Spouse Open Work permit

[fkl]

I am afraid it a long one for me to answer quickly. So i would try summarizing.

There is no correlation between getting married and getting a work permit. I don't know where did this idea came to your mind. It is pretty sensible and normal thing to get married for any person.

Since he got a Masters from Canada, he is entitled to a Post Grad work permit which basically is an open work permit (i.e. can work for any employer). I am not exactly sure about how long that takes, since my knowledge is mostly about standard - closed work permit that you get when an employer from Canada wants to hire you. But generally being in Canada already on study and having applied from INSIDE Canada greatly helps in the process and it shouldn't take long for him to get it.

You two should get married, once he gets his work permit (he should just intimate CIC right after married about his status change), he should get a job which i expect to be skilled in nature. Once he has that, you should apply for Spousal open work permit (based upon his work permit), which from india could take a few months of processing in general.

You might have to go to greater detail to prove your marriage for YOUR visa i.e. might have to submit wedding pics etc. in addition to marriage certificates. But that should be all.

Good luck.

Hi Everyone...

I am new to this forum and I needed some urgent help..

My fiancee and I are Indians and my guy had gone to canada to finish his MBA. He has now applied for his work permit. We are getting married in Jan 2014. Earlier, we had planned that he will apply for his work permit, come to india, get married ..traditionally and legally, go back to canada, look out for a job, then call me on tourist visa and while im in canada apply for my open work permit as his spouse...But we heard some people say to postpone the wedding because it is risky for him as well as for me to go to canada, get a work permit, get a job, etc.

Now we are really freaked out and needed some help as we really cant postpone our traditional wedding 20 days before the actual wedding date. So i need few answers to my questions:

1.) If he has applied for his work permit online, within how much time is he expected to get it
2.) Does he just get a mail saying his work permit has been approved however the final work permit he needs to collect from the canadian border or at the airport
3.) In case he has to collect his work permit from the border or the airport, do they reject it if they get to know that he is married and hasnt got the job yet
4.) Is there anything wrong or doubtful if we follow the process we had thought of earlier...apply for work permit , get married, he going back to canada and looking out for a job, then once he has a job, within a month call me on tourist visa and thereafter during my stay in canada, apply for my work permit as well..will this risk his chance of getting a work permit and my chance of not getting to go there
5.) What is the possible way for him and I to go to canada at the earliest...and get to work there ...he has done his MBA from top 3 B schools in Canada and I have finished my MBA from India.
6.) In case there is a risk or doubt in the mind of the immigration officer that both of us would like to settle there, then can we go ahead with the traditional wedding but not take the legal marriage certificate yet. And only after he gets his work permit and job, we can take the legal marriage certificate and thereafter I either move to canada on tourist visa and apply for my work permit or directly apply for my work permit as his spouse
7.) Is there any relation to the traditional wedding with his work permit
8.) Does a marriage ...legal or traditional have any effect on his chances of getting a work permit..getting a job...my application as spouse visa

I really would appreciate detailed accurate information on these questions and possible way where we both can live and work together in canada. Because delaying the traditional wedding is next to impossible as its already tooo late to do something like that...especially with wedding cards printed and delivered...

 

[iceprincess]

Thank you fkl for youur prompt reply.

So we can have a traditional wedding right now...ghe can go back to canada...get his work permit...look out for a skilled job...and thereafter call me there and then apply for my work permit...right?
Approx how long does a spouse work permit take? Any idea?

The reason people said that this might not work out and that marriage will be a block to both our future lives together...is probably coz like usa, canada would also fear people settling in its country...not sure

But are you the above plan of action would work smoothly? No glitches whatsoever?

And he should say he is single right when he goes through the work permit interview at border/at the aéroport?

 

[fkl]

You are most welcome.

The slight part, wrong below is, "Call me there and then apply for work permit". No, after getting his work permit and job, you simply apply in India for spousal work permit. You could even have applied together where he is the primary applicant with work permit and you being SOWP IF HE ALREADY HAD A JOB OFFER.

Spousal work permit could take a few months at Visa offices in India as far as i know.

