Spouse Open Work permit

[b4ahmad]

Hi FKL,

My husband's Sowp got refused today. I am a student with SP expiring Sep 2016. Applied sowp dec 28. The reason of refusal is not clear to me. It is mentioned in the "other reasons: you have not demonstrated that you meet the requirements of R205c(ii)." What is that?
There is no other reason mentioned on the refusal letter. Can you please make it clear for me.
Thanks
Raman

Oh, sorry to hear that. FKL shared a good link, here is another link for R205(c)(ii), read under R205, then under "C" and then under "ii) click exception C42 which applies to spouses of international students.
http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/codes.asp

I would suggest you wait for your study permit renewal, and once you have SP with long validity, apply for your spouse OWP. I would suggest you write a cover letter and mention following details, from your spouse side

My spouse is a full time student in XYZ college / university, designated learning institution (DLI # --- ---- ---) and I am requesting spouse open work permit under C42 exception, R205(c)(ii). and then read above paragraph and attach all required documents.

I hope it helps.

regards

 

[rajeshranam]

Hi,

My company has processed the WP extension for this year (till JAN, 2017) on Jan 4, 2016 and now I'm in "Implied status". As per the processing times, I may get my WP in April, 2016.

Last year, my wife applied for OWP in June and got in Oct last week. She was not successful in getting the IT job because of very short duration of WP. Now her WP is also expired and in "Implied status"

Unfortunately, my company didn't processed her OWP and processed only TRV. As per them, it is the policy that they shouldn't process Spouse's OWP. It is my bad luck.

Below are my doubts.

1) Is she has to apply for a new WP or extend the existing WP as her WP was expired on Jan 31, 2016?
2) If she has to apply for new WP, then can she apply it now with my application number. (FYI. Her TRV is also submitted with my WP application)?
3) If she has to apply for extending the existing WP, then can she apply it now with my application number?
4) or Does she has to wait for my WP to come and then apply with the related documents?

Please provide your valuable suggestions and help me.

Thanks in advance!!

 

[belde]

I have a doubt regarding SOWP i know that husband has to fall under NOC 0,A or B for spouse to apply for SOWP but i wanted to know whether husband has to have a minimum salary?Is there any range?

 

[nurat]

Hi FKL,

I called to cancel, the guy on the phone said he would put a note on my file. The immigration officer would make the decision whether or not to refund. When I told him that I can see online that the 'Final Decision' has not yet started, I was shocked when he told me that what is shown online is not always the current status (and this is CIC that we are talking about).

Man, it was on the basis of current status that I decided to flagpole. This country needs technology professionals real bad.

Anyways!

Hi Nurat,

Congrats. I am not sure. I believe cbsa could have assisted you with canceling that if possible. But there is little chance otherwise. Still calling helpline or sending case specific inquiry shouldn't hurt.

 

[nurat]

What kind of WP is your husband on? Was his WP granted on the basis of a NOC and a certain salary?

I have a doubt regarding SOWP i know that husband has to fall under NOC 0,A or B for spouse to apply for SOWP but i wanted to know whether husband has to have a minimum salary?Is there any range?

 

[fkl]

Hi FKL,

I called to cancel, the guy on the phone said he would put a note on my file. The immigration officer would make the decision whether or not to refund. When I told him that I can see online that the 'Final Decision' has not yet started, I was shocked when he told me that what is shown online is not always the current status (and this is CIC that we are talking about).

Man, it was on the basis of current status that I decided to flagpole. This country needs technology professionals real bad.

Anyways!

Its not just about having technology or not. It's more complex than that. They would only update status visible to you once they are absolutely positive about that status for applicant. Cic has senior people as well as juniors in training. Many of those process much of our applications, make judgements, but are not authorized to pass those on. A senior experienced officer reviews and updates things and puts the decisions there.

If some one goes to court or anything else the officer is who it is being asked from so he has to legally put things in perspective.

