Work Permit Extension

[ginnig]

My spouse is primary candidate who did completed her Master's in University of Windsor in August 2023 (Stayed in Windsor Ontario from May 2022 to August 2023). She is India since August 2023 until now due to maternity leaves. She doesn't hold a job offer. She will be returning back to Canada in October 2024. She currently holds PGWP valid for 3 years from July 2024. I am her husband, was working in Canada, Windsor from Jan 2023 to March 2024. I came down to India and applied for a work permit extension but was rejected since my spouse didn't hold pay slips due to her maternity leaves due to which my work permit expired in April 2024.

Now we are planning to travel on September end with my Spouse holding a PGWP, and myself and kid in Visitor Visa.

Require some expertise thoughts on situation like considering our below options:
1. Me Travelling to Canada on Visitor visa along with Spouse and requesting a work permit at the airport. I still hold job offer from my Canadian employer since i am officially on Paternity leaves since April 2024 until October 2024. Is this a fair idea at the moment?
2. Or We are landing in Canada and approaching Border office for flagpole. Would our situation be fairly considered on humanitarian basis and issue a WP for me to support the family considering the situation that my Spouse isn't employed currently (due to post pregnancy care) and don't have any pay slips.

Please advise and help with expertise thoughts on the above situation.

 

[scylla]

My spouse is primary candidate who did completed her Master's in University of Windsor in August 2023 (Stayed in Windsor Ontario from May 2022 to August 2023). She is India since August 2023 until now due to maternity leaves. She doesn't hold a job offer. She will be returning back to Canada in October 2024. She currently holds PGWP valid for 3 years from July 2024. I am her husband, was working in Canada, Windsor from Jan 2023 to March 2024. I came down to India and applied for a work permit extension but was rejected since my spouse didn't hold pay slips due to her maternity leaves due to which my work permit expired in April 2024.

Now we are planning to travel on September end with my Spouse holding a PGWP, and myself and kid in Visitor Visa.

Require some expertise thoughts on situation like considering our below options:
1. Me Travelling to Canada on Visitor visa along with Spouse and requesting a work permit at the airport. I still hold job offer from my Canadian employer since i am officially on Paternity leaves since April 2024 until October 2024. Is this a fair idea at the moment?
2. Or We are landing in Canada and approaching Border office for flagpole. Would our situation be fairly considered on humanitarian basis and issue a WP for me to support the family considering the situation that my Spouse isn't employed currently (due to post pregnancy care) and don't have any pay slips.

Please advise and help with expertise thoughts on the above situation.

Neither of these options will work since your spouse is not working. You obtaining an open work permit is entirely dependent on your spouse having a job and actively working. There are no humanitarian and compassionate considerations. Your employer will need to obtain an approved LMIA so that you can apply for a closed work permit. Or you will need to wait until your spouse returns to work before you can reapply for the OWP. Those are the options.

 

[ginnig]

Hi, thank you so much for responding.

I haven’t heard much regarding a permit from Airport. But i have heard lot of them flagpoling directly from Border(like Queenston) which covers work permit as well as per the website info. Since we don’t have the payslip, but all other supporting docs for Spouse pregnancy medical conditions, wouldn’t that work in reality while approaching the border office? Please advise

 

[scylla]

Hi, thank you so much for responding.

I haven’t heard much regarding a permit from Airport. But i have heard lot of them flagpoling directly from Border(like Queenston) which covers work permit as well as per the website info. Since we don’t have the payslip, but all other supporting docs for Spouse pregnancy medical conditions, wouldn’t that work in reality while approaching the border office? Please advise

I don't think it will work. But you are free to try. Your spouse is required to be working for your OWP to be approved. Make sure you have a back up plan if you cannot get an OWP approved. I would strongly recommend that you start discussing the LMIA with your employer now.

 

[ginnig]

Ok sure. Thank you so much for the responses.