Spouse Open Work permit

[jijialex]

Hi fkl and all

I have full-time job offer in software company in B.C. My noc 2173 but no idea for which category?(0,A and B). I got pgwp last 3 months,if am eligible for submitting sowp? somewhere i am reading to minimum 6 month experience in Canada need to eligible sowp.so i am very confused.please help me
Thank you

 

[Navprateek]

Hi fkl and all

I have full-time job offer in software company in B.C. My noc 2173 but no idea for which category?(0,A and B). I got pgwp last 3 months,if am eligible for submitting sowp? somewhere i am reading to minimum 6 month experience in Canada need to eligible sowp.so i am very confused.please help me
Thank you

I dont think you require minimum 6 months of experience as my husband applied in dec and I got a job in Oct. he recently got an approval.

 

[jijialex]

I dont think you require minimum 6 months of experience as my husband applied in dec and I got a job in Oct. he recently got an approval.
[/quote
Thanks for response and congrats for an approval

 

[Cansh]

Hi All,

I applied on 1st Dec 2015 for a SOWP online from New Delhi. No updates since then and status just says "Open". I am in Canada as a visitor and soon will overrun my visitor visa duration and be in implied status. I am worried what happens if I get a unfavourable decision while in implied status? Can I use restoration and reapply OWP? Or will I have to leave Canada and resubmit OWP application from India?

Any advice highly appreciated!

Thanks.

 

[Cansh]

Hi All,

I applied on 1st Dec 2015 for a SOWP online from New Delhi. No updates since then and status just says "Open". I am in Canada as a visitor and soon will overrun my visitor visa duration and be in implied status. I am worried what happens if I get a unfavourable decision while in implied status? Can I use restoration and reapply OWP? Or will I have to leave Canada and resubmit OWP application from India?

Any advice highly appreciated!

Thanks.

Hello! Any thoughts! Kindly advice!!

 

[fkl]

Hello! Any thoughts! Kindly advice!!

I am not quite sure that you could considered on implied status. You applied from India, not from Canada and it was not the continuation of the same status you were previously on (I.e. on existing SOWP). Both of these are requirements for implied status.

If you applied on Dec 1, it is barely 2 months. I am not sure of the wp processing times in India these days, but 2 months is not much. So it would like take some time.

Also I don't know if being in Canada at that time affects your chances in any way.

 

[fkl]

Hi fkl and all

I have full-time job offer in software company in B.C. My noc 2173 but no idea for which category?(0,A and B). I got pgwp last 3 months,if am eligible for submitting sowp? somewhere i am reading to minimum 6 month experience in Canada need to eligible sowp.so i am very confused.please help me
Thank you

There is no six month limit. Technically you could apply for SOWP once your have a PGWP+ Skilled Job offer (without even having started job).

But did you provide a letter from employer describing your duties in enough detail to make it very clear its NOC 2173? Just writing NOC isn't enough. By the way 2173 is NOC A.

 

[terki]

Read the lines carefully -
If your spouse wants to work in Canada

If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same rules as you do. This includes their employer getting an LMIA from Employment and Social Development Canada/Service Canada, if needed.

Your spouse or common-law partner can apply for an open work permit if you are:

approved to work in Canada for six months or longer, and

doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have an open work permit (e.g. post-graduation work permit, International Experience Canada, et cetera) your spouse must attach a copy of your work permit to their application for an open work permit, along with a:
letter from your current employer that confirms you work there in a NOC 0, A or B occupation, or a copy of your employment offer or contract, and
copy of your recent pay slips.

Your spouse’s permit will not be valid longer than yours.

 

[nurat]

Whoa! I now understand that there is something called 'Flagpole' but am not sure if I can use it. So here is my situation:

- My spouse has a Work Permit and already working in Canada (NOC A). Permit is valid for another 15 months
- I am in Canada on a visitor visa (multiple entry and valid)
- Both are Indian PP holders
- I applied to CIC (online) in October but its seems like an eternal wait...

