Spouse Open Work permit

[astasi]

Hello,

My family got their TRVs yesterday from Delhi High Commission. It comes as a big relief and much satisfaction after the unfortunate refusal of my spouse's SOWP the first time.

Good luck to all those who are still waiting.

God bless.

 

[sanybhai]

Hello everyone
i guess its a great forum for spouse open work permit. I have few questions. I will be greatly benefited if somebody reply to my answer.

1. I am in a Noc B Category contract job which will expire in oct 31st. but my pgwp is valid till 2016. will my wife get sowp?
2. my wife is studying in undergad in Bangladesh in her last semester..does it matter that she is not a graduate yet?
3. What is the best option to apply paper or online from Dhaka, Bangladesh?
4. Should i be the only sponsor or my father and father-ln-law can sponsor too?

any knowledge on the topic will be of great help.

May Allah fulfill all your wishes.

 

[fkl]

Hello everyone
i guess its a great forum for spouse open work permit. I have few questions. I will be greatly benefited if somebody reply to my answer.

1. I am in a Noc B Category contract job which will expire in oct 31st. but my pgwp is valid till 2016. will my wife get sowp?
2. my wife is studying in undergad in Bangladesh in her last semester..does it matter that she is not a graduate yet?
3. What is the best option to apply paper or online from Dhaka, Bangladesh?
4. Should i be the only sponsor or my father and father-ln-law can sponsor too?

any knowledge on the topic will be of great help.

May Allah fulfill all your wishes.

1. This is a bit close, your legal status is based upon your PGWP. However, once you start a job it should be one of NOC 0, A or B. Yours is B so that is fine, but oct seems like a close time line. Can't you find a possible contract renewal or have another skilled job confirmation at this point? If you don't finding work should be your concern first. I don't think you would find this written any where, but it could serve as a cause of refusal.

2. Her qualification does not matter at all. Although it is certainly positive if she has formal education. But it is by no means a criteria for SOWP.

3. Applying online in general is better (unless there is some thing special local to Dhaka embassy - which only Dhaka guys would know about). Reasons are that online app is slightly faster (by may be a week since it avoids the scanning of docs), plus it avoids you to submit all originals to the embassy for an uncertain length of time, which could even be lost if you are unfortunate.

4. There is NO SPONSOR here. The concept is inherently flawed. Sponsoring some one to visit / live in Canada is a privilege of either a PR or a Citizen. You are neither, so you are not sponsoring her. However, it is by means of the visa type you have i.e. a skilled temp worker's spouse is eligible for OWP. The different it lays is that there is no "invitation letter" kind of thing involved. Besides you can apply together for Work permit and SOWP as well. Since this is NOT A FINANCIAL over taking - your father or father in law has no standing to "sponsor" any one. They might have vouched "to sponsor her stay financially in Canada" (which merely means paying for the visit or study).
However, no such financial assurance is of any value in case of SOWP. All that would matter is your work permit, your job, pay stubs, salary and NOC (your job description letter should clearly show your duties to qualify for the NOC you claim to be in SPECIALLY if you are on a PGWP and hence didn't need an LMO. May be having funds in your account could play a little role. But nothing else

 

[sanybhai]

1. This is a bit close, your legal status is based upon your PGWP. However, once you start a job it should be one of NOC 0, A or B. Yours is B so that is fine, but oct seems like a close time line. Can't you find a possible contract renewal or have another skilled job confirmation at this point? If you don't finding work should be your concern first. I don't think you would find this written any where, but it could serve as a cause of refusal.

2. Her qualification does not matter at all. Although it is certainly positive if she has formal education. But it is by no means a criteria for SOWP.

3. Applying online in general is better (unless there is some thing special local to Dhaka embassy - which only Dhaka guys would know about). Reasons are that online app is slightly faster (by may be a week since it avoids the scanning of docs), plus it avoids you to submit all originals to the embassy for an uncertain length of time, which could even be lost if you are unfortunate.

