Spouse granted a shorter Open Work Permit than my Study Permit

[malucomaluco]

Dear all, we were granted our corresponding permits but my wife's Open Work Permit is valid for only 2 years (1 year shorter than the length of my program and 2 years shorter than my Study Permit as a main applicant).

Has anyone gone through this situation before?
Is there a way to appeal for this or is it common procedure?

Thanks!

 

[mrsm2016]

How long is your program?

 

[mrsm2016]

When is your intake? September?

 

[malucomaluco]

@mrsm2016 thanks for replying. The program is 3 years, starting this september (so estimated Sep 2023). My Study Permit is up to July 2024, my wife's OWP is valid until July 2021. Her passport is valid through 2026.

 

[21Goose]

You will be able to renew her work permit in 2021 if you are still in school at that time.

Also, even though your study permit says July 2024, the actual expiry date is 90 days after you complete your studies. If you finish in Sep 2023, your study permit will expire in December 2023. It's linked to you being an active student.

 

[malucomaluco]

You will be able to renew her work permit in 2021 if you are still in school at that time.

Also, even though your study permit says July 2024, the actual expiry date is 90 days after you complete your studies. If you finish in Sep 2023, your study permit will expire in December 2023. It's linked to you being an active student.

Thanks! Yes, I was aware of the link of my permit. Do you know if this 2 year work permit duration is standard procedure or there was something that made them decide that was the proper period?

 

[21Goose]

Thanks! Yes, I was aware of the link of my permit. Do you know if this 2 year work permit duration is standard procedure or there was something that made them decide that was the proper period?

It's entirely up to IRCC. A work permit for a spouse is not a right, and they can choose to give it for the same length as the study permit, or a shorter period. 2 years is quite a long time, and as I said, you will be able to easily renew it when the time comes as long as you are meeting the conditions of your study permit.

 

[malucomaluco]

Do you think that the Permit my wife has received on the passport letter can be "negotiated" with the Officer at POE?

 

[21Goose]

Do you think that the Permit my wife has received on the passport letter can be "negotiated" with the Officer at POE?

The officer is more likely to be suspicious and cancel it outright, and start to wonder about your study permit as well.

Why are you so worried? You have a two year open work permit with an easy renewal. It doesn't make sense to be so stressed out.

Tell us your reason for wanting a longer work permit. If it's a credible reason to us, it will be credible to the officer.

 

[malucomaluco]

The officer is more likely to be suspicious and cancel it outright, and start to wonder about your study permit as well.

Why are you so worried? You have a two year open work permit with an easy renewal. It doesn't make sense to be so stressed out.

Tell us your reason for wanting a longer work permit. If it's a credible reason to us, it will be credible to the officer.

I am not worried at all. I was simply wondering why, given that me and my wife are a couple, would be given different permits given that we live together and doesn't sound very logical to be given different durations. I mean, the reason that there exists OWP for a spouse is mainly to keep families together. Also it annoys me a bit that I will have to pay again for the extension, for not apparent reason.

 

[21Goose]

I am not worried at all. I was simply wondering why, given that me and my wife are a couple, would be given different permits given that we live together and doesn't sound very logical to be given different durations. I mean, the reason that there exists OWP for a spouse is mainly to keep families together. Also it annoys me a bit that I will have to pay again for the extension, for not apparent reason.

You have to look at the OWP as a privilege and not a right. They could also have denied her the work permit - they don't have to give it. The reason they gave a shorter period is based on the details in your file and what the officer thinks. I can't say why they decided to give a shorter WP, but there is a good reason for it, and asking for a longer permit at the border can raise a red flag. The officer may justifiably wonder why you are so concerned about getting a 4-year work permit.

So while you are correct that the purpose is to keep families together, a two year work permit is not unreasonable. If it was six months or something like that I would agree with you. A renewal will cost you $255, which, while not cheap, is not crazy expensive either.

If you like, you can politely ask at the border.. but I would recommend not pressing the issue. If they say no, accept it and move on. Personally, I wouldn't ask, but that's up to you.

 

[malucomaluco]

You have to look at the OWP as a privilege and not a right. They could also have denied her the work permit - they don't have to give it. The reason they gave a shorter period is based on the details in your file and what the officer thinks. I can't say why they decided to give a shorter WP, but there is a good reason for it, and asking for a longer permit at the border can raise a red flag. The officer may justifiably wonder why you are so concerned about getting a 4-year work permit.

