Spouse Open Work permit

[salvatore270]

I am also a bit confused on "how" I will have to apply for both my study permit and my partner's OWP.

I'll get my acceptance letter in a few weeks,
then what?

I mean, I hear all the time that spouses of students should apply at the same time with a single application for both the student and the partner, right? How does that work?

Also, which application will need our proofs of relationship?

 

[fkl]

I am also a bit confused on "how" I will have to apply for both my study permit and my partner's OWP.

I'll get my acceptance letter in a few weeks,
then what?

I mean, I hear all the time that spouses of students should apply at the same time with a single application for both the student and the partner, right? How does that work?

Also, which application will need our proofs of relationship?

I don't know which part you find confusing. If you are applying online, you would fill student application for yourself and when it asks if you have spouse or common law partner, you would say yes and fill work permit forms for her.

If you are applying on paper, you would fill the study permit forms for yourself and work permit forms for your spouse. With the exception in her case that you would choose Open work permit as type, and indicate "Not applicable" where it asks for employment details in Canada.

Single application does not mean you do not fill forms for others. Every applicant has his / her complete information / forms filled with application.

When i applied a while back, i filled 3 forms each, for myself, spouse and 3 kids - a total of 15 forms. Work/study permit forms, family information forms and temp resident visa forms (since i belonged to a country that needs visa to enter Canada)

 

[salvatore270]

I don't know which part you find confusing. If you are applying online, you would fill student application for yourself and when it asks if you have spouse or common law partner, you would say yes and fill work permit forms for her.

If you are applying on paper, you would fill the study permit forms for yourself and work permit forms for your spouse. With the exception in her case that you would choose Open work permit as type, and indicate "Not applicable" where it asks for employment details in Canada.

Single application does not mean you do not fill forms for others. Every applicant has his / her complete information / forms filled with application.

When i applied a while back, i filled 3 forms each, for myself, spouse and 3 kids - a total of 15 forms. Work/study permit forms, family information forms and temp resident visa forms (since i belonged to a country that needs visa to enter Canada)

Thanks! I guess things will be clear once I actually start the applications!

Concerning IMM5645, do we need to fill out one each, or just one by the two of us with me as the "Applicant"?

 

[EEapplicant]

Hello Experts,

Need your advice in my spouse's case. Let me explain the scenario first:

What - My spouse applied for a SOWP (marriage date Oct 19, 2014).
When - November 4th, 2014
Why - I am working on PGWP with a permanent job of Skill-A category.
How - Online with 5 documents - app form, medical proof, passport copy, photograph, and relationship doc (marriage certificate) as didn't get option to upload my documents (pay stub, PGWP, job offer letter, etc)

Post-application update:
Nov 11 - my spouse got a call from a visa office inquiring about DOB of both of us and marriage date.
Nov 14 - online application column "Application/profile status = cancelled" but no messages from CIC (pdf file) and column "A final decision has been reached = blank"
Jan 20 - online application column "Application/profile status = cancelled" (same) and column "A final decision has been reached = Not started yet"

Mentioned above was my spouse's visa application timeline. I am updating as I know this will help a lot of people here.

Feb 4 - Application passed the quoted 3 months of processing time @ Chandigarh embassy)
Feb 10 - Called directly at embassy to inquire. After repeated attempts and explaining I should not wait more to check my application status online as it has already crossed 3 months timeline, the person gave me an email id to send my inquiry. Sent email at same time and got the reply in 2 hours to send proof of your spouse's employment.
Feb 11: Sent documents and again got a reply in 3 hours to submit our passport.

So my spouse will submit passport and let's wait for the result :-X

 

[COOL_DUDE_CANADA]

Hi ppl , just have a query I got my Pnp certificate and now I am going to be married .. My to be husband is in his expired work permit . Can I add him as a dependent ??

Questions:
1. So becos I have pnp I should be eligible for EE right ??
2. And if am eligible and can I add him as my dependent ?
3. Will that be a problem becos he was in Canada but his permit is expired ?
Please advise and suggest asap ..

Thanks

 

[xi]

Thank you FKL for your reply. I have couple of questions more please help.
1. Is Police clearance necessary if he has been staying in US since last 3 years and before that in India.
2. Is medical also compulsory for him to do or he should do it upon requested.

Hi xi,

1. You should see the checklist when you apply online. Generally speaking it is proof of relationship, principal applicant's qualification proof (work permit, Skilled job evidence) in addition to the applicant's own docs.
2. Since you had a gap in between it's better that you do submit every thing in detail. YES JOB PROFILE with detail is necessary to prove you have a NOC B (skilled job) and hence are eligible for SOWP.
3. I don't think so - as long as your current job is NOC B and your permit is valid for a good length of time (if less than six months remaining, then probably it's not a good situation).
4. Yes
5. If your spouse never lived in Canada for more than six months in a single visit, he doesn't need one from here. From US, yes since he has been living there for more than six months.
6. If your job is skilled (and your income is enough to support two people), then he does not require any proof of funds, though having some would have a positive contribution.
7. No funds needed if your job letter and duties clearly prove it's NOC B job and shows a reasonable wage according to your profession's average in your province. Still if you do show some that's okay.
8. If you have been married for a long time and have kids etc. probably nothing else is needed. If you are recently married and haven't lived together in a while, then probably you should attach further proof.