4. There is NO SPONSOR here. The concept is inherently flawed. Sponsoring some one to visit / live in Canada is a privilege of either a PR or a Citizen. You are neither, so you are not sponsoring her. However, it is by means of the visa type you have i.e. a skilled temp worker's spouse is eligible for OWP. The different it lays is that there is no "invitation letter" kind of thing involved. Besides you can apply together for Work permit and SOWP as well. Since this is NOT A FINANCIAL over taking - your father or father in law has no standing to "sponsor" any one. They might have vouched "to sponsor her stay financially in Canada" (which merely means paying for the visit or study).
However, no such financial assurance is of any value in case of SOWP. All that would matter is your work permit, your job, pay stubs, salary and NOC (your job description letter should clearly show your duties to qualify for the NOC you claim to be in SPECIALLY if you are on a PGWP and hence didn't need an LMO. May be having funds in your account could play a little role. But nothing else

Thank you very much for your promt reply.
Actually i am looking for a job now. last week i tried for TRV for my wife but it was refused. Now i dont want to get refused again and apply safely.

Does getting refused has any impact on future applications? The reason i mentioned about the sponsorship from my dad and my wife's dad is to show tie with home which i know is a big cause of visa refusal.
Do you have any proper list of documents which will be enough to satisfy the visa officer?

Regards

 

[fkl]

No problem, glad i could be of help.

Refusal could have an impact if the same problems exist which caused the first one.

Generally speaking i am always of the view that trv for spouse would be refused, because no spouse intends to actually VISIT husband for a few days and come back. Hence SOWP should always be the right option.

The checklist in general is the proper list of docs. At best, when you are almost done, post docs here and ask - i would suggest any thing i think that might be useful.

Still one can never say for sure what would satisfy VO though the general guidelines become obvious.

If you are conscious you should probably order gcms notes first to see VO's comments for refusal.

 

[N_Rockstar2014]

Hi,

I applied for TRV two times and got rejected. My husband works in Alberta under NOC A category. He applied for PR which is being processed. Recently, he included me to his application. I am wondering whether I am eligible to apply for spousal work permit.
I got GCMS notes for my two rejections which are given below:

for the first application:
-- To visit spouse for 4 months. Spouse is on WP with pending PV2. PV2 is as a single individual. Recently got married on Nov 8, 2013. PA is a student. Spouse intends to reside permanently and I am not satisfied that PA is bf tr. Moreover, not established in bangladesh. refused.

for the second application:
-- No change in circumstances since last application. Client wish to visit husband in Canada. Not satisfied that she will return to home country. Should apply for PR under the spousal category.

Should I apply for spousal work permit? Do you think that I will get the work permit? Any help will be highly appreciated.

 

[kunu24]

Hi,

Here are answers

1. Even for your spouse you need to apply "Application for Work Permit Made Outside Canada [IMM 1295]" if you need open work permit
2. Specify open work permit.

Please let me know if you need any information.

Thanks
Priyum

hi
my husband is sending his application for study work permit ,i don't understand how to apply for spouse open work permit along with his application.i am applying canadian visa first time ,i don't have much idea.please let me know how to apply.i have done upfront health for canada as visitor.

 

[fkl]

Hi Rockstar,

You should have applied for SOWP in the first place and of course you are eligible for that if you had done things right e.g. including your case in PR as you did now.

I am not sure of some of the abbreviations in feedback such as PV2 (though it is probably some stage of permanent residence application), PA is principal applicant and no idea what bf tr is.

I think you can apply for SOWP (you are definitely eligible being NOC A Principal Applicant) ONCE YOU ARE SURE your case has been added to PR application in CIC records. And stop attempting "visit for four months". I hope my opinion earlier is as clearly stated by the visa officer in remarks as possible.

