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Can spouse get open work permit like the primary applicant

nidakh

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Mar 8, 2016
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Hi Guys,

Our's is kind of a strange situation if not unique!

My husband came to Canada on an ICT visa and I accompanied him on an Open Work Permit valid until March 2017.

In our PR application I am the primary and my husband is the accompanying spouse (FSW) and we received an ITA on 16th November. His company is in the process of renewing our VISAs currently. The problem is I recently got a job in Montreal and I and our one year old daughter shifted here, while he is still in Toronto as he is on a closed work permit.

Our current goal is to be with each other as soon as possible as it is monetarily but more emotionally a very tough situation. I was thinking if we don't renew our visas through his company and wait to get BOWP for both of us, then he would be free to look for a job in Montreal sooner than later.

Any suggestions would help?? Any options we can't think of?? Is his company renewing our VISAs the only option??

Thanks
 

nidakh

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Mar 8, 2016
209
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DelPiero07

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Oct 2, 2016
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So since you're working in MTL and you want your husband to also work there... would you still intent to reside outside of Quebec? I actually don't know the answer for this but I wonder if this could affect your Express Entry application.

Avisad help me out :p
 

nidakh

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I don't officially start working till Monday the 19th of December and I plan to submit my documents before that, this weekend and I have enough proof to show I tried looking for jobs in Toronto.

Even I am not sure if this will affect my application as I have chosen Ontario as my province of choice as this option was not there then. Can I also add Quebec, as I have still not submitted my application??
 

nidakh

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And Congratulations for the ITA DelPiero07!!
 

DelPiero07

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I really really really wouldn't recommend adding Quebec. Remember that one of the requirements for CEC (and FSW?) is to "plan to live outside the province of Quebec"

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

Edit: thanks! ;)
 

nidakh

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Mar 8, 2016
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Test Completed: Jun 25th 2021
DelPiero07 said:
So since you're working in MTL and you want your husband to also work there... would you still intent to reside outside of Quebec? I actually don't know the answer for this but I wonder if this could affect your Express Entry application.

Avisad help me out :p
I just remembered as you got me thinking.....So technically I was hired by a company in Toronto and my base location is mentioned as Toronto in my offer letter but I am working at one of their client sites in Montreal for whom I was specifically hired....That should do I guess
 

Batman_is_Real

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nidakh said:
I just remembered as you got me thinking.....So technically I was hired by a company in Toronto and my base location is mentioned as Toronto in my offer letter but I am working at one of their client sites in Montreal for whom I was specifically hired....That should do I guess
As long as Employer who is paying you is based in Toronto you are okay in that situation.

Regarding your BOWP situation, you are fine to apply for BOWP since you are primary applicant and you can include your husband in BOWP application as accommodating spouse since that is the case for your PR application as well there in no problem.

Just make sure your husband's employer don't submit visa application though otherwise things might get messy.
 

pfse

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Mar 20, 2014
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nidakh said:
I just remembered as you got me thinking.....So technically I was hired by a company in Toronto and my base location is mentioned as Toronto in my offer letter but I am working at one of their client sites in Montreal for whom I was specifically hired....That should do I guess
It really doesn't matter where your company is located and who hired you. To be eligible for EE you should convince IRCC that you plan to live outside of Quebec. You may put destination "Toronto" in your profile but if IRCC finds out that you are currently living in Quebec, they will probably send you procedure fairness letter were you will be asked to convince IRCC that you won't be staying in Quebec after landing. And that will be hard to achieve.
 

Batman_is_Real

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pfse said:
It really doesn't matter where your company is located and who hired you. To be eligible for EE you should convince IRCC that you plan to live outside of Quebec. You may put destination "Toronto" in your profile but if IRCC finds out that you are currently living in Quebec, they will probably send you procedure fairness letter were you will be asked to convince IRCC that you won't be staying in Quebec after landing. And that will be hard to achieve.
I don't think that's an issue actually specially in IT field it's very common where you get reallocated quite often or being sent to work on different client location in different cities or different provinces.
 

pfse

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Batman_is_Real said:
I don't think that's an issue actually specially in IT field it's very common where you get reallocated quite often or being sent to work on different client location in different cities or different provinces.
IRCC doesn't really cares who was sent by who. Quebec has their own immigration programs, therefore if you plan to live in Quebec, you need to go with one of these programs.
 

Batman_is_Real

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pfse said:
IRCC doesn't really cares who was sent by who. Quebec has their own immigration programs, therefore if you plan to live in Quebec, you need to go with one of these programs.
"I plan to live in toronto and I work for company that is in toronto, I am currently living in Quebec because of Project that I am assigned by my employer as soon as the assignment is complete I plan to go back."

Not sure if this one sentence will be enough and applicable in OP's case.
 

nidakh

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Mar 8, 2016
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I am getting worried.....My base location is still Toronto.....My bank financial statement....everything mentions Toronto address!
 

Batman_is_Real

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nidakh said:
I am getting worried.....My base location is still Toronto.....My bank financial statement....everything mentions Toronto address!
That should change asap if you are not living there anymore, specially on Health Card and Driving licence if you have any.
 

nidakh

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Mar 8, 2016
209
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Toronto
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App. Filed.......
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AOR Received.
10th March 2021
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Test Completed: Jun 25th 2021
I will list in my address history my last address as Quebec and explain in LOE currently on client site.....And frankly speaking it is just to gain some Canadian experience I took this huge step and did not let the chance go.....We might actually shift to Ontario but there is no way I can prove that!