would be in Canada and you submitted application for your spouse online (you won't have indicated you are the submitter since there is no such thing) and just filled the docs stating her present location being her home country, which means the application is normally processed in the home country's visa office.

 

[munirar]

Sorry, I meant you can file it online irrespective of the applicant present location. I wasn't talking about paper application.

 

[fkl]

Sure, it is important to understand that even if you apply online, your application is STILL processed at the same visa office responsible for you. So if his spouse is in India, applying on paper or online doesn't change which visa office evaluates her application. There might be very limited exceptions in which another office handles that, but those are not a norm. Just making sure this is clear to every body.

 

[Rufus999]

Hello Guys,

I applied online for my wife who is in India currently, and got rejected in two days. The only documents i could upload was IMM1295E, Schedule 1 and wife's passport and wife's photo.

The reason given by the officer for rejection is as follows:"Based on a careful review of the information contained in your application and all of the documentation which you have provided in support of your application, I am not satisfied that you meet the requirements of the Act
and the Regulations. I am therefore refusing your application.
Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a
visa or for any other document required by the Regulations. The visa or document shall be issued if, following an
examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of
this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include
regulations made under it."

"You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process."

Please advice if it would be better only to apply for a work permit in India and then based on the work permit apply for TRV after?when I applied online last time it did not give me an option to upload any of my information so that CIC knows that I am currently in canada on closed work permit(Skilled Job).Can U please tell me whether I need to include Schedule1(TRV) as well when I apply on paper now.Please Help me as I am not sure what to do.
I would also like to take this oppurtunity to thank all of you.

 

[Rufus999]

I forgot to mention that I applied for her from Canada as I am here and she is still in India.

 

[fkl]

You must have made mistake filling online questionnaire to attach forms.

Since you are applying for SOWP, you need to attach copy of your own WP and LMO (clarifying your NOC and hence eligibility of SOWP), proof of your relationship as bare minimum. The refusal clearly shows that you failed to convey to them that it is a spousal open work permit.

You are also mistaken about TRV. TRV is visa to enter Canada. When you apply for SOWP, you are mandated to fill a trv form along. You do not separately apply for trv. It is stamped on the passport as your visa to enter Canada. For work permit, you only get a letter of approval from CIC called "Letter of introduction". You need to carry this letter along and get the actual work permit issued at the border - which is again a colored document that is often stapled to the passport. Still it is not the visa.

I am surprised, you are yourself on closed work permit. You were supposed to have been through the same yourself. The documents and process are exactly the same for wife.

 

[Rufus999]

Thank you for your response. I was confused about TRV because I know for a fact that she has to give her medicals before getting a visa stamped. My doubt was that when I fill the schedule 1 along with the work permit applicaton form will the application get rejected again because of lack of medicals.

My understanding now after reading your post is that she may get a request to submit her medicals once CIC is convinced that she is eligible for SOWP.

 

[fkl]

Most likely yes, but it depends upon the Embassy as well because i have heard from many in india who often do upfront medicals. I am not very sure if that is a requirement there or it is just done by individual applicants to speed up their process.

But i guess you can easily find that out on the particular embassy's website.

From my country, the standard procedure is the same, i.e. people get medical calls when CIC thinks they are eligible otherwise. Receiving a medical call greatly improves the likelihood of getting a visa. Still many people choose to do upfront medicals because they are in a hurry.

 

[Rufus999]

Thanks Fkl for your help and prompt response. Do I need to put in a letter of explanation along with my application and would you or anybody have a sample of this letter.

Thanks

 

[fkl]

No Problem. I don't think you really need a letter unless there is some thing out of normal processing that you want to communicate with CIC.

You just need to make sure it is clearly a SOWP application, YOUR wp, LMO, job details, (preferably latest pay stub too) are attached along with proof of relationship and you should be good to go.

Even if you are in a situation where you needed to write a letter, i doubt that its contents would be generic and can be suggested by some one else. I didn't have to write one though we applied together as a family i.e. my wp, SOWP and trvs/open study permit for kids.

 

[Rufus999]

Thank you Fkl..