They have no problems with settlement. They have problem with the fact that if your temp work permit expires and you do not get a PR, WOULD YOU STILL STAY ILLEGALLY OR WOULD RETURN TO YOUR COUNTRY.

Stating dual intent in a SOWP application while your PR application is already in progress is perfectly legal and okay.

Well if he has to go to border to receive work permits (they are only issued on airports when you land there), then he should be able to do that right away. There is no processing involved in between. If he already has an application in process, then i don't think he will have to go to border or any thing. He would just receive his work permit.

Meanwhile, he should inform CIC of the marriage as soon as it happens. That is the rule and advised and as per my knowledge there is no such bearing of getting married on approval of work permit.

P.S. If it helps to know, I got a job offer while being in my home country from an employer, got LMO and applied for work permit (skilled) for myself, SOWP for wife, trv for kids under 5, and open study permit for school going son TOGETHER. We receive approvals of all together and would be leaving for Canada soon. So definitely they have no issues with marriages as long as those seem legitimate.

Thank you fkl for youur prompt reply.

So we can have a traditional wedding right now...ghe can go back to canada...get his work permit...look out for a skilled job...and thereafter call me there and then apply for my work permit...right?
Approx how long does a spouse work permit take? Any idea?

The reason people said that this might not work out and that marriage will be a block to both our future lives together...is probably coz like usa, canada would also fear people settling in its country...not sure

But are you the above plan of action would work smoothly? No glitches whatsoever?

And he should say he is single right when he goes through the work permit interview at border/at the aéroport?

 

[Therasim]

Hi to everyone. My name is Rasim, i am going enroll Canadian university this autumm

I have some questions.

Does my spouse need work experience to get an Open Work Permit?

Can my spouse extend an Open Work Permit if i will successfully get a Post-Graduation Work Permit?

Thanks, Rasim

 

[PMM]

Hi

Hi to everyone. My name is Rasim, i am going enroll Canadian university this autumm

I have some questions.

Does my spouse need work experience to get an Open Work Permit?

Can my spouse extend an Open Work Permit if i will successfully get a Post-Graduation Work Permit?

Thanks, Rasim

1. No.
2. Only if your PGWP job is in NOC O, A or B.

 

[iceprincess]

You are most welcome.

The slight part, wrong below is, "Call me there and then apply for work permit". No, after getting his work permit and job, you simply apply in India for spousal work permit. You could even have applied together where he is the primary applicant with work permit and you being SOWP IF HE ALREADY HAD A JOB OFFER.

Spousal work permit could take a few months at Visa offices in India as far as i know.

They have no problems with settlement. They have problem with the fact that if your temp work permit expires and you do not get a PR, WOULD YOU STILL STAY ILLEGALLY OR WOULD RETURN TO YOUR COUNTRY.

Stating dual intent in a SOWP application while your PR application is already in progress is perfectly legal and okay.

Well if he has to go to border to receive work permits (they are only issued on airports when you land there), then he should be able to do that right away. There is no processing involved in between. If he already has an application in process, then i don't think he will have to go to border or any thing. He would just receive his work permit.

Meanwhile, he should inform CIC of the marriage as soon as it happens. That is the rule and advised and as per my knowledge there is no such bearing of getting married on approval of work permit.

P.S. If it helps to know, I got a job offer while being in my home country from an employer, got LMO and applied for work permit (skilled) for myself, SOWP for wife, trv for kids under 5, and open study permit for school going son TOGETHER. We receive approvals of all together and would be leaving for Canada soon. So definitely they have no issues with marriages as long as those seem legitimate.

thanks once again...he directly came to india after finishing his mba and applying for work permit. So he now plans to go


back to cananda and then look out for a job....but yesterday itself i heard that immigration officers have become very strict with regards to south asian marriages and entering canada... As he has just applied for work permit and then he shall apply for me too.. the authorities will look at it as a gateway for marriage fraud...this is what someone told me...this is what we are dreading of :-(

Also how does one get his/her work permit? Via email saying its extended and thereadter collect it from airport or directly via mail at the maiing addreas? In the first instance, if they initially say hez got his work permit for X years and thereafter once he collects it from the airport, they find out that he is now married and shall soon apply for spouse work permit...then can they reject it????