Hi,

I applied for TRV two times and got rejected. My husband works in Alberta under NOC A category. He applied for PR which is being processed. Recently, he included me to his application. I am wondering whether I am eligible to apply for spousal work permit.
I got GCMS notes for my two rejections which are given below:

for the first application:
-- To visit spouse for 4 months. Spouse is on WP with pending PV2. PV2 is as a single individual. Recently got married on Nov 8, 2013. PA is a student. Spouse intends to reside permanently and I am not satisfied that PA is bf tr. Moreover, not established in bangladesh. refused.

for the second application:
-- No change in circumstances since last application. Client wish to visit husband in Canada. Not satisfied that she will return to home country. Should apply for PR under the spousal category.

Should I apply for spousal work permit? Do you think that I will get the work permit? Any help will be highly appreciated.

 

[mtalmoete]

1. Yes
2. How old are your sons? If they are school age they apply for study permits.
3. Yes, wait until your husband gets his new work permit. You submit in the Philippines as he will be submitting in Vegreville because he's in Canada.
4. If you want the OWP, you pay $150 and that covers the cost of the TRV as well. For your sons, if they are applying for study permits, that fee will also cover the TRV.

hi rjessome..
can i ask question? speaking of open work permit is it applicable for the spouse of a live in caregiver? this LCP is not under noc 0,a or even b. because im kinda confuse coz as i read here in this threa its only for the skiled worker but when i use the assessment in cic website im eligible for SOWP. btw my wife work under LCP for 1 almost 1 month now. . please reply to clear up to me. thanks alot.

 

[kamae]

Hi, my husband has already applied for a SOWP online almost 3 months ago under my job as a medical admin assistant. The problem is that, I got hired to work as a registered practical nurse (the program I finished here in Canada) and will begin working this June. I called CIC if there's any way I could update my husband's application and give additional information, but was told that there is no way to add/update information on an online application. They said the only way would be to withdraw the application and apply again if I want to change my work details. I'm just really worried that that may not be the best decision. We already waited this long. Do you think it's necessary to withdraw and start again? Thank you for any replies.

 

[iceprincess]

Hi fkl.....Thank you for your replies...My husband got his PGWP and is currently in toronto looking for a job....I, along with my parents in law applied for canadian TRV with the reason that his MBA convocation is happening......however, today only I got to know that their visa got accepted but mine got rejected. I shall get to know the grounds of my rejection tomorrow...However, what should be my next step? Should i re-apply or appeal my case? Should I apply for SOWP ? How long will that take from the time once he gets a job?? Will my chances of second time visa application - TRV or SOWP be still risky?

I shall update on the grounds of my visa rejection tomorrow ... :'(
I am super worried :'( :'(

Hi Rockstar,

You should have applied for SOWP in the first place and of course you are eligible for that if you had done things right e.g. including your case in PR as you did now.

I am not sure of some of the abbreviations in feedback such as PV2 (though it is probably some stage of permanent residence application), PA is principal applicant and no idea what bf tr is.

I think you can apply for SOWP (you are definitely eligible being NOC A Principal Applicant) ONCE YOU ARE SURE your case has been added to PR application in CIC records. And stop attempting "visit for four months". I hope my opinion earlier is as clearly stated by the visa officer in remarks as possible.

 

[iceprincess]

This would be applicable if the spouse has a job. But since my husband is still looking for a job and I wanted to attend his convocation, I had to apply as TRV. Now what can be done?

Despite holding US Visa and despite visiting USA & AUS and returning back to India, they have rejected my application....please guide for further course of action :'(

Since I currently hold valid USA tourist visa, would it be fine if I go to USA and at the Niagra Falls border, apply for Canadian Tourist visa? Will it be accepted after the first refusal? Or that is also risky ???

Hi Rockstar,

You should have applied for SOWP in the first place and of course you are eligible for that if you had done things right e.g. including your case in PR as you did now.

