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Spousal open work permit

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
canadahelp7 said:
Thanks for getting back to me, ratiffy.
Ah so is he on a post graduation work permit? or an employer driven WP?
I think it does not matter if it is either but I was hoping to make sure.

I looked up the processing time and it says 5 months - you are almost there hun, I hope you hear some good news really soon!
Please do keep us updated!
http://www.cic.gc.ca/english/information/times/temp/workers.asp
FYI, it does matter. A PGWP is an open work permit and your spouse cannot get an OWP of their own with that. They can only get a OWP if their spouse as a CWP with a qualifying NOC.
 

canadahelp7

Hero Member
Sep 3, 2011
330
9
amikety said:
FYI, it does matter. A PGWP is an open work permit and your spouse cannot get an OWP of their own with that. They can only get a OWP if their spouse as a CWP with a qualifying NOC.
what is CWP?
If I am on PGWP in a skilled job, NOC A - are you saying my partner cannot apply for OWP?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
CWP = closed work permit. The type that requires a LMO and locked to one employer.

If you research the matter (try a google search or search this forum) you will come across numerous threads. Their summary is PGWP are the OWP. Spousal WP are based on CWP. I suppose you could try and might get lucky, but according to their own rules, no OWP in this situation.

Your spouse can still get a LMO and a CWP.
 

canadahelp7

Hero Member
Sep 3, 2011
330
9
amikety said:
CWP = closed work permit. The type that requires a LMO and locked to one employer.

If you research the matter (try a google search or search this forum) you will come across numerous threads. Their summary is PGWP are the OWP. Spousal WP are based on CWP. I suppose you could try and might get lucky, but according to their own rules, no OWP in this situation.

Your spouse can still get a LMO and a CWP.
I have verified the information and the FW manual does say that spouses of applicants on PGWP, working in NOC O,A and B are eligible.
I am not certain where you gathered the below info from?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
As previously stated, there are numerous threads about this. Here is one:

http://www.canadavisa.com/canada-immigration-discussion-board/sponsor-spouse-post-graduate-work-permit-t82843.0.html

You'll notice one user called CIC and verified. You're more than welcome to try showing proof of your NOC, however as it has been stated, CIC doesn't track NOCs of PGWP to make sure you're eligible or remain eligible. This is what leads to denial.
 

canadahelp7

Hero Member
Sep 3, 2011
330
9
amikety said:
As previously stated, there are numerous threads about this. Here is one:

http://www.canadavisa.com/canada-immigration-discussion-board/sponsor-spouse-post-graduate-work-permit-t82843.0.html

You'll notice one user called CIC and verified. You're more than welcome to try showing proof of your NOC, however as it has been stated, CIC doesn't track NOCs of PGWP to make sure you're eligible or remain eligible. This is what leads to denial.
Thanks for the link.
It does help to be well prepared & leave the rest to god!
 

peggiechua

Star Member
Mar 2, 2011
94
2
Job Offer........
Pre-Assessed..
amikety said:
As previously stated, there are numerous threads about this. Here is one:

http://www.canadavisa.com/canada-immigration-discussion-board/sponsor-spouse-post-graduate-work-permit-t82843.0.html

You'll notice one user called CIC and verified. You're more than welcome to try showing proof of your NOC, however as it has been stated, CIC doesn't track NOCs of PGWP to make sure you're eligible or remain eligible. This is what leads to denial.

I read the whole conversations in the link you have provided. I saw the part where you said someone called the CIC call center and someone even sent an email to canadian embassy in the US to ask about this concern and they were given an answer that a spouse cannot get an open permit if her/his spouse is a PGWP.


But on the latter part, the guy who called the cic call center called again and was able to talk to two agents and they confirmed to him that HE being a PGWP can apply his wife or his wife can apply for opne work permit provided that he already has a job offer work under NOC O,A,B. Though during that time, he didn't provide the documents that he needs to attach and he was currently applying for PGWP. That's the reason it was denied. The guy who called even said in his post that the agents in the call center scares him because of their contradicting advise or knowledge regarding the visa-rules in Canada.