We are really freaked out!!!

 

[fkl]

thanks once again...he directly came to india after finishing his mba and applying for work permit. So he now plans to go


back to cananda and then look out for a job....but yesterday itself i heard that immigration officers have become very strict with regards to south asian marriages and entering canada... As he has just applied for work permit and then he shall apply for me too.. the authorities will look at it as a gateway for marriage fraud...this is what someone told me...this is what we are dreading of :-(

Also how does one get his/her work permit? Via email saying its extended and thereadter collect it from airport or directly via mail at the maiing addreas? In the first instance, if they initially say hez got his work permit for X years and thereafter once he collects it from the airport, they find out that he is now married and shall soon apply for spouse work permit...then can they reject it????

We are really freaked out!!!

I can only tell you what i know. For a normal work permit case like mine, where we apply from home country and receive approval from CIC for work permit via email. The approval is a letter called "Letter of introduction". Using that approval, you get the ACTUAL work permit document at the port of entry i.e. when you land.

For people who are from visa exempt countries (i.e. do not require a visa to visit Canada) and received a job offer with LMO, they can just direct land at get work permit issued at the port of entry showing their job offer and LMO.

For other cases, who are currently present inside Canada on say trv or some other work permit AND WERE ALLOWED TO APPLY for work permit INSIDE CANADA would usually have to do a "flag pole" i.e. go to Canada / US land border cross, get back and receive the work permit.

I am not sure what happens if you are already on work permit and apply for extension OR if you were on a study visa and applied to for PGWP. Though i believe it is unlikely that you have to go to border or any thing. My expectation is that it is issued as a document from CIC and that is it. But i can be wrong.

For the other part of your question, i don't think that an approved work permit can be denied upon discovering that you are married. The marriage not being genuine is a concern though. But you can show detailed proofs of that like pictures, may be honey moon travel records etc.

 

[Therasim]

Hi


1. No.
2. Only if your PGWP job is in NOC O, A or B.

if I will enroll into Canadian university programm for 2 years, then my wife will get open work permit for 2 years?

If i will find a job in NOC O, A or B for example only after 1 month after my graduation, my wife cannot stay with me? Can't understand it.

 

[fkl]

if I will enroll into Canadian university programm for 2 years, then my wife will get open work permit for 2 years?

If i will find a job in NOC O, A or B for example only after 1 month after my graduation, my wife cannot stay with me? Can't understand it.

Either when you are a student at a canadian university for two years, your wife would get open work permit for same duration. But you probably would have to show proof of funds for affording her expense initially similar to that is required for your own duration of study.

Once you get a PGWP and get a skilled job i.e. NOC 0, A or B, your spouse's work permit can be extended as well since being on twp with skilled job qualifies spousal open work permit. However, if you get a semi / unskilled job, then this does not hold

 

[asdmhee]

Hi . Can someone help me to enlighten. If my work right now is Cook and i will be getting married soon, can I get my wife here in Canada? Is cook still considered as skilled now that it is not qualified for CEC?

 

[ind23]

Hi All Fellow Members:
I am a PGWP Holder (Valid till Aug-2016) working in skilled Category "B" for a one of Canada's most reputed firm since last 6 months, I got married 2 weeks ago. My Wife is in India, and It is arranged marriage. She is well educated and working for a company based in Coimbatore as a office admin.

My annual salary is $70K CAD, and her annual salary in India is INR 2.6Lac. She has 1yr-4months of working experience. We just came from a honeymoon tour from Maldive.
Now I want to apply for SOWP. If someone can asses my case here, and suugest me to how to make my case stronger to get a work permit for her would be highly appreciable :

Docs I have now:
1. My PGWP (Valid till Aug 2016)
2. Letter from my Employer - Clearly Stating my position with Noc Code falls under B category, skills, duties, pay and benefits(also my spouse will be covered).
3. Pay Slips
4. Marriage Certificate
5. Photos of marriage ceremony, and trip log of honeymoon

Docs My Wife has:
1. Academic credentials till her Masters
2. Letter from her employer stating her position, skills and pay.
3. Her bank statements (Balance around 3 Lacs INR)

Her Travel History: She only traveled to Maldvies on a tourist visa, stays there for a week with me.
Home Ties: Nothing much only current job and deposits in her Saving bank account.

