Spouse in Canada on PGWP - I want to study in Canada as well

[ssindia0315]

Hey there,

I am a 22-year-old Software Engineer from India who graduated a year ago and currently working. I'd like to continue my studies in Canada to support my husband's PR application by adding more points and increasing my chances of building a career in Canada.
I have seen some refusals due to strong ties in Canada. I have strong ties in my home country. All my family and in-laws are in India and I have work experience too.

Is strong ties to Canada still a problem for me? If yes, how can I avoid that and make a stronger case?

Thank you!

 

[scylla]

Hey there,

I am a 22-year-old Software Engineer from India who graduated a year ago and currently working. I'd like to continue my studies in Canada to support my husband's PR application by adding more points and increasing my chances of building a career in Canada.
I have seen some refusals due to strong ties in Canada. I have strong ties in my home country. All my family and in-laws are in India and I have work experience too.

Is strong ties to Canada still a problem for me? If yes, how can I avoid that and make a stronger case?

Thank you!

Since your spouse is in Canada, IRCC will assess your family ties as being stronger to Canada than to your home country.

In my opinion there are two main ways you can really strengthen your application. The first is to pick a strong program of study in Canada. Assuming you have completed your bachelor degree, take a master's in Canada (not a diploma) and make sure it's at a good university. The second is to show very strong proof of funds, well above what is required for your studies and living expenses. Don't rely on sponsors. You and your husband should demonstrate you can cover these costs yourselves.

Good luck.

 

[ssindia0315]

Thank you, @scylla! I appreciate your help.
That makes sense. I don't have any assets in my name in India, but I can get the declarations from my parents and in-laws. If that is counted as sponsorship, my husband can show proof of funds more than what is required.

Overall, a study permit looks difficult then. Should I get a SOWP (because it is easier) and then decide if I want to study after going to Canada?

 

[ssindia0315]

I read here that if I switch from SOWP to Study Permit, I would have to give up my SOWP status - reasonable. But then my spouse can't stay with me or apply for a SOWP on my behalf, is that correct?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/sowp-to-study-permit-is-possible.755937/post-9917881

 

[Naturgrl]

I read here that if I switch from SOWP to Study Permit, I would have to give up my SOWP status - reasonable. But then my spouse can't stay with me or apply for a SOWP on my behalf, is that correct?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/sowp-to-study-permit-is-possible.755937/post-9917881

Correct since your spouse is the principal foreign national. IRCC closed the loophole for spouses’s to flip flop between study and work permit. If she is on a study permit then she eligible for PGWP.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#toc1

 

[ssindia0315]

Correct since your spouse is the principal foreign national. IRCC closed the loophole for spouses’s to flip flop between study and work permit. If she is on a study permit then she eligible for PGWP.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#toc1

Thanks for the response! That makes sense to me, but after I get a Study Permit and intend to do a master's program in Canada, I would change my status to a regular student in Canada. Then my spouse can become eligible for a SOWP on my behalf, or not?

Consider this hypothetical example, for clarification
Husband completes study in 2020 and gets a PGWP till 2023.
I get a SOWP till 2023, but I join my masters in 2022 and transition to a study permit.
In 2023, I am in the middle of my master's, and my husband has lost his PGWP status. Can he now apply for a SOWP?

 

[scylla]

Thanks for the response! That makes sense to me, but after I get a Study Permit and intend to do a master's program in Canada, I would change my status to a regular student in Canada. Then my spouse can become eligible for a SOWP on my behalf, or not?

Consider this hypothetical example, for clarification
Husband completes study in 2020 and gets a PGWP till 2023.
I get a SOWP till 2023, but I join my masters in 2022 and transition to a study permit.
In 2023, I am in the middle of my master's, and my husband has lost his PGWP status. Can he now apply for a SOWP?

Again no, your spouse will not be eligible for a SOWP.

IRCC changed the rules recently and introduced the principal foreign national rule. This means your spouse cannot qualify for a SOWP through you.

 

[Naturgrl]

Thanks for the response! That makes sense to me, but after I get a Study Permit and intend to do a master's program in Canada, I would change my status to a regular student in Canada. Then my spouse can become eligible for a SOWP on my behalf, or not?

Consider this hypothetical example, for clarification
Husband completes study in 2020 and gets a PGWP till 2023.
I get a SOWP till 2023, but I join my masters in 2022 and transition to a study permit.
In 2023, I am in the middle of my master's, and my husband has lost his PGWP status. Can he now apply for a SOWP?

No, he is not eligible. Husband is princiapal foreign national so if you study after him, he is not eligible for a SOWP. He would stay as a visitor or need a LMIA with closed work permit if you are studying.

 

[preciousugwala]

What if I’m the one after PGWP I choose to continue my studies, my spouse haven’t had SOWP and I’m not yet PR can he then apply for SOWP?

 

[Dhiren14]

I got rejection for my spouse although I am eligible because I am working as food service supervisor they told me that your job doesn’t match noc code 0, A and B slot. Is there any suggestion for reapply my application. What kind of change’s I have to do ?

 

[Naturgrl]

What if I’m the one after PGWP I choose to continue my studies, my spouse haven’t had SOWP and I’m not yet PR can he then apply for SOWP?

So after your PGWP, you study again? Your spouse didn’t study nor work during your study permit/PGWP?

 

[Naturgrl]

I got rejection for my spouse although I am eligible because I am working as food service supervisor they told me that your job doesn’t match noc code 0, A and B slot. Is there any suggestion for reapply my application. What kind of change’s I have to do ?

Seems like your employment letter is for a food service worker. Ask employer to redo letter to match the NOC.

 

[ameen2200]

I got rejection for my spouse although I am eligible because I am working as food service supervisor they told me that your job doesn’t match noc code 0, A and B slot. Is there any suggestion for reapply my application. What kind of change’s I have to do ?

You bring your spouse as a visitor first to Canada. Once she is here, she can find an LMIA job, then she can get a closed work permit. If you are promoted in your job to class B, you can re-apply as your work classification has changed