I will quote his original posts:

"...So I called the call center again. It is quite frightening that sometimes the call center agents give contradicting information. Anyway, today I spoke to two agents and they also emailed me a document about skilled workers and CONFIRMED spouses of skilled workers- with a pgwp (and I made them confirm that the Pgwp counts as work permit- can apply for OWP. HOWEVER you (the skilled pgwp holder) needs a detailed offer that shows your skill level from the employer. Your spouse should include this with the application."


"I recently called HRSDC in my area and informed them that their website info on pgwp was inaccurate and could negatively impact future Canadian employers and students (they had outdated info) They were very receptive to my feedback promised to update...will wait to see if/when they do it."


Now there's another member in that thread who experienced the same. He applied for his spouse OWP 2 months back without his job letter and the immigration refused the wife's visa saying "Spouses of PGWPP holders are not eligible for OWP" So he called CIC about 5 times and he was informed that he needs to reapply and this time provide a job letter that shows he is employed as a skilled worker and then his spouse can get an OWP. He talked to an immigration lawyer and suggested to go to the border and apply for the OWP there and to make sure to bring his job letter and all other supporting documents. They were also advised to go to the border during business hours so they can get a knowledgeable immigration officer. I will quote what the member said about being scared for receiving false information from the cic website.

"I am really appalled and frightened by the misinformation/foggy information provided by cic/hrdsc/canadian consulates in regards to this category. I will let you guys know by tonight as to what happened."

They did what their immigration lawyer advised them and will quote what he said:

"Good News! we went to the POE this morning around 10 am and my spouse was granted an Open work permit at the border based on my PGWPP.
She provided the officer:
my WP,
marriage certificate
my employers job letter,
copy of the specific NOC (printed from hrdc website)
letter of support from me
my bank statement
printed out copy of the following page (canadainternational.gc.ca/buffalo/visas/spouses-conjoints.aspx?view=d)

My spouse did not specifically ask if she is getting the work permit based on my PGWPP or my being a skilled worker. But I hope if you do the same you should be able to get the spousal OWP as well. Please note my spouse is from a visa exempt country and so she was able to get the process done at the border.

I wish all of you very good luck and I hope our experience helps you as well!

Have a nice day!"


The Thread starter of the link you have provided also got an approval as a PGWP.

"Just wanted to update that the work permit of my spouse has been approved.

So in short, if you have all the documents and you are in line with what the CIC website states, normally it is how it should be .

Good luck to everyone else."


Prior to the approval of an OWP of the spouse he even said:

"Great news that spouse of PGWP with a job in skill category A, B or C is eligible for open work permit. The majority of rejects I have seen have had the common theme of the husband or wife having an open work permit when the partner was here on a study permit and when the application for pgwp is made, the application of the spouse is rejected."


To sum it all up, what you said about a spouse can't get an OWP if the spouse is PGWP and the spouse should be on CWP is NOT TRUE. As long as their spouses who are PGWP have the job offer and the other proper documents, their partners can get an OWP.



canadahelp7 said:
I have verified the information and the FW manual does say that spouses of applicants on PGWP, working in NOC O,A and B are eligible.
I am not certain where you gathered the below info from?

Don't worry I read the link amikety provided and I read from page 1 to 3. I'm no sure if he or she read it all and there's no reason not to know what happened to the incidents of the members who wrote or shared their issues in that thread since the thread amikety provided started on 2011 and as soon as they got an approval of an OWP of their spouses, some of them, especially the thread starter shared it in that thread right away. I had to read the link he/she gave because as what I know too, a spouse can get an OWP if their partner is a PGWP visa holder with a skilled job under NOC O,A,B.


So You are right. You can get an OWP if your husband is a PGWP. As long as your husband or you will attach the proper documents like job offer/his salary in the letter/health benefits if there are/PGWP visa or whatever you need to show that he has a PGWP visa etc. The most important is the job employment letter under NOC O,A,B.