I know this because I have seen weird transitions in my notes because my case was a bit unusual. At one point I saw a negative decision by a case Analyst but latter it was over ridden by aN agent and thankfully it's through now.

This is the reason that for instance in case of PR applications eligibility is never turned to passed until final decision although it is considered technically first stage of approval.

I should mention that above was with reference to PR application which is more comprehensive and takes longer. It might be simpler for work permits by the core principal would always be the same

 

[sreejimunthikodu]

Hi,
We are from India.
I applied for Masters in university of Saskatchewan for fall 2016 intake. I am waiting for a positive response.
If I get an admission, I would like to take my spouse with me on SOWP.

I am in a dilemma whether to apply both study permit and SOWP together or study permit first. My visa agent says we can not apply both simultaneously. Is that true?

I have been searching for fund requirement for SOWP. But I could nott find any information. I am planning to show 12000 CAD savings in my account + bank loan documents covering tuition, cost of living etc. Also 12000 CAD in my wife's account. Is this sufficient for work permit and SOWP?

We have been married for four years. She is a software engineer in a reputed company. I am also employed in a reputed company. My wife has around 30,000$ worth family property on her name. I have gift deed from my parents worth 30,000$. But I am worried that we will be having only 24000$ in our account combined while applying. Someone please advice how to make our case strong.

Thanks,

 

[fkl]

Hi,
We are from India.
I applied for Masters in university of Saskatchewan for fall 2016 intake. I am waiting for a positive response.
If I get an admission, I would like to take my spouse with me on SOWP.

I am in a dilemma whether to apply both study permit and SOWP together or study permit first. My visa agent says we can not apply both simultaneously. Is that true?

I have been searching for fund requirement for SOWP. But I could nott find any information. I am planning to show 12000 CAD savings in my account + bank loan documents covering tuition, cost of living etc. Also 12000 CAD in my wife's account. Is this sufficient for work permit and SOWP?

We have been married for four years. She is a software engineer in a reputed company. I am also employed in a reputed company. My wife has around 30,000$ worth family property on her name. I have gift deed from my parents worth 30,000$. But I am worried that we will be having only 24000$ in our account combined while applying. Someone please advice how to make our case strong.

Thanks,

You can surely apply together. The only slight issue is - that when you are married and applying alone, because of family ties, you are slightly more likely to easily get study permit alone. Because you have family back home and you have to return to them.

When you apply with family you need to show enough funds (which seem okay as you mentioned) plus need to show good local ties so CIC does not worry about you not returning home in case you are not able to find legal way to stay longer in Canada. So put your spouse's education and work history along. That is one very strong tie. Some body who is doing well in his / her profession in home country is unlikely to illegally stay in Canada.

Given all of above, you are perfectly okay to apply for SOWP along with your study permit. Of course this assumes you are going into a full time Degree program at a decent University since CIC has some criteria around that too for accepting SOWP.

 

[abhinavshah]

4th time lucky
By god's grace I have finally received my SOWP approval after a very long wait & previous 3 visitor visa refusals.

Application submitted - 18th Dec,15 ( @ VFS Bangalore with upfront medicals & passport)
Approval email received - 19th Jan,16
Passport - currently dispatched

My request to everyone planning their move to Canada... Dream BIG & Don't give up on your dreams under any circumstance. Ensure that your application is extremely strong with all relevant papers. Incase of prior refusals, seek CAIPS/GCMS notes before applying again.

All the best & I pray to god that all deserving applicants get their approvals soon.

Hi,

I saw your post that your spouse open work permit to canada was approved recently.. Congratulations for that

I am in exactly same boat and in process of applying for an open work permit for my spouse from India...

I wanted to know what documents you and your spouse submitted to VFS India office to get the spouse work permit approval..

Also, on the Family Information Form, for question relating to the spouse who is residing inside Canada on work permit, what did you answer for - "Will accompany you to Canada?" YES or NO?

I would be grateful if you can answer my questions.