 

[fkl]

Thanks! I guess things will be clear once I actually start the applications!

Concerning IMM5645, do we need to fill out one each, or just one by the two of us with me as the "Applicant"?

One for every person who is applying for visa. I said above already, i filled 5 family information forms. My and spouse, and 3 kids.

CIC needs detailed information for EVERY person applying. It this form is not there, the application is treated as incomplete and would be returned to you unprocessed.

 

[fkl]

Hi ppl , just have a query I got my Pnp certificate and now I am going to be married .. My to be husband is in his expired work permit . Can I add him as a dependent ??

Questions:
1. So becos I have pnp I should be eligible for EE right ??
2. And if am eligible and can I add him as my dependent ?
3. Will that be a problem becos he was in Canada but his permit is expired ?
Please advise and suggest asap ..

Thanks

1. Probably, i am not certain about current details of PNP. But i have heard something in the past that OLD PNP's were considered. There is no such thing as being Eligible for EE. You should submit your profile and IF your PNP is accepted, you would get 600 additional points for that. After that on the next EE draw (so far there have been 2) if your score lies within that, you would get an invite to Apply for PR. Then you can submit your application for PR.
2. You can only add him as a dependent once you actually apply for PR and are married at that time.
3. Most likely Yes, it would be a problem. First of all it is going to take you some time to apply for EE, get an ITA and submit a PR application. Even then, submitting application doesn't make his status legal. He might have been eligible for some benefits such as for e.g. apply for Bridging open work permit AFTER your PR application is passed the first stage of approval called AOR. So doing all the math if his work permit is ALREADY expired, you don't have enough time. He has 90 days for applying for restoration of status. And even if you marry now, i guess who ever examines this would also see that his permit was already expired when you got married. Even if you were married it does not give him the automatic right to stay.

The only thing you can do in my opinion is, get married TODAY, submit EE profile and if you score good enough to soon hopefully get an ITA (say over 800) Then he should right away apply for restoration of status, citing your relationship as the reason.

Even in that case, it is very likely that CIC is going to drill deep into your relationship since circumstances make it very much look like a marriage of convenience. So you are going to have a hard time EVEN if they do eventually approve it.

Nothing escapes the fact that he is already over staying. Even worst, if he is working on an expired work permit and haven't submitted restoration of status application yet.

I am sorry but i am trying to lay out the law and the way CIC works to the best of my knowledge. Good luck

 

[salvatore270]

One for every person who is applying for visa. I said above already, i filled 5 family information forms. My and spouse, and 3 kids.

CIC needs detailed information for EVERY person applying. It this form is not there, the application is treated as incomplete and would be returned to you unprocessed.

Thank you so much for your patience fkl, and sorry for my many questions! But this is important and I don't wanna make mistakes.

This one is about IMM5406:
[...] solemnly declare that we have cohabited in a conjugal relationship for:
- should I put the years of our relationship living under one roof that we can officially prove, right? Can I put 1.5 years (since we officially cohabit since September 2013)? We have been in a relationship since July 2011, but OFFICIALLY (with a contract) cohabited since Sept 2013; however, when I was studying in the US she came visit me for two rounds of 3 months (SEPT-DEC '12/FEB-MAY '13) and lived together (no contract though).

[...] from DATE to DATE:
- under "from" I'll put the beginning of our home rental contract (sept 2013)
- under "TO"?? the date I am filling out the application or what?

Thanks again!

 

[candy1]

Mentioned above was my spouse's visa application timeline. I am updating as I know this will help a lot of people here.

Feb 4 - Application passed the quoted 3 months of processing time @ Chandigarh embassy)
Feb 10 - Called directly at embassy to inquire. After repeated attempts and explaining I should not wait more to check my application status online as it has already crossed 3 months timeline, the person gave me an email id to send my inquiry. Sent email at same time and got the reply in 2 hours to send proof of your spouse's employment.
Feb 11: Sent documents and again got a reply in 3 hours to submit our passport.

So my spouse will submit passport and let's wait for the result :-X

Hi
Can you please provide me the no that you used to call directly to the embassy? My husband's application has also passed the processing time of 3 months. So i also wanted to enquire about that. We have also called at the embassy directly but they say that they dont provide information about status information on phone.
Thanks
Candy

 

[fkl]

Thank you so much for your patience fkl, and sorry for my many questions! But this is important and I don't wanna make mistakes.

This one is about IMM5406:
[...] solemnly declare that we have cohabited in a conjugal relationship for:
- should I put the years of our relationship living under one roof that we can officially prove, right? Can I put 1.5 years (since we officially cohabit since September 2013)? We have been in a relationship since July 2011, but OFFICIALLY (with a contract) cohabited since Sept 2013; however, when I was studying in the US she came visit me for two rounds of 3 months (SEPT-DEC '12/FEB-MAY '13) and lived together (no contract though).

[...] from DATE to DATE:
- under "from" I'll put the beginning of our home rental contract (sept 2013)
- under "TO"?? the date I am filling out the application or what?

