Work and study at the same time, open work permit

[pepsiboy]

I am trying to explain my situation in the order as follows so you can follow it easier:
• I accompanied my wife who is PhD student on a visitor permit
• I got admission from my university to so my second degree in accounting. I already have a degree in mechanical engineering.
• I got my study permit on DEC, 11, 2011
• I am doing my second degree program and I am supposed to pass 25 courses toward my graduation and my classes are all from 5:00 PM to 9:00 PM.
• Since I am doing my second degree and I have to pass courses less than a complete degree, the number of courses I can get every semester is very limited and sometimes I can't take enough courses to be full-time and become eligible for off-campus work permit.
• So I am mostly at home and I preferred to work and I decided to apply for Open Work Permit which many of my friends have gotten when they come to Canada and accompanied their spouses.
• I called CIC to see if still I am eligible to apply for such a work permit and they said I can do that and it has no conflict with my study permit.
• I applied for the work permit online and I mentioned that I am applying for open-work permit in my explanations and I enclosed my wife's study permit and our marriage certificate to my application.
• I received a refusal letter saying that I was required to get LMO and a confirmation from HRDSC

So I have few questions:
1) Is there any problem in the processing of my application? Because I called CIC and they said still I could have been given an open-work permit.
2) I like to work and I have talked to an employer in Calgary and they are willing to hire me and I am sure that I can balance between my part time studies and my work obligations. So I apply again and mention that I want to take my courses on a part time basis can I get an open work permit?
3) If it is not possible for me to get an open-work permit, If my employer were applying to get LMO and I apply for regular work permit, can I still continue my study on a part time basis? Can I keep my study permit and have my work permit concurrently?

Tnx

 

[Inam89]

You might have done some mistake in filing your case because CIC website says as following:
Quote: "Accompanying spouses or common-law partners of foreign students are eligible for an open work permit, which means they do not need a job offer or a labour market opinion from Service Canada."

1. The meaning of Open Work Permit (OWP) is that you don't need LMO etc. As CIC call centre told you that you can apply and I agree yes you can apply for OWP it will be valid till the expiry of your Spouse's Study permit. When your spouse get her PGWP and secure a job NOC 0,A or B then you can have your OWP back.

2. When you get LMO then why won't you go for Work permit instead of OWP? OWP is dependent on your spouse Study permit and later her PGWP and job type.

3. Yes you can study in Canada while you are working as full time(FSW). You even don't require permit if the course is not longer than six (6) months. Work Permits normally states that you cannot study without authorization but this policy only applies, if the course is longer than six (6) months.
Source: http://www.filipinojournal.com/alberta/local-news/news/frequently-asked-questions-re-fsw-program.html

 

[scylla]

You can't have both a work permit and a study permit concurrently. If you apply for an open work permit, your study permit will be canceled as soon as the open work permit is approved. You have to choose.

 

[pepsiboy]

So If I got my work permit through the LMO. How can I continue my study? Can I do that as a part-time program? Is there any option for foreign workers on a valid work permit to study?
Tnx

 

[PMM]

Hi

So If I got my work permit through the LMO. How can I continue my study? Can I do that as a part-time program? Is there any option for foreign workers on a valid work permit to study?
Tnx

As explained, you can't. You are either a student or a worker not both (except for Off Campus Work permits).

 

[neetu1]

Ratings: +0



Re: Open work permit and study permit?
« Reply #4 on: December 10, 2012, 10:34:36 pm »
Reply with quoteQuote Modify messageModify Remove messageRemove
HI PMM,
I am here in montreal (quebec) as an international student and i have a study permit valid till aug 2014 but as my husband is holding a pgwp valid till 2015 september I want to change my study permit to open work permit. He has a full time job NOC-2175 . so can i apply for OWP on his PGWP. i NEED ur help!!!

And what are the documents i need to send with my application to change my status other than:
marriage certificate.
his job letter.
his pay slip.
copy of his work permit.


any help would be appreciated.

thank you in advance.

 

[sharmar]

You can't have both a work permit and a study permit concurrently. If you apply for an open work permit, your study permit will be canceled as soon as the open work permit is approved. You have to choose.

Hi scylla,
Please help me with a query. I already have Study Visa for Sept 17 intake but now my employer is also offering me the work permit for Canada. So here is my question, If my employer applies for my Work permit then my study visa will be valid or as you said above it would be cancelled. Please help.