Work Permit for Common-law Partner

[haileyng_]

Hi, I just want to ask about my common-law partner's case to see if she's able to submit her application for an open work permit. So she is an ESL student, and her permit will be expired this December, however, she's finishing her program this September and we're planning to have her go to work and support me instead of studying. Is she eligible to stay in Canada while her permit is still valid but she has done her program?

I don't know if we can apply for open WP directly or are there any other steps that we need to go through, or just an explanation letter about her condition is good enough? And should I apply for her using my account as well, because it kept asking me to apply for my study permit at the same time too while I only need to apply for her OWP. Please advise, thank you!

 

[scylla]

Hi, I just want to ask about my common-law partner's case to see if she's able to submit her application for an open work permit. So she is an ESL student, and her permit will be expired this December, however, she's finishing her program this September and we're planning to have her go to work and support me instead of studying. Is she eligible to stay in Canada while her permit is still valid but she has done her program?

I don't know if we can apply for open WP directly or are there any other steps that we need to go through, or just an explanation letter about her condition is good enough? And should I apply for her using my account as well, because it kept asking me to apply for my study permit at the same time too while I only need to apply for her OWP. Please advise, thank you!

What is your status in Canada?

 

[haileyng_]

What is your status in Canada?

I'm currently a full time international student

 

[scylla]

I'm currently a full time international student

Did you common law partner come to Canada on a study permit first or did you?

 

[haileyng_]

Did you common law partner come to Canada on a study permit first or did you?

Oh based on the time that we came, then she arrived first cause she was here since 2017, I came here in 2018 but she was a college student as first, then she failed some courses and since then she was always an ESL students cause she couldn't pass those levels.

 

[scylla]

Oh based on the time that we came, then she arrived first cause she was here since 2017, I came here in 2018 but she was a college student as first, then she failed some courses and since then she was always an ESL students cause she couldn't pass those levels.

It's hard to say in that case if she can successfully change to an open work permit. IRCC introduced a new rule last year where the principal foreign national (the first person who comes to Canada on a study permit) cannot switch to an open work permit later if their partner gets a study permit. She can try applying for the open wrok permit but there's definitely some possibility that it may be refused based on this new rule.

 

[haileyng_]

It's hard to say in that case if she can successfully change to an open work permit. IRCC introduced a new rule last year where the principal foreign national (the first person who comes to Canada on a study permit) cannot switch to an open work permit later if their partner gets a study permit. She can try applying for the open wrok permit but there's definitely some possibility that it may be refused based on this new rule.

From what I've seen, the condition for my common-law partner to apply for an OWP are:

"In order for their spouse to be eligible for the spousal OWP, the Principal Foreign National (student) must now provide:

• evidence that the principal foreign national is attending a designated learning institution
• evidence that the principal foreign national is actively engaged in full-time studies in a post-graduation work permit- eligible study program and institution, such as
  • a Canadian public post-secondary institution, such as a
    • college
    • trade or technical school
    • university
    • CEGEP in Quebec"

In this case, shouldn't it be me who would hold the PFN although I have received my temporary resident status after her? She was not attending in any PGWP eligible study program and her institution was not a DLI. Shouldn't it be understood like that? Thanks a lot in advanced!

 

[scylla]

From what I've seen, the condition for my common-law partner to apply for an OWP are:

"In order for their spouse to be eligible for the spousal OWP, the Principal Foreign National (student) must now provide:

• evidence that the principal foreign national is attending a designated learning institution
• evidence that the principal foreign national is actively engaged in full-time studies in a post-graduation work permit- eligible study program and institution, such as
  • a Canadian public post-secondary institution, such as a
    • college
    • trade or technical school
    • university
    • CEGEP in Quebec"

In this case, shouldn't it be me who would hold the PFN although I have received my temporary resident status after her? She was not attending in any PGWP eligible study program and her institution was not a DLI. Shouldn't it be understood like that? Thanks a lot in advanced!

You need to go by the official IRCC PFN definition. The definition for the PFN is here:

The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraph R186(w).

https://www.canada.ca/en/immigratio...es/public-policy-competitiveness-economy.html

 

[haileyng_]

You need to go by the official IRCC PFN definition. The definition for the PFN is here:

The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraph R186(w).

https://www.canada.ca/en/immigratio...es/public-policy-competitiveness-economy.html

From what I've read, her situation falls under paragraph R186(w), none of the other paragraphs fits her since her SP didn't allow her to work or anything like that. Should she be the PFN still because it said "other than under paragraph R186(w)"?

 

[scylla]

From what I've read, her situation falls under paragraph R186(w), none of the other paragraphs fits her since her SP didn't allow her to work or anything like that. Should she be the PFN still because it said "other than under paragraph R186(w)"?

Read the definition again. They are "or" statements. It's the first person to meet one of those conditions (not all of them). The very first one is obtaining a study permit. Based on what you've said, she was the first one to obtain a study permit.

 

[scylla]

From what I've read, her situation falls under paragraph R186(w), none of the other paragraphs fits her since her SP didn't allow her to work or anything like that. Should she be the PFN still because it said "other than under paragraph R186(w)"?

Ultimately you can still try to apply. There is some chance you may get lucky. However you need to make sure you have a plan B.