Thanks again!

You are most welcome. My knowledge won't be really absolute since i havent closely seen this form.

But

- you only need to put period that is minimum requirement for being in common law (i believe it is a year at the moment, but please verify).
- you should only put the period that you can prove (having contract isn't important) but living continuously and being able to prove that through any means e.g. same address etc. is important.

Hence 1.5 years should be better. If she visited you for 3 months twice, but it was not continuous, may be you can refer to it in text otherwise, but don't put that as official duration since there is no field for mentioning intervals.

So from Sep 2013 till date should be fine. Put current date that you are filling your form on assuming you are living together currently.

 

[salvatore270]

You are most welcome. My knowledge won't be really absolute since i have closely seen this form.

But

- you only need to put period that is minimum requirement for being in common law (i believe it is a year at the moment, but please verify).
- you should only put the period that you can prove (having contract isn't important) but living continuously and being able to prove that through any means e.g. same address etc. is important.

Hence 1.5 years should be better. If she visited you for 3 months twice, but it was not continuous, may be you can refer to it in text otherwise, but don't put that as official duration since there is no field for mentioning intervals.

So from Sep 2013 till date should be fine. Put current date that you are filling your form on assuming you are living together currently.

Thank you as always!

Yes, the requirement is 12 months at the moment.

This is our situation:
-in a relationship since July 2011;
- spent one year apart (Aug '11 to May '12) except for visit during Christmas and Spring break (for this period of time I have our Skype transcripts - roughly 290 pages)
- spent the summer together (we can prove it through pictures, not with contracts/bills because we stayed at my family house)
- then she came visit me for the two 3-month rounds to the US (no bills/contracts, tons of pictures)
- from Sept '13 as of today we officially started cohabiting (contracts, bils, etc)


ALSO
according to this website: canadainternational.gc.ca/united_kingdom-royaume_uni/visas/forms_work-formulaires_travail.aspx?lang=eng my spouse will have to include a Police Certificate request form

according to this one:canadainternational.gc.ca/united_kingdom-royaume_uni/visas/work_permit_cl-permis_travail_lc.aspx?lang=eng
she needs an actual Police Certificate from a Police office

so which one is true?

 

[xi]

Hi xi,

1. You should see the checklist when you apply online. Generally speaking it is proof of relationship, principal applicant's qualification proof (work permit, Skilled job evidence) in addition to the applicant's own docs.
2. Since you had a gap in between it's better that you do submit every thing in detail. YES JOB PROFILE with detail is necessary to prove you have a NOC B (skilled job) and hence are eligible for SOWP.
3. I don't think so - as long as your current job is NOC B and your permit is valid for a good length of time (if less than six months remaining, then probably it's not a good situation).
4. Yes
5. If your spouse never lived in Canada for more than six months in a single visit, he doesn't need one from here. From US, yes since he has been living there for more than six months.
6. If your job is skilled (and your income is enough to support two people), then he does not require any proof of funds, though having some would have a positive contribution.
7. No funds needed if your job letter and duties clearly prove it's NOC B job and shows a reasonable wage according to your profession's average in your province. Still if you do show some that's okay.
8. If you have been married for a long time and have kids etc. probably nothing else is needed. If you are recently married and haven't lived together in a while, then probably you should attach further proof.

Thank you FKL for your reply. I have couple of questions more please help.
1. Is Police clearance necessary if he has been staying in US since last 3 years and before that in India or should we do it if requested?
2. Is medical also compulsory for him to do or he should do it upon requested?

 

[fkl]

Thank you FKL for your reply. I have couple of questions more please help.
1. Is Police clearance necessary if he has been staying in US since last 3 years and before that in India or should we do it if requested?
2. Is medical also compulsory for him to do or he should do it upon requested?

You are most welcome. I thought i already answered the first one.

1. Yes Police clearance is necessary for him from US as well as from India unless he was under 18 when he left India. Waiting for it would only delay your case.
2. I don't think medical is mandatory for US residents since he has been living in the US for longer than 6 months.
http://www.cic.gc.ca/english/information/medical/dcl.asp

 

[salvatore270]

Thank you as always!

Yes, the requirement is 12 months at the moment.

This is our situation:
-in a relationship since July 2011;
- spent one year apart (Aug '11 to May '12) except for visit during Christmas and Spring break (for this period of time I have our Skype transcripts - roughly 290 pages)
- spent the summer together (we can prove it through pictures, not with contracts/bills because we stayed at my family house)
- then she came visit me for the two 3-month rounds to the US (no bills/contracts, tons of pictures)
- from Sept '13 as of today we officially started cohabiting (contracts, bils, etc)


ALSO
according to this website: canadainternational.gc.ca/united_kingdom-royaume_uni/visas/forms_work-formulaires_travail.aspx?lang=eng my spouse will have to include a Police Certificate request form

according to this one:canadainternational.gc.ca/united_kingdom-royaume_uni/visas/work_permit_cl-permis_travail_lc.aspx?lang=eng
she needs an actual Police Certificate from a Police office

so which one is true?

I just chatted with the London VFS, she does need police checks for her OWP, whereas for Study Permit is not required.