I am not sure of some of the abbreviations in feedback such as PV2 (though it is probably some stage of permanent residence application), PA is principal applicant and no idea what bf tr is.

I think you can apply for SOWP (you are definitely eligible being NOC A Principal Applicant) ONCE YOU ARE SURE your case has been added to PR application in CIC records. And stop attempting "visit for four months". I hope my opinion earlier is as clearly stated by the visa officer in remarks as possible.

 

[fkl]

This would be applicable if the spouse has a job. But since my husband is still looking for a job and I wanted to attend his convocation, I had to apply as TRV. Now what can be done?

Despite holding US Visa and despite visiting USA & AUS and returning back to India, they have rejected my application....please guide for further course of action :'(

Since I currently hold valid USA tourist visa, would it be fine if I go to USA and at the Niagra Falls border, apply for Canadian Tourist visa? Will it be accepted after the first refusal? Or that is also risky ???

I really don't think that (going to US) would make much of a difference. The real problem (and in my view always is in this situation) is that no spouse is expected to temporarily visit her husband. Even if it is true, that is extremely hard for CIC to judge and therefore trvs for short visits are mostly refused.

You could add more evidence of ties in home country (job, finances, any other commitments) but the fact remains that your intent is to ultimately move with your husband. The proper way is that he gets a skilled job and then you apply for SOWP.

 

[iceprincess]

But I had shown that I was working in India and submitted certification letter from the company. Also, am pursuing various exams so got a certification as well stating that I am currently pursuing ... course and exams will be conducted in June 2014.

Will re-applying for TRV help in my case? Or appeal for rejected case? Or what if I take up some short course in Canada while I am in India?

Post he getting a job,how long will it take for me to get my SOWP...and what are the chances with the first time TRV getting rejected and the fact that I have read few posts on this forum itself that even SOWPs are getting rejected....

What needs to be done? Anyone in India who specializes in this and can genuinely help? ANy contact details?

I really don't think that (going to US) would make much of a difference. The real problem (and in my view always is in this situation) is that no spouse is expected to temporarily visit her husband. Even if it is true, that is extremely hard for CIC to judge and therefore trvs for short visits are mostly refused.

You could add more evidence of ties in home country (job, finances, any other commitments) but the fact remains that your intent is to ultimately move with your husband. The proper way is that he gets a skilled job and then you apply for SOWP.

 

[fkl]

Showing work and exams should have helped though - presumably they were not convinced, that is the best i can say. Did you add pay stubs cum bank statements too showing income from employment in case you are well paid? That is advisable if you are trying to show credibility of work.

Time frame estimation is hard and varies from embassy to embassy. But generally speaking for skilled work permit holders - SOWP should not be too long. Still it would be 3-4 months and could possibly go even longer. So it definitely takes longer than trv. Rejection is possible in any case, but SOWP is the most genuine ground suitable to your situation. Just that i heard a while back that CIC's in india had doubts about people's relationships and credentials (some body faked apparently) so they were either refusing many online SOWP applications or asking even online applicants to submit originals documents. I don't know if it was dehli or another city. But owning to this i believe you should apply on paper with strong evidence of relationship in addition to basic marriage document. Meanwhile it should be useful that your spouse order refusal notes on your behalf. They might contain a point that you have overlooked.

In my opinion re applying for trv has far little chances of approval vs SOWP. One trv refusal should not have any impact on file except that the grounds on which it was refused the first time should have been addressed. Since your Spouse is not a PR or a Citizen, work permit is the ONLY appropriate legal way for you to go and live with him.

But I had shown that I was working in India and submitted certification letter from the company. Also, am pursuing various exams so got a certification as well stating that I am currently pursuing ... course and exams will be conducted in June 2014.

Post he getting a job,how long will it take for me to get my SOWP...and what are the chances with the first time TRV getting rejected and the fact that I have read few posts on this forum itself that even SOWPs are getting rejected....

Will re-applying for TRV help in my case?