Spouse Open Work permit

[OptimisticHope]

Hi,

I need information on open work permit :

* I am working in canada on Open Work Permit , which i got through my spouse's Closed Work Permit.
* My current WP expires on October 2017, but I applied to PR in February and my PR application is in progress.


If my spouse moves back to my home country in April 2017 month, can I continue working in Canada on my Open Work Permit ?

 

[fkl]

Hi,

I need information on open work permit :

* I am working in canada on Open Work Permit , which i got through my spouse's Closed Work Permit.
* My current WP expires on October 2017, but I applied to PR in February and my PR application is in progress.


If my spouse moves back to my home country in April 2017 month, can I continue working in Canada on my Open Work Permit ?

If your current work permit is valid till Oct, you can stay here and work until Oct, irrespective of your spouse being here or your PR application.

If you wish to stay beyond that in Canada, then it depends upon other things.

If your spouse was the principal applicant in the PR file, then he/she needs to apply for his/her own BOWP (assuming your PR process doesn't complete before that), along with that BOWP your open work permit can be processed.

Without submitting that for principal applicant, there isn't another way for you. Of course if you were the principal applicant, you can always apply for BOWP any time (max 4 months) before the expiry of your current WP (preferably at least a month before).

Keep in mind that for BOWP eligibility, CIC would consider the expiry of his work permit (some time in April) and not yours

 

[ursanky]

Yes, she can stay back

Thanks for reply.
But while filing her visa, it was mentioned that it's dependent visa type.
As I'm primary applicant and she has got open work permit as dependent.
And my 2nd query is :
I'm working here on Canada payroll as intra company transfer ie transferred from Indian payroll to Canadian payroll for six months. So after six months completion I'll be transferred to Indian Payroll again. But I've work permit/visa till 2018. So after transfer to Indian Payroll, still can I stay in Canada without officially working?

Thanks.

 

[fkl]

Thanks a lot for your in detail answers.
I have a noc B category job and my position is junior software analyst.
Not sure how you think its NOC B, 2171, 73 or 74 are all NOC A's (The second 1 after 2)


Should i just mention about SINP or i should attach nomination certificate and job approval letter?
Attaching the nomination won't hurt. It would basically remove the requirement of it being skilled job


She applied for 21 days and the rejection reason was new marriage, country tie, travel history limited to nepal and her personal financial issue (GCMS note says in detail about this reason.)

Where should i explain about previous rejection?
Cover Letter / Letter of explanation


I am getting this doc list form after submitting question and answer in cic. does this seem correct?
Seems okay, i cannot suggest a full list, nor do remember that on top of my head. It varies from applicant to applicant. Any important document that you know is required should be there. What about police clearances? I didn't see those here? This is mainly required forms list.

Principle Applicant(PGWP Holder)
-Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM5710) (required)
-Passport (required)
-Use of a Family Member Representative for Online Applications (IMM5713) (required)
-Marriage License/Certificate (required)
-Digital photo (required)
-Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)
- Letter of Explanation

Spouse:
-Application for Work Permit Made Outside of Canada (IMM1295) (required)
- Family Information (IMM5645) (required)
-Passport (required)
- Purpose of Travel - Other (required)
-Digital photo (required)
-Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)
-Letter of Explanation

 

[rahman2]

Hi,
My bad it's NOC A.

I have listed the forms. I will add police clearance and other documents.

Thanks again.

 

[Ush]

Help me to fix this...
my sowp timeline
applied onine - 31 Dec 2016
med req - 7 Feb 2017
med passed - 17 Feb 2017
Visa refused - 23 February 2017

it has stated one reason in my refusal that my spouse has arrest warrant in his living place but he doesn't have any.is it possible for me to send reconsideration mail with he clear documents that he doesnt have anything such.to whom do i need to send reconsideration request and what is the email id

 

[fkl]

Help me to fix this...
my sowp timeline
applied onine - 31 Dec 2016
med req - 7 Feb 2017
med passed - 17 Feb 2017
Visa refused - 23 February 2017

it has stated one reason in my refusal that my spouse has arrest warrant in his living place but he doesn't have any.is it possible for me to send reconsideration mail with he clear documents that he doesnt have anything such.to whom do i need to send reconsideration request and what is the email id

send a case specific inquiry here
http://www.cic.gc.ca/english/contacts/web-form.asp

Attach proof (like police Clarence stating there was no such thing ever) and they must have mistaken it with some one else.

Provide all individual details like name, DOB, passport number, address etc.

Lastly, if you really want it to process faster, then DON'T submit CSE.

Instead submit a new application clearly referring to the last refusal stating that CIC was mistaken.

It would cost you the additional fee, but certainly would be easier and quicker to go through with CIC.

 

[Ush]

send a case specific inquiry here
http://www.cic.gc.ca/english/contacts/web-form.asp

Attach proof (like police Clarence stating there was no such thing ever) and they must have mistaken it with some one else.

Provide all individual details like name, DOB, passport number, address etc.

