Spouse Open Work permit

[guillecr]

Any advise applying online for a SOWP...

 

[pama]

hai friends

I applied spouse open workpermit on august27 , it was online application.medical passed on sep 21,after that no reply. if the application processing in India the processing time is over. i sent a case specific enquiry it been 20 days no reply for that too.i dont know which number that i can contact cic( 18882422100 , or the visa office number in Inda.).please reply to me .

 

[rkapoor]

@fkl
I m on pgwp. Spouse working in dubai.
I want to apply for his sowp however through India as the processing times for abu dhabi is too long.
So is it possible that I can apply online mentioning his application from the country of citizenship and when they will ask for his passport we can arrange to submit them in India
if yes so if they ask for medical request so can we do ny spouse's mefical in abu dhabi nd then uoload it online.

thanks

 

[butterfly11]

Hi there,

I also applied with NOC C to get my common law partner to come here for owp. What I did is I indicated in the letter about the PNP category that entitles the spouse for owp irregardless of NOC level, I quoted the exact sentence written on the foreign worker manual and type it "bold" in my letter. I attached my PNP certificate, support letter from AINP and my AOR for my PR. Just to make sure that the officer will consider it. I also put on top of my support letter "LMIA exempt T13 Provincial Nominee Program"
and wrote it again on top of the CIC document checklist.

Hope this helps..

You are most welcome. Yeah probably what you said makes sense. They might not have read it. Among the few options you have,

a) Order gcms notes. Those would take a month but MAY BE they pick some thing in your PNP letter which for e.g. VO thinks is incorrect. Or something like "He is not satisfied with PNP". So you might have a chance to address that and fix and reapply. However, he might not just have seen the PNP letter and gcms notes might say NOC C hence refused.

b) You can reapply with the same docs again. Clearly mentioning that you attached the docs that make you eligible. At least a different visa officer would see it this time and would look at the prior refusal. This would be the fastest option. However, say if they had any issue with your PNP or something else, it would cite the same again and refuse.

c) Submit a case specific inquiry saying you think CIC made a mistake and didn't properly evaluate your file. This would take time - any number of months but if everything in your file was correct and they made a mistake, they would eventually reopen and fix it.

CAUTION: Please double check that they do allow Case specific inquiry for Temp residence applications for reopening or not. My memory is a bit hazy about that since lately i have only seen that for PR applications.

Best and reliable way is gcms notes since you would clearly know IF THERE was a problem in your submission and can address that in next attempt. However, this would take one extra month and could just be a waste of time if the VO simply didn't look at your docs.

 

[fkl]

@fkl
I m on pgwp. Spouse working in dubai.
I want to apply for his sowp however through India as the processing times for abu dhabi is too long.
So is it possible that I can apply online mentioning his application from the country of citizenship and when they will ask for his passport we can arrange to submit them in India
if yes so if they ask for medical request so can we do ny spouse's mefical in abu dhabi nd then uoload it online.

thanks

Yes i know certainly that is possible (i.e. you can apply from your country of citizenship - assuming your spouse is indian and you can do medicals at any MP authorized by CIC in the world) though the details of exactly how to work it out aren't very clear to me.

 

[fkl]

Hi there,

I also applied with NOC C to get my common law partner to come here for owp. What I did is I indicated in the letter about the PNP category that entitles the spouse for owp irregardless of NOC level, I quoted the exact sentence written on the foreign worker manual and type it "bold" in my letter. I attached my PNP certificate, support letter from AINP and my AOR for my PR. Just to make sure that the officer will consider it. I also put on top of my support letter "LMIA exempt T13 Provincial Nominee Program"
and wrote it again on top of the CIC document checklist.

Hope this helps..

Good advice +1

 

[rkapoor]

hai friends

I applied spouse open workpermit on august27 , it was online application.medical passed on sep 21,after that no reply. if the application processing in India the processing time is over. i sent a case specific enquiry it been 20 days no reply for that too.i dont know which number that i can contact cic( 18882422100 , or the visa office number in Inda.).please reply to me .

Did you apply for your spouse through Abu Dhabi or India and where did you complete the medicals?