Can I flagpole? Any pointers are appreciated.

Thanks

 

[fkl]

Whoa! I now understand that there is something called 'Flagpole' but am not sure if I can use it. So here is my situation:

- My spouse has a Work Permit and already working in Canada (NOC A). Permit is valid for another 15 months
- I am in Canada on a visitor visa (multiple entry and valid)
- Both are Indian PP holders
- I applied to CIC (online) in October but its seems like an eternal wait...

Can I flagpole? Any pointers are appreciated.

Thanks

What is the type of your Spouse's work permit? If its PGWP, you need a detailed letter from employer outlining duties to prove its NOC A (along with pay stubs) to become eligible for SOWP.
The current trv you have, is it a visitor trv or a resident trv? (Did you apply on behalf of your spouse, did medicals and do you have medical coverage in Canada? Can you stay for longer than six months on this trv?)

If all of above is true - then you probably can do flag pole and get a work permit, though you would have to explain your situation though you might still have some difficulty convincing them that you do not require a VISA to enter Canada (and hence can apply for work permit at border) coz you have a spouse dependent trv. The official instruction is for some one on a work or study permit already.

If you just have a normal regular visitor trv (issued without medicals) that only allows you to stay in Canada for six months and does not get you health care in Canada, you likely won't be able to get it at border.

 

[jijialex]

There is no six month limit. Technically you could apply for SOWP once your have a PGWP+ Skilled Job offer (without even having started job).

But did you provide a letter from employer describing your duties in enough detail to make it very clear its NOC 2173? Just writing NOC isn't enough. By the way 2173 is NOC A.

Thanks for your information.I am planning submitting online in Canada next month last due to preparing for some documents.How much take processing time sowp(online in Canada) . My husband and daughter staying in India.

 

[fkl]

Thanks for your information.I am planning submitting online in Canada next month last due to preparing for some documents.How much take processing time sowp(online in Canada) . My husband and daughter staying in India.

It doesn't matter whether you submit on line or not. Since your husband and daughter are in India, it is going to be processed by Indian embassy and processing time from there would apply. You just cannot change that. Besides, I don't think processing right now from inside Canada is any better.

 

[aprillee]

does anyone know if paycheck instead of pay stubs will work? CIC website says you have to provide recent pay stubs but my spouse gets only paychecks. Will it be okay if I provide paychecks instead of pay stubs?

 

[fkl]

does anyone know if paycheck instead of pay stubs will work? CIC website says you have to provide recent pay stubs but my spouse gets only paychecks. Will it be okay if I provide paychecks instead of pay stubs?

Hard to say that is acceptable. Any one can write any one a cheque. It doesn't help to clarify what was the purpose of payment. Also in Canada, pay stub represents all sorts of taxable deductions that government does on a person's income. They might not exactly be the same in other countries but they are comparable.

Long story short, it is extremely weird that you don't get pay stub in Canada. It is like working on Cash. If you are outside of Canada at the very least you might have to provide some concrete alternate proof to justify that.

And still it would be an individual visa officer's discretion if he accepts it or not. There is no written policy and hence we cannot say beyond speculation / our individual opinions.

 

[aprillee]

Hard to say that is acceptable. Any one can write any one a cheque. It doesn't help to clarify what was the purpose of payment. Also in Canada, pay stub represents all sorts of taxable deductions that government does on a person's income. They might not exactly be the same in other countries but they are comparable.

Long story short, it is extremely weird that you don't get pay stub in Canada. It is like working on Cash. If you are outside of Canada at the very least you might have to provide some concrete alternate proof to justify that.

And still it would be an individual visa officer's discretion if he accepts it or not. There is no written policy and hence we cannot say beyond speculation / our individual opinions.

thanks a lot for your response! Maybe I misunderstood something, I need to clarify things with my spouse. Thank you again!