What will Happen to my OWP

[vikris]

Hello..

I came to Canada to join my spouse who is a PhD student and applied for OWP. My Visa got approved for 3 long years and looking out for job opportunities. but, Unfortunately my spouse has to withdraw from PhD program due to internal problem.

She plans enroll for Phd next year winter/Summer as her visa is valid for 5 yrs . Now, i would like to know on following points.

1. Can she go back to India and come back again with the student Visa or better to stay back in Canada.
2. Can i eligible to Work here in Canada when she is not a student?
3. If i travel out of Canada due to business work & coming back, do the immigration officer at the at the POE will question me on these points.
4.please advise at the earliest..

Thanks,
VJ

 

[amikety]

1. It is possible. The permit doesn't guarantee re-entry though. If she's dropped out and hasn't enrolled in a new course, the IO could assume she isn't a genuine student and reject her. (Not guaranteed, just a possibility.) So it's best she already have her new courses enrolled and paid for with proof to re-enter.

2. No, your OWP is based on her being a student. Can you get away with it? Probably. Should you do it? If you're caught, you will be deported and banned for two years. Your OWP is solely based on the face she's enrolled in a high education program at a Canadian university or college. If she's not a student, your OWP isn't valid.

3. Yes, they can. If they discover she has withdrawn and you're trying to re-enter, you could lose the OWP and sent back home. If CIC gets ambitious, they can also follow through and terminate her study permit. It's rare they are that thorough, but do you really want to take the chance?

Best course of action is to ask your employee to file for a LMO on your behalf or stop working voluntarily until she is enrolled again. If your employer can get a LMO, you can get a closed work permit and continue to work.

 

[vikris]

1. It is possible. The permit doesn't guarantee re-entry though. If she's dropped out and hasn't enrolled in a new course, the IO could assume she isn't a genuine student and reject her. (Not guaranteed, just a possibility.) So it's best she already have her new courses enrolled and paid for with proof to re-enter.

2. No, your OWP is based on her being a student. Can you get away with it? Probably. Should you do it? If you're caught, you will be deported and banned for two years. Your OWP is solely based on the face she's enrolled in a high education program at a Canadian university or college. If she's not a student, your OWP isn't valid.

3. Yes, they can. If they discover she has withdrawn and you're trying to re-enter, you could lose the OWP and sent back home. If CIC gets ambitious, they can also follow through and terminate her study permit. It's rare they are that thorough, but do you really want to take the chance?

Best course of action is to ask your employee to file for a LMO on your behalf or stop working voluntarily until she is enrolled again. If your employer can get a LMO, you can get a closed work permit and continue to work.

Hi amikety,

Thanks for your reply..

I have a question,

Actually my spouse wants to enroll for 2014 Winter because the timelines for 2013 Summer were closed. So don't we have any transition period ? if yes how many months can she have the period.

Thanks,
VJ

 

[amikety]

Hi amikety,

Thanks for your reply..

I have a question,

Actually my spouse wants to enroll for 2014 Winter because the timelines for 2013 Summer were closed. So don't we have any transition period ? if yes how many months can she have the period.

Thanks,
VJ

If classes are normally offered, there is no option to "skip" a term.

 

[skyriderking 007]

Hello..

I came to Canada to join my spouse who is a PhD student and applied for OWP. My Visa got approved for 3 long years and looking out for job opportunities. but, Unfortunately my spouse has to withdraw from PhD program due to internal problem.

She plans enroll for Phd next year winter/Summer as her visa is valid for 5 yrs . Now, i would like to know on following points.

1. Can she go back to India and come back again with the student Visa or better to stay back in Canada.
2. Can i eligible to Work here in Canada when she is not a student?
3. If i travel out of Canada due to business work & coming back, do the immigration officer at the at the POE will question me on these points.

4.please advise at the earliest..

Thanks,
VJ

hi vikris
i am planning to apply for visa for 2014 jan intake i have question for you coz i am also going with my patner have you applied your visa the same time as your wife or separate,thanks in advance for your replay..