Open work permit for spouse of qualified worker after getting married in Canada

[alxndrs]

Hello,

I am working at a university in Canada on a work permit renewed on a yearly basis, this summer being the first time that I will ask for an extension for a year more. My question is if my partner can apply for an open work permit from within Canada after getting married in Canada while she is on an eTA as a visitor.

We do not have the time to get married back home before I apply for my extension, and we are considering to get married here just after arriving and while my permit will have been renewed for a year more (she can stay for 3 months on an eTA without asking for an extension). Assuming it is not difficult for two foreigners to schedule a marriage in Canada, is there any reason why the SOWP wouldn't be approved in our case? Would it seem suspicious getting married just after arriving to Canada together? Of course we will be having extra proof of our relationship to provide if necessary (pictures, tickets from trips together etc.).

Any information would be of great help! Thanks

 

[canuck78]

You will likely have wait until you get the marriage certificate that can take a month or so I would see if you could get faster processing. I would also look into what the province/city requires for you to do to apply for a marriage license. You would also need to book a ceremony at city hall or elsewhere. I would try to get married as soon as possible to start the application process. Otherwise it should be fine but obviously I can't guarantee that you will be granted the extension.

 

[alxndrs]

I would try to get married as soon as possible to start the application process.

Thanks very much for your answer. So, supposing that everything goes as planned, we get married as soon as possible and receive the marriage certificate within 3-4 weeks, my partner applies for her open work permit right away from within Canada, this might take another 5 weeks to get processed. It is still not clear to me if a EU citizen can stay up to 90 days or 6 months on an eTA, but if it is 90 days the whole process could bring us close to the expiry date, and the return flight that should have probably been reserved in advance by to enter Canada as a visitor. I wonder if during the processing time of her application she could remain in Canada regardless of stay limit as a visitor, or if this would justify an extension.

Thanks again for your valuable help!

 

[canuck78]

First want to clarify that the eta is just a travel document and so she is a visitor. Visitor status usually allows you to stay for 6 months unless otherwise stated. Since her owp is based on your extension you will need to apply for both together or hers after you have submitted yours. SOWP usually take 2-4 months to process. You can apply to extend her visitor status if you haven't received the SOWP. The extension will likely be granted. You should indicate that she is waiting for her sowp to be processed.

When arriving in the country you can show a return ticket. Some sites allow you to cancel within 24 hours or buy a refundable ticket that you can cancel when you enter Canada. As long as you can show that you will be supporting her it shouldn't be an issue. Also she is still a visitor so shouldn't arrive with her whole life packed up which would look suspicious.

 

[canuck_in_uk]

Hello,

I am working at a university in Canada on a work permit renewed on a yearly basis, this summer being the first time that I will ask for an extension for a year more. My question is if my partner can apply for an open work permit from within Canada after getting married in Canada while she is on an eTA as a visitor.

We do not have the time to get married back home before I apply for my extension, and we are considering to get married here just after arriving and while my permit will have been renewed for a year more (she can stay for 3 months on an eTA without asking for an extension). Assuming it is not difficult for two foreigners to schedule a marriage in Canada, is there any reason why the SOWP wouldn't be approved in our case? Would it seem suspicious getting married just after arriving to Canada together? Of course we will be having extra proof of our relationship to provide if necessary (pictures, tickets from trips together etc.).

Any information would be of great help! Thanks

You haven't actually stated your job. Note that for your spouse to qualify for an OWP based on your status, you must have a NOC A, B or 0 job.

 

[canuck78]

You haven't actually stated your job. Note that for your spouse to qualify for an OWP based on your status, you must have a NOC A, B or 0 job.

Yes very valid point guess I made an assumption based on the fact that it was a university job. Thanks!

 

[canuck_in_uk]

Yes very valid point guess I made an assumption based on the fact that it was a university job. Thanks!

Probably is but just want to make sure.

 

[alxndrs]

Probably is but just want to make sure.

Sorry, I missed these updates. I should be indeed NOC A, never saw it anywhere, I am a researcher at UBC, didn't think it makes a difference.

Whole life packed up would obviously look suspicious, return ticket after 6 months as well, so that should be in something like 3 months, and again have an excuse, why she wants to stay that long. I guess as you mentioned, we should start the process right away after arrival, and hope that she will be granted an extension, 2 1/2 would probably be short. Not the safest plan but feasible, I hope. I guess I can in theory justify that I wanted to surprise my girlfriend and ask her to get married once she arrived, nobody could challenge that, given that we'll have other proof like pictures, flights together etc. that we are a couple.

One more question since you seem to know what you are talking about. My permit is renewed on a year to year basis. Is there any condition like I should have a year ahead or something similar, as this would mean that her application should be submitted before the beginning of my second year here.

Thanks a lot for all the help!

 

[canuck_in_uk]

Sorry, I missed these updates. I should be indeed NOC A, never saw it anywhere, I am a researcher at UBC, didn't think it makes a difference.

Whole life packed up would obviously look suspicious, return ticket after 6 months as well, so that should be in something like 3 months, and again have an excuse, why she wants to stay that long. I guess as you mentioned, we should start the process right away after arrival, and hope that she will be granted an extension, 2 1/2 would probably be short. Not the safest plan but feasible, I hope. I guess I can in theory justify that I wanted to surprise my girlfriend and ask her to get married once she arrived, nobody could challenge that, given that we'll have other proof like pictures, flights together etc. that we are a couple.

One more question since you seem to know what you are talking about. My permit is renewed on a year to year basis. Is there any condition like I should have a year ahead or something similar, as this would mean that her application should be submitted before the beginning of my second year here.

Thanks a lot for all the help!

The NOC definitely makes a difference, as your position must be skilled for your spouse to qualify for an OWP.

You don't say where she is from but that she will travel with an eTA. Visa-exempt visitors generally have no issues entering Canada, provided they act like visitors, i.e. only have a few bags and don't say "moving to Canada". She should carry proof of funds and can book a fully refundable flight back. She should be fine to enter.

Your work permit needs to be valid for at least 6 months for her to be able to apply for an OWP.

 

[alxndrs]

Thank you for all the comments above, they've cleared up things for me quite a bit . I hope they prove useful to others as well, my case shouldn't be that rare.

So, we will probably go through all these the following weeks, and I hope to be able to provide some positive feedback soon.

It happens that after the expiration of my current work permit, and while waiting for the extension approval (I applied for an extension slightly late), I will be on implied status, meaning that I can't leave the country in the meantime, as far as I was told, not really a problem for now. I just thought though, what happens if my partner, spouse by that time, applies for an open work permit while I am on implied status. Could that mean a conflict for any reason?

 

[zardoz]

Thank you for all the comments above, they've cleared up things for me quite a bit . I hope they prove useful to others as well, my case shouldn't be that rare.

So, we will probably go through all these the following weeks, and I hope to be able to provide some positive feedback soon.

It happens that after the expiration of my current work permit, and while waiting for the extension approval (I applied for an extension slightly late), I will be on implied status, meaning that I can't leave the country in the meantime, as far as I was told, not really a problem for now. I just thought though, what happens if my partner, spouse by that time, applies for an open work permit while I am on implied status. Could that mean a conflict for any reason?

My understanding is that you must actually have been granted the work permit before your partner can apply for theirs. Implied status is not sufficient. Your partners work permit will have the same expiry date as yours.