Visitor visa for wife

[ski]

Hello all,

My wife was studying in Canada graduated in November. She was on a study permit which expired on December 31, 2015. Her visa also expired at the same time. She had to leave the country to go back to her home country because of a family emergency. Now the time has come to get her back to Canada. But she doesn't have a valid visa or study permit.

As a PhD graduate of a Canadian university, she can get an open work permit for 3 years. But she needs to be in Canada to apply for that. The application for work permit from outside canada does not have the post graduate work permit option but has only an open work permit option. Also, some posts have said that post graduate work permit applications from outside Canada tend to get rejected. There is no outright rule about this but a couple of posters have posted so.

I am permanent resident. I am thinking about my options to get her back to Canada.

Is it possible for me to invite my wife on a visitor visa so that she can come for up to 6 months and then apply for an open work permit when she is here? Will that be a violation? Also, do you think they would reject a post graduate open work permit application because she is on a visitor visa?

Thanks in advance.

 

[scylla]

Her situation is pretty complicated. One of the requirements for qualifying for a PGWP is that you must apply within 90 days of completing your studies.

She also needs to have a valid study permit at the time she applies for the PGWP in order for the PGWP to be approved. She should have applied to extend her study permit before it expired. Since she didn't, the situation becomes quite a bit more complicated.

Normally if she was remaining in Canada she would apply to restore her status back to a study permit (i.e. submit a restoration application along with a study permit extension) - and then also apply for the PGWP. She would have to apply to restore her status within 90 days of her study permit expiring.

If she left Canada then she can't really apply to restore her status and I'm not sure how she would manage to get a PGWP in that case. Having a valid visitor visa isn't enough. She also needs to meet the other two conditions of having a valid study permit at the time she applies and applying within 90 days of completing her studies.

Complicated situation. I'm not sure what to suggest...

 

[ski]

Thanks for the response. It has not crossed even 30 days since the letter was issued saying that all requirements for her degree are complete. So that part has still not lapsed. What has lapsed is renewing the study permit. One solution I am thinking of is applying for an open work permit from outside Canada using the IMM1295E form and mentioning that she was unable to extend her study permit due to family reasons but that she is otherwise eligible for a post graduate open work permit. Any ideas on that?

 

[scylla]

Thanks for the response. It has not crossed even 30 days since the letter was issued saying that all requirements for her degree are complete. So that part has still not lapsed. What has lapsed is renewing the study permit. One solution I am thinking of is applying for an open work permit from outside Canada using the IMM1295E form and mentioning that she was unable to extend her study permit due to family reasons but that she is otherwise eligible for a post graduate open work permit. Any ideas on that?

That won't work. She doesn't qualify for an open work permit. CIC isn't going to make an exception.

What she qualifies for is a PGWP. But she needs a valid study permit to apply for that. Once again, CIC won't make an exception - we've seen plenty of evidence of that on this forum.

I think her only hope is to apply for a new study permit from outside of Canada explaining the circumstances - and then to return to Canada and submit the PGWP application before the 90 days are up.

 

[ski]

Thanks again. With the university issuing her a letter stating that she has completed the requirements for her degree, would she still be able to get an study permit? She has not got her degree in the official convocation which will be in June. So can that be used as a reason?

 

[ski]

A few google searches - once you get your final letter stating that requirements are complete, you cease to be a student. Convocation is unlikely to get you a study permit.

 

[scylla]

Thanks again. With the university issuing her a letter stating that she has completed the requirements for her degree, would she still be able to get an study permit? She has not got her degree in the official convocation which will be in June. So can that be used as a reason?

I have no idea if this will work - but I think it's your only hope. Without a valid study permit there is zero chance a PGWP will be approved.

In that case she would need a full time job offer and approved LMIA from a Canadian employer to then qualify for a closed work permit and be able to work in Canada.

 

[ski]

Thanks again.

I have been reading about restoration of status. That is when you overstay the duration of your permit. In this case, it didn't really happen because she left the country before expiry of her study permit and also defended her thesis. The letter stating completion was however issued after that.

So maybe worth a shot but then again she doesn't need the study permit to continue studying so they have every right to refuse. She wants it only to apply for a PGWP and that would be pretty obvious to the visa officer.

 

[scylla]

She can't apply for restoration since she has already left Canada. That option is out. The only option would be to apply for a new study permit.

Definitely include a letter explaining the circumstances and the fact that she is only applying for the study permit so that she can then obtain a PGWP. I would submit the study permit application as soon as humanly possible. She doesn't have much time.

Good luck.

 

[ski]

Thank you so much for all your responses. We're in a tricky position and this information has been a great help.