 

[rajeshranam]

Can any one please help me with some suggestions to my post.

I'm eagerly waiting for your respone.

 

[fkl]

Hi,

My company has processed the WP extension for this year (till JAN, 2017) on Jan 4, 2016 and now I'm in "Implied status". As per the processing times, I may get my WP in April, 2016.

Last year, my wife applied for OWP in June and got in Oct last week. She was not successful in getting the IT job because of very short duration of WP. Now her WP is also expired and in "Implied status"

Unfortunately, my company didn't processed her OWP and processed only TRV. As per them, it is the policy that they shouldn't process Spouse's OWP. It is my bad luck.

Below are my doubts.

1) Is she has to apply for a new WP or extend the existing WP as her WP was expired on Jan 31, 2016?
2) If she has to apply for new WP, then can she apply it now with my application number. (FYI. Her TRV is also submitted with my WP application)?
3) If she has to apply for extending the existing WP, then can she apply it now with my application number?
4) or Does she has to wait for my WP to come and then apply with the related documents?

Please provide your valuable suggestions and help me.

Thanks in advance!!

1. Since her wp is expired and you didn't apply for extension (instead you applied for dependent TRV) before expiry. It is not a renewal. She would just apply for a new SOWP assuming you have a skilled job and hence she is eligible for SOWP.
2. She can apply with your application but she also has to give reference to her trv application to prove to CIC that she is indeed on implied status.
3. Told you already it is not an extension any more because the wp already expired.
4. Not really - she doesn't have to wait - but either you apply together OR she waits till you got your wp and attach a copy of it along. Referencing another application in process is a bad idea unless you submitted both together.

Your employer policy sounds odd though. The fee and process is the same. And it is CIC which allows spouse of a skilled job / work permit holder to hold an open work permit. So it is not the employer's privilege to begin with - except that they pay the fee or do it through their lawyer.

 

[Thirumalareddy]

Hi,

My wife has completed her Masters and she would like to invite her parents for her Graduation .

She can get the letter from her University for the invitation to her parents.

But Can any one please tell for much duration does the Visiting Visa will be given if at all everything goes well.


Thank you.

 

[fkl]

Hi,

My wife has completed her Masters and she would like to invite her parents for her Graduation .

She can get the letter from her University for the invitation to her parents.

But Can any one please tell for much duration does the Visiting Visa will be given if at all everything goes well.


Thank you.

A standard visit visa is for 6 months duration stay in one go (meaning even if its multiple entry, you have to exit Canada max by six months).

However, a multiple entry visit visa could be valid for any length of time, possibly several years varying from case to case.

 

[Thirumalareddy]

A standard visit visa is for 6 months duration stay in one go (meaning even if its multiple entry, you have to exit Canada max by six months).

However, a multiple entry visit visa could be valid for any length of time, possibly several years varying from case to case.

Thank you.

Can you please provide me the link and what all the documents do they need to apply?

I Am looking at a multiple entry visit visa that will be valid for any length of time, possibly several years.

 

[sreejimunthikodu]

You can surely apply together. The only slight issue is - that when you are married and applying alone, because of family ties, you are slightly more likely to easily get study permit alone. Because you have family back home and you have to return to them.

When you apply with family you need to show enough funds (which seem okay as you mentioned) plus need to show good local ties so CIC does not worry about you not returning home in case you are not able to find legal way to stay longer in Canada. So put your spouse's education and work history along. That is one very strong tie. Some body who is doing well in his / her profession in home country is unlikely to illegally stay in Canada.

Given all of above, you are perfectly okay to apply for SOWP along with your study permit. Of course this assumes you are going into a full time Degree program at a decent University since CIC has some criteria around that too for accepting SOWP.

Thanks fkl for your support. Yes, I will be choosing only full time masters programs from reputed universities. Will my express entry profile be a problem for getting a study permit? My plan was to get a PR and go for masters. But with CRS of 430 it seems highly unlikely.

Thanks