Lastly, if you really want it to process faster, then DON'T submit CSE.

Instead submit a new application clearly referring to the last refusal stating that CIC was mistaken.

It would cost you the additional fee, but certainly would be easier and quicker to go through with CIC.

Thank you so much fkl for quick reply.
i ll apply for reconsideration and wait for 7 days ,if i didnt get any response then i ll go for new one..Is that fine ?

 

[fkl]

Thank you so much fkl for quick reply.
i ll apply for reconsideration and wait for 7 days ,if i didnt get any response then i ll go for new one..Is that fine ?

I would be amazed if they respond with in 7 days. More likely it would take a couple months if you are lucky. Up to you.

 

[Ush]

I would be amazed if they respond with in 7 days. More likely it would take a couple months if you are lucky. Up to you.

Very Few of them got such..so I thought so..okay let me think about it..Thank you fkl

 

[OptimisticHope]

Hi,

I need information on open work permit :

* I am working in canada on Open Work Permit , which i got through my spouse's Closed Work Permit.
* My current WP expires on October 2017, but I applied to PR in February and my PR application is in progress.


If my spouse moves back to my home country in April 2017 month, can I continue working in Canada on my Open Work Permit ?

If your current work permit is valid till Oct, you can stay here and work until Oct, irrespective of your spouse being here or your PR application.

If you wish to stay beyond that in Canada, then it depends upon other things.

If your spouse was the principal applicant in the PR file, then he/she needs to apply for his/her own BOWP (assuming your PR process doesn't complete before that), along with that BOWP your open work permit can be processed.

Without submitting that for principal applicant, there isn't another way for you. Of course if you were the principal applicant, you can always apply for BOWP any time (max 4 months) before the expiry of your current WP (preferably at least a month before).

Keep in mind that for BOWP eligibility, CIC would consider the expiry of his work permit (some time in April) and not yours

Thank you fkl for the detailed response. Yes i am the principal applicant in PR Applicaiton.

However my spouse having valid visa until May 2018, but i got it until October 2017 due to my passport expiration. If he moves back to home country in April 2017, their company will not apply for my visa extension because i am on dependent visa.

In that case can I apply for dependent visa extension by myself ? or their company only needs to file dependent visa ? Any idea ?

 

[fkl]

Hi,

I need information on open work permit :

* I am working in canada on Open Work Permit , which i got through my spouse's Closed Work Permit.
* My current WP expires on October 2017, but I applied to PR in February and my PR application is in progress.


If my spouse moves back to my home country in April 2017 month, can I continue working in Canada on my Open Work Permit ?


Thank you fkl for the detailed response. Yes i am the principal applicant in PR Applicaiton.

However my spouse having valid visa until May 2018, but i got it until October 2017 due to my passport expiration. If he moves back to home country in April 2017, their company will not apply for my visa extension because i am on dependent visa.

In that case can I apply for dependent visa extension by myself ? or their company only needs to file dependent visa ? Any idea ?

Any company applying for you is just paying their lawyer to submit your file. You could do that by yourself. But the point is that you can only extend your status as a dependent if the principal's status is also continued.

In this case, although your principal spouse's visa is valid till 2018, you can apply and get extension WHILE he/she is here in Canada.

If you apply after his/her moving back (usually a current pay stub / updated status in Canada) is included with an application, CIC could refuse saying the principal applicant isn't here any more if you tell them he/she has moved back.

The question is, why are you considering that because you already have filed PR as a principal applicant. Why not get an independent visa on your own

 

[Ush]

my sowp timeline
applied onine - 31 Dec 2016
med req - 7 Feb 2017
med passed - 17 Feb 2017
Visa refused - 23 February 2017
email for reconsideration-24 February 2017
waiting.......

Hi fkl
Thank you for your help.I applied in CSE with Police Information Certificate.
but my husband work permit expires by June 2017 .That's the only thing running in my mind.it's tough to get my visa.am i right ?

 

[tia08]

Hello,

What are the usual supporting documents that need to be shown (along with the letter of introduction and passport) at the immigration office at the airport to be issued an open work permit? I don't have an employment number nor a LMIA (obviously) or anything that could be relevant in my case. So what do I bring?

Thank you.

 

[OptimisticHope]

Any company applying for you is just paying their lawyer to submit your file. You could do that by yourself. But the point is that you can only extend your status as a dependent if the principal's status is also continued.

In this case, although your principal spouse's visa is valid till 2018, you can apply and get extension WHILE he/she is here in Canada.

If you apply after his/her moving back (usually a current pay stub / updated status in Canada) is included with an application, CIC could refuse saying the principal applicant isn't here any more if you tell them he/she has moved back.

The question is, why are you considering that because you already have filed PR as a principal applicant. Why not get an independent visa on your own

Oh...that's a news to me .... Other than BOWP , I am not aware of this independent visa .

Yes, we are planning to file the extension before he moves back.

Can you please explain in detail that what kind of independent visa i can apply ? and can I continue my work on that status ?

Many Thanks for your response !!!