Please someone guide me, if I am missing any documents here, or any other docs which I can attach to make file more stronger and genuine. Your suggestions will be highly appreciable. Thank you all. Good Luck all here.

 

[iceprincess]

Either when you are a student at a canadian university for two years, your wife would get open work permit for same duration. But you probably would have to show proof of funds for affording her expense initially similar to that is required for your own duration of study.

Once you get a PGWP and get a skilled job i.e. NOC 0, A or B, your spouse's work permit can be extended as well since being on twp with skilled job qualifies spousal open work permit. However, if you get a semi / unskilled job, then this does not hold

In case, my guy has gotten the PGWP, and we are now thinking of gettig married- legally and traditionally, as you said earlier fkl, there wont be any problem for him right once he goes back to canada??

Secondly, when you mentioned proof of funding, what are the various ways to show that? Especially since he doesnt have a job yet, would parental funding be considered as proof of funding? On that ground, can I apply for my spouse open work permit visa? What are the other ways to show financial support?

Thirdly, is there any reason of doubt or chances of rejection if he gets his PGWP, we get legally and traditionally married, we apply for my spouse open work permit visa with the help of parents money as proof of funds, go to canada and then both of us look out for a job? Would I not get my spouse open work permit visa?

 

[fkl]

In case, my guy has gotten the PGWP, and we are now thinking of gettig married- legally and traditionally, as you said earlier fkl, there wont be any problem for him right once he goes back to canada??

Secondly, when you mentioned proof of funding, what are the various ways to show that? Especially since he doesnt have a job yet, would parental funding be considered as proof of funding? On that ground, can I apply for my spouse open work permit visa? What are the other ways to show financial support?

Thirdly, is there any reason of doubt or chances of rejection if he gets his PGWP, we get legally and traditionally married, we apply for my spouse open work permit visa with the help of parents money as proof of funds, go to canada and then both of us look out for a job? Would I not get my spouse open work permit visa?

Please understand that he is eligible for spousal open work permit in either of the two cases.

1) When he is CURRENTLY a student (or going to be a student) at a Canadian university and wants to apply SOWP along. Here you need to show enough funds to cover expenses of you both for at least a year. Parents money could have been used, but the best way is to put that money into an account in his name and show statements.

2) If he is done with his studies and is applying for PGWP, now he needs to get a skilled job first, before he is eligible for a spousal open work permit.

Your last point does not stand valid because i think once studies are completed and you got a PGWP, you need to have a skilled job first, to get a spousal visa. There is nothing wrong with getting married, but only apply for SOWP either when you ARE A STUDENT or when you HAVE A SKILLED JOB.

Hope that clarifies.

 

[racheal178]

hi there,
I used to held the Post graduate WP but now it expired and I lost my status. I have 90 days to restore my status. My boy friend is full time student in canada. We plan to get marriage in the end of 2014, but I lost my status now. so can we just get marriage now and I apply for Spouse Open WP to restore my status?
( we have been together about 8 month, so its is not enough time for common in law )
Thanks,

 

[fkl]

hi there,
I used to held the Post graduate WP but now it expired and I lost my status. I have 90 days to restore my status. My boy friend is full time student in canada. We plan to get marriage in the end of 2014, but I lost my status now. so can we just get marriage now and I apply for Spouse Open WP to restore my status?
( we have been together about 8 month, so its is not enough time for common in law )
Thanks,

Probably you can go that route. I am not really sure about this. Only CIC can verify. But one thing i am sure of is, you will have a hard time PROVING that your relationship is genuine and you really got married because you were already going to - not because you had to find a way to restore your status.