Spouse with TRV

[altdiem]

Hello. Opened a thread to ask about two scenarios and if any of these scenarios possible for a protected person and his wife with a valid TRV (visitor visa) until 2029.

The husband, a refugee claimant, received a favorable decision from the RPD.

Scenario 1. Following the issuance of the Notice of Decision, he submitted a PR application that also included his wife. Can the wife apply for an open work permit while the PR application is still being processed?

Scenario 2. Following the favorable decision from RPD, the wife flies to Canada BEFORE submission of PR hence applies the PR application inside Canada as accompanying family.
Can the wife apply for an open work permit then?

Thanks.

 

[Canadian_rainbow]

I am looking for the answer actually.

 

[Simba112]

Hello. Opened a thread to ask about two scenarios and if any of these scenarios possible for a protected person and his wife with a valid TRV (visitor visa) until 2029.

The husband, a refugee claimant, received a favorable decision from the RPD.

Scenario 1. Following the issuance of the Notice of Decision, he submitted a PR application that also included his wife. Can the wife apply for an open work permit while the PR application is still being processed?

Scenario 2. Following the favorable decision from RPD, the wife flies to Canada BEFORE submission of PR hence applies the PR application inside Canada as accompanying family.
Can the wife apply for an open work permit then?

Thanks.

NO to both Scenerios

 

[denvela]

NO to both Scenerios

Can you provide an explanation so that we can discuss it further?

 

[RAHUL1997]

@altdiem hi ,
hope u doing fine..i also have same situation like you have you applied for your spouse pr from outside or inside canada?

 

[altdiem]

Did a little bit of research and this is what I came up with.

Source:
Immigration and Refugee Protection Regulations
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-207.html

Applicants in Canada

207 A work permit may be issued under section 200 to a foreign national in Canada who

• (a) [Repealed, SOR/2017-78, s. 9]
• (b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;
• (c) is a protected person within the meaning of subsection 95(2) of the Act;
• (d) has applied to become a permanent resident and the Minister has granted them an exemption under subsection 25(1), 25.1(1) or 25.2(1) of the Act; or
• (e) is a family member of a person described in any of paragraphs (a) to (d).

This is also found on Section 199. It indicates that if you are in a situation described in Section 207 above, you may apply for a work permit after entering Canada.

Application after entry

199 A foreign national may apply for a work permit after entering Canada if they

• (a) hold a work permit;
• (b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;
• (c) hold a study permit;
• (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
• (e) are a family member of a person described in any of paragraphs (a) to (d);
• (f) are in a situation described in section 206 or 207;
• (g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;
• (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or
• (i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

DIVISION 3
Issuance of Work Permits
Work permits

200 (1) Subject to subsections (2) and (3) — and, in respect of a foreign national who makes an application for a work permit before entering Canada, subject to section 87.3 of the Act — an officer shall issue a work permit to a foreign national if, following an examination, it is established that

• (a) the foreign national applied for it in accordance with Division 2;
• (b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;
• (c) the foreign national
  • (i) is described in section 206 or 208,
  • (ii) intends to perform work described in section 204 or 205 but does not have an offer of employment to perform that work or is described in section 207 or 207.1 but does not have an offer of employment,
  • (ii.1) intends to perform work described in section 204 or 205 and has an offer of employment to perform that work or is described in section 207 and has an offer of employment, and an officer has determined, on the basis of any information provided on the officer’s request by the employer making the offer and any other relevant information, that the offer is genuine under subsection (5), or
  • (iii) has been offered employment, and an officer has made a positive determination under paragraphs 203(1)(a) to (g); and
• (d) [Repealed, SOR/2004-167, s. 56]
• (e) the requirements of subsections 30(2) and (3) are met, if they must submit to a medical examination under paragraph 16(2)(b) of the Act.
  
  Non-application of par. (1)(b)
  (2) Paragraph (1)(b) does not apply to a foreign national who satisfies the criteria set out in section 206 or paragraph 207(c) or (d).
  
  Exceptions
  (3) An officer shall not issue a work permit to a foreign national if
  • (a) there are reasonable grounds to believe that the foreign national is unable to perform the work sought;
  • (b) in the case of a foreign national who intends to work in the Province of Quebec and does not hold a Certificat d’acceptation du Québec, a determination under section 203 is required and the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec;
  • (c) the work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute;
  • (d) [Repealed, SOR/2017-78, s. 8]
  • (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless
    • (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,
    • (ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);
    • (iii) section 206 applies to them; or
    • (iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act;
  • (f) in the case of a foreign national referred to in subparagraphs (1)(c)(i) to (iii), the issuance of a work permit would be inconsistent with the terms of a federal-provincial agreement that apply to the employment of foreign nationals;
  • (f.1) in the case of a foreign national referred to in subparagraph (1)(c)(ii.1), the fee referred to in section 303.1 has not been paid or the information referred to in section 209.11 has not been provided before the foreign national makes an application for a work permit;
  • (g) [Repealed, SOR/2018-61, s. 1]
  • (g.1) the foreign national intends to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; or
  • (h) the foreign national intends to work for an employer who is
    • (i) [Repealed, SOR/2022-142, s. 6]
    • (ii) ineligible under paragraph 209.95(1)(b), or
    • (iii) in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount.

Non-application of paragraph (3)(e)​

(3.1) Paragraph (3)(e) does not apply to a foreign national referred to in subsection 207.1(1) who engaged in unauthorized work in Canada or failed to comply with a condition of a previous permit or authorization.​

• (4) [Repealed, SOR/2018-61, s. 1]
  
  Genuineness of job offer
  (5) A determination of whether an offer of employment is genuine shall be based on the following factors:
  • (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, unless the offer is made for employment as a live-in caregiver;
  • (b) whether the offer is consistent with the reasonable employment needs of the employer;
  • (c) whether the terms of the offer are terms that the employer is reasonably able to fulfil; and
  • (d) the past compliance of the employer, or any person who recruits the foreign national for the employer, with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which it is intended that the foreign national will work.

 

[altdiem]

Confirming that a spouse of a protected person may apply for open work permit. I was able to obtain my work permit after my spouse was declared a convention refugee. I already have a valid TRV for awhile now so I was able to fly in as a visitor. I then applied for OWP within Canada in January and had it by the start of April.

We submitted our PR application in December so we had to use the webform to update the application to indicate that I have obtained a work permit here in Canada.

 

[Canadian_rainbow]

Confirming that a spouse of a protected person may apply for open work permit. I was able to obtain my work permit after my spouse was declared a convention refugee. I already have a valid TRV for awhile now so I was able to fly in as a visitor. I then applied for OWP within Canada in January and had it by the start of April.

We submitted our PR application in December so we had to use the webform to update the application to indicate that I have obtained a work permit here in Canada.

My partner got work permit valid for 2 years too

 

[Danii120]

Confirming that a spouse of a protected person may apply for open work permit. I was able to obtain my work permit after my spouse was declared a convention refugee. I already have a valid TRV for awhile now so I was able to fly in as a visitor. I then applied for OWP within Canada in January and had it by the start of April.

We submitted our PR application in December so we had to use the webform to update the application to indicate that I have obtained a work permit here in Canada.

Hey, quick question, did you have a job offer in hand?
Also, how long did the process take? Exactly 3 months?