Spouse Open Work permit

[Tarshi]

Hi Everyone,

I had applied for a study Permit in 2009 but was refused visa and was not allowed to apply for 2 years since my agent had mislead me.

I had applied for CAIP notes for that case recently and found that the 2 year ban was over in 2011.

I got married in Sept 2013 and my husband has OPW valid until 2016 and he is eligible to apply for PR in CEC by October 2014. I would like to know if I my husband can apply for my PR sponsorship along with his application or should I apply for spousal OPW first (in the month of Sept 2014) and then while my spousal OPW is being processed I can submit my file for PR with my husband's file (in Oct/ Nov 2014).

Could you please advise me (in detail) on the course of action I need to follow so that I don't get denied this time?

And would my previous visa refusal have any affect on my new application?

 

[Rajan Grover]

Hi Everyone,

I had applied for a study Permit in 2009 but was refused visa and was not allowed to apply for 2 years since my agent had mislead me.

I had applied for CAIP notes for that case recently and found that the 2 year ban was over in 2011.

I got married in Sept 2013 and my husband has OPW valid until 2016 and he is eligible to apply for PR in CEC by October 2014. I would like to know if I my husband can apply for my PR sponsorship along with his application or should I apply for spousal OPW first (in the month of Sept 2014) and then while my spousal OPW is being processed I can submit my file for PR with my husband's file (in Oct/ Nov 2014).

Could you please advise me (in detail) on the course of action I need to follow so that I don't get denied this time?

And would my previous visa refusal have any affect on my new application?

Who told if your study visa is refused then there is ban for 2 years???

Rajan

 

[alijumani]

Who told if your study visa is refused then there is ban for 2 years???

Rajan

The rejection letter states that

 

[Satsu]

Thanks for your advise Alijumani. It really helps!

 

[iceprincess]

Hi everyone,

My husband is on a 3-year Post Graduate Work Permit (PGWP) in Canada. He graduated in June this year and is currently looking for work. He suggests that he come back to India and we both can apply for a PR together from India. My question is: Can he apply for a PR from India since he already has a Canadian work permit? Should we apply for PR now from India (while I am in India and he is in Canada) or should I apply solo? Is it too late to apply or we should wait for FY 2016?

 

[fkl]

@Satsu - correct and helpful info from Alijumani +1.

I would add one or two things.

a) You can apply for a SOWP (once you have a spouse) while being on closed work permit in NOC 0, A or B job and permit valid for 6 months on paper. It should actually be a bit longer since application processing time should be under consideration then. If you apply when there are six months left, CIC might delay app and in the end say you don't have enough time. In my experience it might be a bit hard with even one year, though i have seen people getting it when they add additional proof (such as a reassurance letter from a post doc supervisor of an applicant for his contract extension. In your case, a PR application in process could serve the same grounds. However, the open work permit issued to her would have the same validity as yours. So it won't be long.

b) You can only apply for an open work permit if your PR application was submitted inside Canada (called INLAND application). Please understand that a person who applies for PR from home country, cannot just apply for Open work permit and spend the PR processing time here in Canada.

 

[Satsu]

@ Satsu - correct and helpful info from Alijumani +1.

I would add one or two things.

a) You can apply for a SOWP (once you have a spouse) while being on closed work permit in NOC 0, A or B job and permit valid for 6 months on paper. It should actually be a bit longer since application processing time should be under consideration then. If you apply when there are six months left, CIC might delay app and in the end say you don't have enough time. In my experience it might be a bit hard with even one year, though i have seen people getting it when they add additional proof (such as a reassurance letter from a post doc supervisor of an applicant for his contract extension. In your case, a PR application in process could serve the same grounds. However, the open work permit issued to her would have the same validity as yours. So it won't be long.
I'll make sure that I have enough time while I apply for my spouse.

b) You can only apply for an open work permit if your PR application was submitted inside Canada (called INLAND application). Please understand that a person who applies for PR from home country, cannot just apply for Open work permit and spend the PR processing time here in Canada.
In my case, I will be applying for the PR application from Canada and may need to process Open Work Permit for my spouse who's not in Canada. Pls confirm if this is acceptable?

