Please help! Transition from PGWP to SOWP if spouse starts study

[powereng1982]

So neither of them can get SOWP. Even though they never had dependents on their initial permits?

Is it prohibited to marry with people on study permit or PGWP?

 

[Tofebi]

It is prohibited to marry for people on study permit or PGWP?

Are you saying people on pgwp or study permit are prohibited from getting married?

 

[powereng1982]

I have tried searching but I don’t see a provision for this scenerio!

Spouses of PGWP holders qualify for open work permit under C41
https://www.canada.ca/en/immigratio...st-graduation-work-permit-program/permit.html


Spouses of study permit holders qualify for open work permit under C42
https://www.canada.ca/en/immigratio...ublic-policy-competitiveness-economy/c42.html

 

[powereng1982]

Are you saying people on pgwp or study permit are prohibited from getting married?

So neither of them can get SOWP. Even though they never had dependents on their initial permits?

Actually I was replying to your above message. Why would it be neigher? They both are eligible for SOWP. Spouse of PGWP holder under C41 and spouse of study permit holder under C42

 

[Tofebi]

Spouses of PGWP holders qualify for open work permit under C41
https://www.canada.ca/en/immigratio...st-graduation-work-permit-program/permit.html


Spouses of study permit holders qualify for open work permit under C42
https://www.canada.ca/en/immigratio...ublic-policy-competitiveness-economy/c42.html

I’m even more confused, I have read this article and by my understanding. It says either of them can get SOWP. Long as they never had a dependent on their previous visas. Right?

 

[powereng1982]

I’m even more confused, I have read this article and by my understanding. It says either of them can get SOWP. Long as they never had a dependent on their previous visas. Right?

Where does it say "either of them can get SOWP"?

For dependency, they have to provide necessary documentations i.e marriage certficates etc. As you said they had no dependents in previous applications, so there should be no issue with that

Secondly for work permit, they both have active status; both can work already. Why would they need to apply their SOWP at this time?

 

[Tofebi]

Actually I was replying to your above message. Why would it be neigher? They both are eligible for SOWP. Spouse of PGWP holder under C41 and spouse of study permit holder under C42

Thank you so much

Where does it say "either of them can get SOWP"?

For dependency, they have to provide necessary documentations i.e marriage certficates etc.

Secondly for work permit, they both have active status; both can work already. Why would they need to apply their SOWP at this time?

Each article individually states that their dependent can get SOWP.

Also, one of them has a shorter work visa. Expiring early next year.

 

[powereng1982]

Thank you so much


Each article individually states that their dependent can get SOWP.

Also, one of them has a shorter work visa. Expiring early next year.

PGWP holder then should apply for SOWP

Can I hold 2 valid work permits at the same time? Yes, you can.
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1653&top=17

 

[Tofebi]

PGWP holder then should apply for SOWP

Can I hold 2 valid work permits at the same time? Yes, you can.
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1653&top=17

you have been so helpful. Thank you

 

[cgst41]

Hi guys, it was never mentioned that Ex-PGWP/SP holder is not eligible for SOWP.

 

[Tofebi]

Hi guys, it was never mentioned that Ex-PGWP/SP holder is not eligible for SOWP.

Yes, I think someone has cleared that above

 

[cgst41]

Yes, I think someone has cleared that above

Hi Tofebi,

Can you point out to me where exactly?

 

[saichand]

You are not eligible for an SOWP if your spouse begins to study. Canada changed the rules a few years ago. This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. So you are considered the principal status holder, so if your spouse begins to study you cannot get SOWP.

What if in this case, the original student also the original pgwp holder is studying again a masters program eligibe for sowp, in that case will this person be the principal applicant still back from when he first applied for study and work permits and the spouse is on a C41, can the spouse transition to C42 if they are both applying together from inside Canada?

 

[ykarkera]

You are not eligible for an SOWP if your spouse begins to study. Canada changed the rules a few years ago. This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. So you are considered the principal status holder, so if your spouse begins to study you cannot get SOWP.

Just to update the group here, Myself and my spouse were in the same situation and our permit got approved. My wife came here as a student, studied and got her PGWP. I then came on SOWP. We both received 3 years permit which got expired last month. I decided to do my masters changing my SOWP to Study Permit and my wife changed from PGWP to SOWP. both our permit got approved.

 

[canuck78]

Just to update the group here, Myself and my spouse were in the same situation and our permit got approved. My wife came here as a student, studied and got her PGWP. I then came on SOWP. We both received 3 years permit which got expired last month. I decided to do my masters changing my SOWP to Study Permit and my wife changed from PGWP to SOWP. both our permit got approved.

Strange maybe it was approved due to the masters since you aren’t supposed to be able to do this. Many used to take turns doing this to extend their stay often not genuine students which is why this was stopped.