Anyway hope you will get yours soon. Just have faith in God. Good Luck. :)
 

canadahelp7

Hero Member
Sep 3, 2011
330
9
peggiechua said:
I read the whole conversations in the link you have provided. I saw the part where you said someone called the CIC call center and someone even sent an email to canadian embassy in the US to ask about this concern and they were given an answer that a spouse cannot get an open permit if her/his spouse is a PGWP.


But on the latter part the guy who called the cic call center called again and was able to talked to two agents and they confirmed to him that HE being a PGWP can apply his wife or his wife can apply for opne work permit provided that he already has a job offer work under NOC O,A,B. Though during that time, he didn't provide the documents that he needs to attach and he was currently applying for PGWP. That's the reason it got denied. The guy who called even said in his post that the agents in the call center scares him because of their contradicting advise or knowledge regarding the visa-rules in Canada.

I will quote his original posts:

"...So I called the call center again. It is quite frightening that sometimes the call center agents give contradicting information. Anyway, today I spoke to two agents and they also emailed me a document about skilled workers and CONFIRMED spouses of skilled workers- with a pgwp (and I made them confirm that the Pgwp counts as work permit- can apply for OWP. HOWEVER you (the skilled pgwp holder) needs a detailed offer that shows your skill level from the employer. Your spouse should include this with the application."


"I recently called HRSDC in my area and informed them that their website info on pgwp was inaccurate and could negatively impact future Canadian employers and students (they had outdated info) They were very receptive to my feedback promised to update...will wait to see if/when they do it."


Now there's another member in that thread who experienced the same. He applied for his spouse OWP 2 months back without his job letter and the immigration refused the wife's visa saying "Spouses of PGWPP holders are not eligible for OWP" So he called CIC about 5 times and he was informed that he needs to reapply and this time provide a job letter that shows he is employed as a skilled worker and then his spouse can get an OWP. He talked to an immigration lawyer and suggested to go to the border and apply for the OWP there and to make sure to bring his job letter and all other supporting documents. They were also advised to go to the border during business hours so they can get a knowledgeable immigration officer. I will quote what the member said about being scared for receiving false information from the cic website.

"I am really appalled and frightened by the misinformation/foggy information provided by cic/hrdsc/canadian consulates in regards to this category. I will let you guys know by tonight as to what happened."

They did what their immigration lawyer advised them and will quote what he said:

"Good News! we went to the POE this morning around 10 am and my spouse was granted an Open work permit at the border based on my PGWPP.
She provided the officer:
my WP,
marriage certificate
my employers job letter,
copy of the specific NOC (printed from hrdc website)
letter of support from me
my bank statement
printed out copy of the following page (canadainternational.gc.ca/buffalo/visas/spouses-conjoints.aspx?view=d)

My spouse did not specifically ask if she is getting the work permit based on my PGWPP or my being a skilled worker. But I hope if you do the same you should be able to get the spousal OWP as well. Please note my spouse is from a visa exempt country and so she was able to get the process done at the border.

I wish all of you very good luck and I hope our experience helps you as well!

Have a nice day!"


The Thread starter of the link you have provided also got an approval as a PGWP.
"Just wanted to update that the work permit of my spouse has been approved.

So in short, if you have all the documents and you are in line with what the CIC website states, normally it is how it should be .

Good luck to everyone else."


Prior to the approval of an OWP of the spouse he even said:
"Great news that spouse of PGWP with a job in skill category A, B or C is eligible for open work permit. The majority of rejects I have seen have had the common theme of the husband or wife having an open work permit when the partner was here on a study permit and when the application for pgwp is made, the application of the spouse is rejected."


To sum it all up, what you said about a spouse can't get an OWP if the spouse is PGWP and the spouse should be on CWP is NOT TRUE. As long as their spouses who are PGWP have the job offer and the other proper documents, their partners can get an OWP.