ANOTHER QUES: My spouse works for the same employer as mine and there is a possibility that my spouse's work permit (ICT/LMO) be processed by my employer after our marriage since I'm in Canada. Will she be granted her Employer specific WP while the PR application is in progress? I've read about Dual Intent but just want some advise from seniors like you, if my spouse's WP would be granted in this case.

Thanks for the information FKL. I have some more queries, as marked above in blue. Could you please clarify them. Thanks in Advance.

 

[fkl]

Thanks for the information FKL. I have some more queries, as marked above in blue. Could you please clarify them. Thanks in Advance.
You are most welcome


In my case, I will be applying for the PR application from Canada and may need to process Open Work Permit for my spouse who's not in Canada. Pls confirm if this is acceptable?
Yes - because your PR app is submitted INSIDE Canada, so she is eligible for OWP.


ANOTHER QUES: My spouse works for the same employer as mine and there is a possibility that my spouse's work permit (ICT/LMO) be processed by my employer after our marriage since I'm in Canada. Will she be granted her Employer specific WP while the PR application is in progress? I've read about Dual Intent but just want some advise from seniors like you, if my spouse's WP would be granted in this case.

Dual intent is valid and applicable here though i would not advise in favor of ICT or LMO (now called LMIA based job).
Reasons being that ICT criteria has recently been stiffened much. They ask for things like a) specialized knowledge of person in the Area he/she is working and some thing like not found in Canada b) Specialized Internal knowledge of company specific technology / trade secrets etc. I just have gone through them once so don't remember precisely but ICT recently has been refused for many people from India.
Similar grounds exist for LMIA based jobs. Proving that employer tried and could not find eligible Canadians for the role.

So my advice is - just use dual intent, apply for PR from inside Canada and then apply for her SOWP in home country.

 

[jedhcds]

HI all,

what is next after my spouse status on e-aplpication is PASSED on medical exam? some says it would be PPR, I hope soon... I know its diffrent every application, but how soon as far as you know?

 

[Satsu]

FKL,

Thanks for the valuable information. Much Appreciated.

Just to clarify, Is it correct to assume that the information whatever you had mentioned regarding SOWP is applicable regardless of the category that I apply for my PR: either thru Provincial Nomination Program or Canadian Experience Class?

Will there be any difference in me applying thru the CEC rather than the PNP route, except of the fact that I can work anywhere in Canada with PR thru CEC but restricted to the province with PR thru PNP?

 

[fkl]

@Satsu, no other difference except province restriction on OWP in case of PNP. Besides you probably shouldn't land in Quebec either if you used any of non Quebec programs.

 

[Mikjagger]

Hi, i need help if anyone could help me?! I'm nominated by the ainp as well as my spouse with me, we applied for pr in nova scotia but haven't received AOR yet! Her work permit expires october 20th, so is there any way i could extend her permit or apply for open permit using nomination or we have wait for AOR for which i'm not sure is gonna come before october 20th?? Thank in advance

 

[alijumani]

Hi, i need help if anyone could help me?! I'm nominated by the ainp as well as my spouse with me, we applied for pr in nova scotia but haven't received AOR yet! Her work permit expires october 20th, so is there any way i could extend her permit or apply for open permit using nomination or we have wait for AOR for which i'm not sure is gonna come before october 20th?? Thank in advance

Now a days avg time for Aor is 55 to 60 days. I would suggest you to apply BOWP paper application as it takes 4 to 5 weeks to process and attach an explanation letter stating you are enclosing nomination letter and also mention that you applied for federal on xxx date and awaiting for AOR will really appreciate if you kindly check in system and accept my application.

Hope this helps...

 

[Mikjagger]

Now a days avg time for Aor is 55 to 60 days. I would suggest you to apply BOWP paper application as it takes 4 to 5 weeks to process and attach an explanation letter stating you are enclosing nomination letter and also mention that you applied for federal on xxx date and awaiting for AOR will really appreciate if you kindly check in system and accept my application.

Hope this helps...

thanks for reply! Is there any way we can apply by using nomination or wait for aor and apply for restoration of status, if that is possible???

 

[alijumani]

thanks for reply! Is there any way we can apply by using nomination or wait for aor and apply for restoration of status, if that is possible???

I just told you please read again