 

[rkapoor]

Yes i know certainly that is possible (i.e. you can apply from your country of citizenship - assuming your spouse is indian and you can do medicals at any MP authorized by CIC in the world) though the details of exactly how to work it out aren't very clear to me.

Thanks for the reply
Do we have to show ties to the country of residence and country of citizenship that my spouse will go back from Canada.
If yes how? Because I have seen many posts wherein people has been refused with the reason ties, employment situation

Thanks once again!!

 

[b4ahmad]

rkapoor,

You can show ties such as his employment letter and if possible, leave letter from his employer. Other ties include family relations at home country, property, and other assets such as car etc. When apply, you should write a cover letter in which explain the purpose of his trip and his strong ties with home country.

 

[b4ahmad]

"FKL"

I need your help again. I am in Canada on Study Permit and my studies are ending in this month, and my study permit is valid until July-2016. I have my wife and 2yr old son back in Pakistan and I have applied already 2 times for their visitor visa, both times it was refused.

I am completing M.Eng from Ontario, and as per current rules, I will be eligible for PNP once I complete my Master, and then I can apply for PR. This whole process through Express Entry will take around 6-8 months (3 moths for PNP + 6 months to get PR etc).

I have not applied for PGWP yet, since my studies didnt finish yet, so I will be applying for my PGWP in the end of this month too.

Now the question is, I have my convocation in June-2016 and I desperately want my wife to attend that important ceremony with me, but CIC wont give her visitor visa, and Immigration will take 8-9 months in ideal conditions. What option should I choose?

I want to apply for her SOWP, but then processing time from Pakistan for Work permit is 6 moths and by that time my current study permit will expire (July-2016).
and
If I wait for my PGWP to arrive first and then apply for her SOWP, then current processing time for PGWP is 4 months, which means she wont be able to come on my convocation!


1- What you suggest, how can I bring her here before my convocation?

2- What about my baby, which visa should I apply for him? He is 2yr old and if I apply SOWP for my wife then she can stay indefinitely (as long as my permit is valid) but TRV only allows visitors to stay for 6 months, then technically TRV for my baby is wrong? Whats your thoughts?

Will really appreciate your kind words.

 

[rkapoor]

rkapoor,

You can show ties such as his employment letter and if possible, leave letter from his employer. Other ties include family relations at home country, property, and other assets such as car etc. When apply, you should write a cover letter in which explain the purpose of his trip and his strong ties with home country.

But the purpose here is to work as its open work permit. what else I can show as the purpose?

 

[butterfly11]

Good advice +1

Thanks fkl, we got refused just because we ddn't demonstrate that my partner and I were in common law.
But other than that, there's no other reason. We just submitted our application again yesterday in VFS Hong Kong. Hopefully it will be positive now. We'll update everyone about it..

 

[rkapoor]

@fkl

What can I show as purpose of visit as I am applying for sowp the only purpose is "work"
How to convince visa officer that he will go back
do I have to show employment from both countries i.e. country of residence and citizenship

And in regards to ties do I have to show ties to both countries i.e. country of residence and citizenship

Thanks for your help!!

 

[b4ahmad]

Hi Friends,

I have applied for extension of Open Work Permit in May 2015 and the application was refused in September 2015,

My original Work Permit was expired in July 2015

Now I am applying for Restoration of status with Open Work Permit,


While i am filling the below form I got one doubt in BACKGROUND INFORMATION Column:

• Application to Change Conditions or Extend Your Stay in Canada (IMM 5710)


In the below options which check boxes I have to select


Question 2

Check the box to indicate if you have ever:

1. Have you ever remained beyond the validity of your status, attended school without authorization or worked without authorization in Canada?

Yes or No

2. Have you ever been refused any kind of visa, admission or been ordered to leave Canada or any other country?

Yes or No

3. Have you previously applied to enter or remain in Canada?

Yes or No

If you checked “Yes” to one of the above questions, provide details.


For which questions i have to select YES or NO


Please clear my doubt.

