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Spouse Open Work permit

Thirumalareddy

Full Member
Dec 3, 2015
32
0
fkl said:
Sure, I can give you details a bit latter. Probably I will give you references to CBSA laws that allows exemptions for this.

But first, is your spouse's PGWP valid for longer? Because I assume you are eligible for OWP on basis of hers. If her's expires at the same time, then you cannot renew yours unless you both are doing it together. If hers is valid for longer - than you need to take proof of relationship, existing work permit (copy of hers), proof that she has a NOC B job (employment letter, recent pay stub etc.)

Yes my wife just got her PG work permit and it's longer for more than 2 years. So, I can go to border and get this done with the suggested documents. Correct? And I Am from India.

Thank you.
 

hassan.arif

Star Member
Aug 8, 2012
61
4
Category........
Visa Office......
ISLAMABAD
Job Offer........
Pre-Assessed..
App. Filed.......
15-05-2015
File Transfer...
19-05-2015
Med's Request
UPFRONT
Med's Done....
UPFRONT
VISA ISSUED...
06-08-2015
LANDED..........
04-09-2015
Hi guys i am a Grad student in Canada and my wife applied for SOWP from Pakistan on 11 January, 2016. Any idea how long is the processing time these days?
 

syed_muzaffar

Newbie
Jan 12, 2016
9
0
hassan.arif said:
Hi guys i am a Grad student in Canada and my wife applied for SOWP from Pakistan on 11 January, 2016. Any idea how long is the processing time these days?
processing time is 7 months according to their websites, but it will depend on your case most probably it will takes 4-5 months, Since i am also waiting from 5 months.
 

ankit.pahwa30

Full Member
Jan 4, 2016
47
1
Hey guys. MinE is spousal open work permit applied inside canada online on 6th September. I got medical request on 18th January night. I got it done on 20th January morning. Please let me know till what time can I expect an update?
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Thirumalareddy said:
Yes my wife just got her PG work permit and it's longer for more than 2 years. So, I can go to border and get this done with the suggested documents. Correct? And I Am from India.

Thank you.
I understand that. And your existing work permit / visa was issued based upon your spouse i.e. it was NOT ISSUED AS A VISITOR (of six months) but rather as dependent of your spouse. So for instance you are eligible for health care in Canada and you had a medical for the work permit you already have.

If above all is true, then yes you can do that at the border. They might ask you why you didn't apply online (apparently CIC has listed one month processing time now since Jan 2016), and you should have a justification like urgency of starting a new job etc. Otherwise, legally you can do so. If needed I can send you the reference of CBSA laws which allow this too.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
ankit.pahwa30 said:
Hey guys. MinE is spousal open work permit applied inside canada online on 6th September. I got medical request on 18th January night. I got it done on 20th January morning. Please let me know till what time can I expect an update?
Where is the spouse physically located? It is not common for CIC to ask for medicals. I am assuming the applicant is outside Canada physically. If that's the case, submitting application online doesn't change any thing. It is still not considered an inside Canada application and will be processed by the visa office that handles the applicant's country of residence. So processing time from that Embassy would apply.
 

hassan.arif

Star Member
Aug 8, 2012
61
4
Category........
Visa Office......
ISLAMABAD
Job Offer........
Pre-Assessed..
App. Filed.......
15-05-2015
File Transfer...
19-05-2015
Med's Request
UPFRONT
Med's Done....
UPFRONT
VISA ISSUED...
06-08-2015
LANDED..........
04-09-2015
syed_muzaffar said:
processing time is 7 months according to their websites, but it will depend on your case most probably it will takes 4-5 months, Since i am also waiting from 5 months.
Hey bro you are also studying in Canada and invited your wife on open work permit from Pakistan??
 

Thirumalareddy

Full Member
Dec 3, 2015
32
0
fkl said:
I understand that. And your existing work permit / visa was issued based upon your spouse i.e. it was NOT ISSUED AS A VISITOR (of six months) but rather as dependent of your spouse. So for instance you are eligible for health care in Canada and you had a medical for the work permit you already have.

If above all is true, then yes you can do that at the border. They might ask you why you didn't apply online (apparently CIC has listed one month processing time now since Jan 2016), and you should have a justification like urgency of starting a new job etc. Otherwise, legally you can do so. If needed I can send you the reference of CBSA laws which allow this too.

Yes all are true. Right now My open work permit is valid until March 31,2016,So can I go any time before My work permit get expires?

Can you please send me the reference of CBSA laws which allow this .

Thank you.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Thirumalareddy said:
Yes all are true. Right now My open work permit is valid until March 31,2016,So can I go any time before My work permit get expires?

Can you please send me the reference of CBSA laws which allow this .

Thank you.
Glad to hear that. Yes you can go any time before current permits expiry. Just go on a business day during working hours and choose a major border crossing since you would want a senior / experienced visa officer who is aware of the regulations.

I am quoting the section numbers of CBSA laws from my work permit application the corporate lawyer prepared for me. Let me know if you have issues googling their details.