So while you are correct that the purpose is to keep families together, a two year work permit is not unreasonable. If it was six months or something like that I would agree with you. A renewal will cost you $255, which, while not cheap, is not crazy expensive either.

If you like, you can politely ask at the border.. but I would recommend not pressing the issue. If they say no, accept it and move on. Personally, I wouldn't ask, but that's up to you.

I appreciate your answer. I don't know if we are entering a sort of political grey area to support that keeping couples together is a "privilege and not a right" given that usually the success of the main applicant (which usually is an economic asset for the country) is tied to keeping their ties with their loved ones together. Asking this to a border officer would be afaik a reasonable thing to do. What I believe is going on with the difference is that the expiry date of my study permit is not actually 2024, but the effective date I finish my PhD program. I don't know if the permits can be linked together so the end of one affects the other.

 

[21Goose]

I appreciate your answer. I don't know if we are entering a sort of political grey area to support that keeping couples together is a "privilege and not a right" given that usually the success of the main applicant (which usually is an economic asset for the country) is tied to keeping their ties with their loved ones together. Asking this to a border officer would be afaik a reasonable thing to do. What I believe is going on with the difference is that the expiry date of my study permit is not actually 2024, but the effective date I finish my PhD program. I don't know if the permits can be linked together so the end of one affects the other.

There is absolutely no grey area whatsoever.

The right to work and study in Canada is explicitly denied to Foreign Nationals under S.30(1) of the Immigration and Refugee Protection Act, which is the law that governs all immigration and movement of foreign nationals into Canada.

After that explicit denial, there are exceptions carved out where an officer may authorize a foreign national to work or study in Canada if certain conditions are met. The default position is simply a denial.

As a foreign national, you have been granted the privilege to study in Canada (and your wife to work) under certain specific conditions. If you do not meet those conditions, your study and work privileges can be immediately revoked.

In addition, you have not yet been permitted to enter Canada. You have a document that allows you to arrive at the border and ask for permission to enter. The CBSA officer has the authority to cancel that document and send you right back - you cannot assert any right to enter. Only citizens, PRs, and First Nations people have the absolute right to enter Canada.

Here's the official word from the government of Canada

The admission of foreign nationals into Canada as temporary residents is a privilege, not a right.

https://www.canada.ca/en/immigratio...s/temporary-residents/visitors/what-visa.html

Do people with study permits get turned away at the border? No, not usually, but it's not unheard of. Naturally your chances of that happening are extremely low, but that's not the same thing as believing that you have rights that you actually don't have.

Anyway, you do what you feel is right.

 

[malucomaluco]

There is absolutely no grey area whatsoever.

The right to work and study in Canada is explicitly denied to Foreign Nationals under S.30(1) of the Immigration and Refugee Protection Act, which is the law that governs all immigration and movement of foreign nationals into Canada.

After that explicit denial, there are exceptions carved out where an officer may authorize a foreign national to work or study in Canada if certain conditions are met. The default position is simply a denial.

As a foreign national, you have been granted the privilege to study in Canada (and your wife to work) under certain specific conditions. If you do not meet those conditions, your study and work privileges can be immediately revoked.

In addition, you have not yet been permitted to enter Canada. You have a document that allows you to arrive at the border and ask for permission to enter. The CBSA officer has the authority to cancel that document and send you right back - you cannot assert any right to enter. Only citizens, PRs, and First Nations people have the absolute right to enter Canada.

Here's the official word from the government of Canada

The admission of foreign nationals into Canada as temporary residents is a privilege, not a right.

https://www.canada.ca/en/immigratio...s/temporary-residents/visitors/what-visa.html

Do people with study permits get turned away at the border? No, not usually, but it's not unheard of. Naturally your chances of that happening are extremely low, but that's not the same thing as believing that you have rights that you actually don't have.

Anyway, you do what you feel is right.

Although I already knew about the chances of denial at POE, I really didn't know the specific reasons (I really meant it when I said it the first time) and again, I appreciate that you took your time to explain it to me. I grant you that.

Still, the reason why two members of the same family would receive different permission duration from starters is still unanswered. I heard a case that the passports were asked back in order to fix the issue. I will keep you posted!

 

[canuck_in_uk]

Do you think that the Permit my wife has received on the passport letter can be "negotiated" with the Officer at POE?

If you haven't actually entered Canada yet, then you haven't been issued work or study permits. The permits are issued by CBSA when entering the country. What country are you from? Are you referring to the TRV in your passport or an eTA??