To the best of my knowledge, you must not lie in these forms, because CIC already knows about your status. So you should select "YES" and provide explanation in the space e.g. that you came here in SOWP and after graduation of your spouse, your needed to extend your WP etc. Please read this CIC website rule "http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17" which says you are only eligible for Open work permit if you have applied for Permananent residence, or your spouse is full time student, or your spouse is working in NOC O,A,B.

If your spouse got a job in NOC O,A or B, then you should attach her job letter, NOC code with your application. Or if she has applied for PR and got positive review from CIC, only then you can apply for OP resotration (this is my thought) otherwise if your spouse has no job in NOC O,A or B and she has not applied for PR yet, chances of getting WP are low.

 

[fkl]

"FKL"

I need your help again. I am in Canada on Study Permit and my studies are ending in this month, and my study permit is valid until July-2016. I have my wife and 2yr old son back in Pakistan and I have applied already 2 times for their visitor visa, both times it was refused.

I am completing M.Eng from Ontario, and as per current rules, I will be eligible for PNP once I complete my Master, and then I can apply for PR. This whole process through Express Entry will take around 6-8 months (3 moths for PNP + 6 months to get PR etc).

I have not applied for PGWP yet, since my studies didnt finish yet, so I will be applying for my PGWP in the end of this month too.

Now the question is, I have my convocation in June-2016 and I desperately want my wife to attend that important ceremony with me, but CIC wont give her visitor visa, and Immigration will take 8-9 months in ideal conditions. What option should I choose?

I want to apply for her SOWP, but then processing time from Pakistan for Work permit is 6 moths and by that time my current study permit will expire (July-2016).
and
If I wait for my PGWP to arrive first and then apply for her SOWP, then current processing time for PGWP is 4 months, which means she wont be able to come on my convocation!


1- What you suggest, how can I bring her here before my convocation?

2- What about my baby, which visa should I apply for him? He is 2yr old and if I apply SOWP for my wife then she can stay indefinitely (as long as my permit is valid) but TRV only allows visitors to stay for 6 months, then technically TRV for my baby is wrong? Whats your thoughts?

Will really appreciate your kind words.

b4ahmad,

Any thing i say won't be absolute and is just based upon likelihood. Generally speaking spouse and kids of a study / work permit holder don't get VISITOR trv (without medicals and insurance) because the true intent is rarely to VISIT their spouse in Canada. The intent is to live with him which either requires RESIDENT TRV or SOWP.

Its processing time from Pakistan is 6 months. But if you apply at idea times (i.e. when CIC is not very busy processing study permits) and have a clear cut application, it might get through in 3 months. This applies to both SOWP or RESIDENT TRV.

When i say resident trv, i mean a standard trv (which is what your spouse as well as kid would get if your wife doesn't want a work permit).

How do you differentiate when applying? You indicate the length of stay as long as the validity of your permits. They would ask for medicals and take the same processing time as SOWP. But you would get multiple entry visas. Along with that upon landing, you would receive a VISITOR RECORD clearly stating this is spouse and kids of a student / worker and are allowed to stay till the validity of permit.

In that case, you would be eligible for health care for them here as well.

However, you have a different problem

PGWP alone does not make you eligible for SOWP or resident trv for wife / kids. You need to have secured a NOC 0, A or B job in addition to PGWP to apply for them. So this is not a great route either.

What i can best think of - in the light of a recent CIC announcement about BOWP is that now you can submit BOWP application WHILE APPLYING for PR if you are eligible.

So complete your degree, file for PNP - get it done in 3 months and apply for PR along with BOWP for yourself. Since by the time you would have 4 months left in the expiry of your SP, you are eligible for BOWP (include your spouse and kid in both i.e. PR application as well as BOWP). If you are lucky you might get it in time for them to come over.

Note that i have suggested avoiding PGWP entirely.

You can accelerate the process by a few things

a) Build a profile for EE right away and submit into pool. May be with Canadian education and less age, you might score an ITA even without PNP.
b) If your spouse is educated, get her Language test and ECA to gain points.

Have your entire PR file ready so you could apply as soon as you get ITA. Do it for both PR file as well as BOWP.

That's the best i can think of. Good luck and feel free to ping me if you need help. I will respond when i can.