Immigration and Refugee Protection Regulations (IRPR) 198(1) and 190(3)(f)
CBSA Memorandum – Interpretation and Application of R190(3) and R198 of the Immigration and Refugee Protection Regulations, March 8, 2007

According to section 190(3)(f) of the IRPR, a foreign national is exempt from the temporary resident visa requirement if they are seeking to re-enter Canada following a visit only to the United States within their period of authorized stay in Canada. Furthermore, section 198(1) of the IRPR confirms that a visa-exempt foreign national is eligible to apply for a Work Permit at the Port-of-Entry. Details regarding operation of these provisions, are in CBSA Memorandum dated March 8, 2007 interpreting these sections.
 

mfm

Hero Member
May 13, 2012
329
4
Category........
Job Offer........
Pre-Assessed..
hassan.arif said:
Hi guys i am a Grad student in Canada and my wife applied for SOWP from Pakistan on 11 January, 2016. Any idea how long is the processing time these days?
It has been more than 8 months for me...
currently waiting for the passport return...

So plan accordingly..... I applied back in May with the assumption that my spouse would get the visa in a 4 to 5 months...
bad assumption...

on the website it says it takes 8 months! That is true for me
 

hassan.arif

Star Member
Aug 8, 2012
61
4
Category........
Visa Office......
ISLAMABAD
Job Offer........
Pre-Assessed..
App. Filed.......
15-05-2015
File Transfer...
19-05-2015
Med's Request
UPFRONT
Med's Done....
UPFRONT
VISA ISSUED...
06-08-2015
LANDED..........
04-09-2015
mfm said:
It has been more than 8 months for me...
currently waiting for the passport return...

So plan accordingly..... I applied back in May with the assumption that my spouse would get the visa in a 4 to 5 months...
bad assumption...

on the website it says it takes 8 months! That is true for me
That's really frustrating 8months.... I wish your passport get back soon.
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
Thirumalareddy said:
I Have open work permit valid until March 2016 and My wife she is on Post graduation work permit and got Job under NOC B category. And I Am planning to go to the Canada border on or After march 15,2016 but (before my work permit gets expired) to get the open work permit renewed. Can I do it? if yes what are all the documents I need to carry.

Can you please help me with this?

Thank you.
I've been out of the loop for awhile so I could be wrong but the border doesn't renew permits they can only issue permits once CIC has approved your application for an extension based on your wife's newly issued PGWP. You need to apply to CIC for a new open permit and once approved then go to the border.
 

Thirumalareddy

Full Member
Dec 3, 2015
32
0
ButterflyChemist said:
I've been out of the loop for awhile so I could be wrong but the border doesn't renew permits they can only issue permits once CIC has approved your application for an extension based on your wife's newly issued PGWP. You need to apply to CIC for a new open permit and once approved then go to the border.
So, in this case My open work permit is valid until March,2016 and Can I apply to CIC online on March 15th ,2016. And Can I stay until I receive the update from CIC for 3 months with out work permit?

Thank you
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
ButterflyChemist said:
I've been out of the loop for awhile so I could be wrong but the border doesn't renew permits they can only issue permits once CIC has approved your application for an extension based on your wife's newly issued PGWP. You need to apply to CIC for a new open permit and once approved then go to the border.
That's a bit off ButterflyChemist. Renewal is basically a new permit even if it is in continuation of the same grounds.

Firstly, if you are in land and apply to CIC, you don't have to go any where. Work permit is mailed to you.

This is completely different from the case when some is not present in Canada, applies to CIC, gets an approval for work permit (called letter of introduction) and the actual work permit is issued upon landing in Canada. You don't need to do that if you are present in Canada.

Secondly, if you go to border there are two scenarios

A) You are from a visa exempt country and you have some grounds for getting work permit. You could actually have done this first time too i.e. being visa exempt you never apply to CIC, just land in Canada and can get a work permit at airport / border.

B) You are NOT from a visa exempt country. But you are already present in Canada on a valid work / study permit. So you can go to US border, flag pole, and on the way back get work permit. Since you are already admitted to Canada as a worker and are returning from US ONLY (while work permit is valid), you do not need a visa to enter Canada. Since you are visa exempt in this case, you can apply for work permit at the border. I recently posted the sections of IRPR and CBSA manual which permits these for some one, let me know if some one needs those for verification.

To be clear, it is option B we are talking about here and I have done that first hand.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Thirumalareddy said:
So, in this case My open work permit is valid until March,2016 and Can I apply to CIC online on March 15th ,2016. And Can I stay until I receive the update from CIC for 3 months with out work permit?

Thank you
Yep you can always do that. Apply online, and until you get it, you are on IMPLIED status. If you are working, you can continue to work for the same employer.

However, implied status does not allow you to CHANGE conditions of your work permit.

E.g. I had a work permit tied to employer A. I accepted a job offer from Employer B. Now if I applied to CIC online / or on paper, I have to wait for approval to work for Employer B.

However, if I just applied for renewal to work for Employer A, I could have continued working so.

The above was EXACTLY my situation, which is why I couldn't wait and went to border, got work permit and am now working for employer B