Spouse work visa while I study

[Catie1989]

Hello everyone,

I'm planning on studying September 2017 - July 2019 at Olds College in Alberta and have a couple of questions.

My husband and I have both worked in Canada before. I now wish to study there to become and Animal Health Technician, with the view to apply for residency after my first year working as an AHT through the post graduate work visa.

I worked from June 2011 until July 2014 so just over 3 years, with a break from September 2011 until May 2012. My husband completed working the 4 year cap allowed working up until June 2015, except for the same break I took.

Bearing in mind the 4 year cap has pretty much been reached by my husband, would he be able to apply for an open work visa as my spouse, whilst I attend school?

I'm guessing that due to the fact that our 4 year cap was reached in June 2015, by the time I graduate in 2019 I would definitely be able to apply for a Post Graduate work visa. But would my husband be able to apply for an open work visa too?

I hope all of this makes sense. It all feels kinda messy to us because of time spent in and out of Canada. It's really important to us that we get this right. We just had a negative response to our permanent residency application due to silly mistakes made years ago with NOC codes etc. For this reason I really want to get this right so I can get back out there to study, and bring my husband with me!

Thanks in advance!

EDIT: I was also wondering how much of the tuition fees and accommodation costs do I need to prove I have before I am eligible for the Study Visa? Enough for both years? enough for one year? Oh and Does the study visa cover me for both years or would I have to apply for an extension after my first year?

 

[scylla]

If your husband has reached the four year cap, he needs to spend four years outside of Canada (or inside of Canada but not working) before he will be able to come here and work again. The OWP he would qualify for by virtue of you being on a study permit is not exempt from this rule. In other words, if he has reached the four year cap, even if he technically qualifies to apply for an OWP because you are a student, that OWP will be refused because he has reached the four year cap.

The only way he can avoid the four year cap is if the can secure a NOC A or 0 job offer from an employer in Canada - along with an LMIA. He can then apply for a closed work permit tied to that specific role and employer.

 

[Catie1989]

Sadly, that is what I thought would be the case. Thanks for the quick reply scylla!

Know any answers to my questions about the Study Permit?

And after the 4 years not working in Canada (reached in 2019) would he then be eligible to apply for a OWP whilst I hold my PGWP?