Don't worry I read the link amikety provided and I read from page 1 to 3. I'm no sure if he or she read it all and there's no reason not to know what happened to the incidents of the members who wrote or shared their issues in that thread since the thread amikety provided started on 2011 and as soon as they got an approval of an OWP of their spouses, some of them, especially the thread starter shared it in that thread right away. I had to read the link he/she gave because as what I know too, a spouse can get an OWP if their partner is a PGWP visa holder with a skilled job under NOC O,A,B.


So You are right. You can get an OWP if your husband is a PGWP. As long as your husband or you will attach the proper documents like job offer/his salary in the letter/health benefits if there are/PGWP visa or whatever you need to show that he has a PGWP visa etc. The most important is the job employment letter under NOC O,A,B.


Anyway hope you will get yours soon. Just have faith in God. Good Luck. :)
Thankyou peggiechua - much appreciated.
I have all the documents to support the application - would you have any advice on how much money we need to show in either bank accounts for the OWP application?
 

peggiechua

Star Member
Mar 2, 2011
94
2
Job Offer........
Pre-Assessed..
canadahelp7 said:
Thankyou peggiechua - much appreciated.
I have all the documents to support the application - would you have any advice on how much money we need to show in either bank accounts for the OWP application?

Hi canadahelp7, you're very much welcome :) In regards to the bank, that's not what I'm sure of. I have searched the website about it and didn't find any info on how much money in the bank does an applicant need to apply for an open permit who has a spouse that's under PGWP visa. All I found was this:


Note: If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including:

A letter from your current employer confirming employment or a copy of your employment offer or contract; AND

A copy of one of your pay slips.

http://www.cic.gc.ca/english/work/arriving.asp


Also I found this answers from other members who went through the same scenario and some they said the same thing:

-> What documents are we supposed to provide? Marriage certificate, bank statement, and anything else?
If we want to apply for a three year PGWP, how much money should we prepare in the bank statement?

Answer: Minimal funds as you are applying for an open work permit.

http://britishexpats.com/forum/showthread.php?t=731218




Another question and was answered by a member:

Your question has been answered in several other threads on this forum. But in brief, if you have a Job in skill level 0, A, B, then get a letter from your employer stating your job, get them to indicate that your job is equivalent to your specific NOC category. Then you also write a letter to CIC / like a cover letter indicating that you are supporting your spouse's application. If you do not have a job, then first get a visitor record for your spouse, and when you get a job you can send the above docs and she can change to a OWP.

good luck,
btw, I did the same exact thing, and my spouse got a a owp. Mine's is skill level A.

good luck

http://www.canadavisa.com/canada-immigration-discussion-board/open-work-permit-or-visitor-record-for-spouse-of-pgwp-holder-t82083.0.html




From What I have read, it's very important to make sure that Letter of employment includes (You can ask your husband to ask his employer to include this) the NOC Category or CODE NUMBER of his job, DESCRIPTION of his job and to make sure that it is close to the description in the NOC code in the HRSDC website, but DO NOT copy the job description in the website, just make sure it is close to it.


Some of the issues I read in some threads, the reason for the refusal was because the employer was not able to put the NOC Category or code in the letter and the applicant assumed that the VO will automatically searched it but they don't. I read somewhere, here that his application for open work permit was refused and was told that it was not clear to the VO if the the wife's job, as a PGWP visa holder, is under NOC O,A,B. So the husband called and said that his wife's job is under NOC A, he was told that they will re-open his case. I forgot the link and the title of the thread. But it's here. Will put the link once I see it.


And another reason for the refusal was because the time that OWP of the spouse was sent, was the same time the principal applicant (the student) was applying for his/her PGWP.

So I guess since your husband has a job already and it's under NOC O,A,B, I don't think you need a bank statement. They didn't state it in the CIC website, though they said you should include the pay slip of your husband. If you have a bank in Canada and you have enough money there, I think that's okay. As long as you will provide your husband's pay slip. :)
 

ratiffy

Star Member
Nov 22, 2012
102
1
@ canadahelp7:
hi.
i sent you a private message or inbox message. i dont know how they call it. anyway i sent a reply to your inbox.