Urgent Advice - Work permit for Spouse of Post graduation Work Permit

[highflyer]

Hi Guys,

I need some advice. Here is my situation:
- I am currently on a post graduate work permit.
- My wife, who was on an open work permit, had applied for an extension of her work permit from CIC since her previous work permit expired on 30 August 2014.
-She has a TRV which is valid till November 30, 2014.
-Her work permit extension application was refused on the basis that it could not be proved that I worked on a NOC category O, A or B job.
-We had only provided my offer letter along with her application as thats what the online checklist asked for. The rejection letter we got from CIC said that "As the spouse of a holder of a Post Graduate work permit, you have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B."
-I have a job as an administrative office assistant.

At the time of her application, I only had my offer letter. I had called up CIC who said that we also needed to provide a pay-slip, which I now have. We are told that we now need to apply for a restoration of status for her.

Does anyone know whether she will be eligible to apply for Restoration of Status on the basis of my job and what is the quickest way to do it.

Any advice would be appreciated a lot since we are completely freaking out.

Thanks a lot.

 

[ragluf]

Does anyone know whether she will be eligible to apply for Restoration of Status on the basis of my job and what is the quickest way to do it.

Any advice would be appreciated a lot since we are completely freaking out.

Thanks a lot.

Right now she does not have status as her status expired on 30 Aug. TRV validity does not have any bearing on her status - it is her OWP that gives her proof of status.

She needs to file an application for the OWP and restoration of status. The OWP will be based on your PGWP, make sure you have ample proof aside from payslips (which proves current employment), job offer letter, and copy of PGWP.
http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

The note there states a copy of the payslip is needed. http://www.cic.gc.ca/english/work/apply-who.asp

Application can be done online (http://www.cic.gc.ca/ctc-vac/getting-started.asp) or via paper application sent to CPC-Vegreville. Quickest one will be online, but to get results generally will be roughly the same duration. Note you have 90days in which to file the restoration application. As soon as this is filed/submitted and at minimum an acknowledgement of the receipt of the application has been received, your spouse falls under implied status, and can stay until the results are known. However, she cannot work (if she was working) as the open work permit has expired, and you cannot get implied status on any expired work permit.
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp#days90

…Good luck and all the best…

 

[highflyer]

The OWP will be based on your PGWP, make sure you have ample proof aside from payslips (which proves current employment), job offer letter, and copy of PGWP.
http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

The note there states a copy of the payslip is needed. http://www.cic.gc.ca/english/work/apply-who.asp

Thanks a lot for getting back to me. When you say that I need to have ample proof, what else do I require apart from offer letter and pay slip? The problem is when I create a checklist on myCIC for an online application, it does not ask for anything. Therefore, I don't know that to do.

Do you know whether my job as office assistant falls within the NOC O, A or B categories? I think it does, but the reply that we got from CIC made it look like it didnt. So am a little confused.

Thank you so much for taking the time to reply. I appreciate it a lot.

 

[ragluf]

Thanks a lot for getting back to me. When you say that I need to have ample proof, what else do I require apart from offer letter and pay slip?

Copy of the PGWP should be included.
In some cases, proof of income enough to support a spouse in Canada supports the application - either bank statements, T-4 or NOA. Although it is not required, it supports the application as it shows financial capability in supporting the spouse.

The problem is when I create a checklist on myCIC for an online application, it does not ask for anything. Therefore, I don't know that to do.

Refer to the application guides and read through them to guide you in filling out the online application.
http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp
Included in the document checklists are what documents are generally needed in an application. Even if not explicitly stated in an online application, the guides will indicate what documents should be included in an application. Whenever confused in an online application - defer to the guides.

Do you know whether my job as office assistant falls within the NOC O, A or B categories? I think it does, but the reply that we got from CIC made it look like it didnt. So am a little confused.

If your duties fall under NOC 1241 - Administrative assistants - then it falls under B. If it falls under 1411 - 1411 General office support workers, then it falls under NOC C. Refer to the NOC site to see which NOC your duties fall under. http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx . You can get more information in that site. Look up the NOC Matrix and you can see what skill class your NOC falls under - http://www5.hrsdc.gc.ca/NOC/english/NOC/2011/pdf/Matrix.pdf

Or try emailing them to see if they can determine what NOC you fall under by sending them a description of your duties - noc-cnp@workingincanada.gc.ca

.../all the best

 

[highflyer]

Thank you so much. I will speak with CIC tomorrow to figure it out.