Can my wife apply for the BOWP as an accompanying spouse in a PR application? (PLEASE HELP!)

[SaiLakshmi]

Hello, did you applied for pr non accompanying spouse? Are you a pr holder or just applied and got your final decision?

Yes, my spouse was declared as non-accompanying in our PR application. We haven’t received the PR yet, but we’re expecting it within the next 2–3 months under the Quebec program. Since my spouse doesn’t meet the French language requirements, she was listed as non-accompanying. However, she now needs to apply for an Open Work Permit (OWP) along with my Bridging Open Work Permit (BOWP). I’m unsure if this is acceptable, as the IRCC website doesn’t clearly mention whether non-accompanying spouses are eligible for an OWP in this situation, just that it states "Family members must be included as dependants in the principal applicant’s permanent residence application before the submission of the open work permit application.”

 

[SaiLakshmi]

If your spouse is in Canada and your score will be reassessed under the cut-off you are taking a huge risk. IRCC is no longer overlooking cases where spouses are in Canada and should be listed as non-accompanying without a very good reason.

What about cases where the spouse is declared non-accompanying due to a lack of French proficiency? In fact, including a spouse as accompanying would actually increase the points under the Quebec program. The only reason for not including my spouse is the French language requirement. It’s quite the opposite of the Express Entry system, where applying with a spouse can reduce the overall score

 

[SaiLakshmi]

Yes they would qualify for an SOWP but your PR risk being denied given your spouse is in Canada accompanying you. If your score will be reassessed under the cut-off you are taking a big risk having your spouse in Canada unless you have a very good reason they are non-accompanying.

As I mentioned in previous message, the only reason my spouse was declared non-accompanying is due to not meeting the French language requirement. Including my spouse would actually increase our score under the Quebec program—it’s not like Express Entry, where adding a spouse can reduce the CRS score. Given this context, would this still be considered valid for eligibility under the Spousal Open Work Permit (SOWP)?

 

[canuck78]

What about cases where the spouse is declared non-accompanying due to a lack of French proficiency? In fact, including a spouse as accompanying would actually increase the points under the Quebec program. The only reason for not including my spouse is the French language requirement. It’s quite the opposite of the Express Entry system, where applying with a spouse can reduce the overall score

Still could be considered misrepresentation if she is actually with you in Canada. Impossible to say if Quebec will take issue with your spouse being left out of your application. We are only seeing a crackdown on spouses listed as non-accompanying but in Canada fairly recently. Your points would only increase if she spoke French which she doesn’t. If your spouse was considered accompanying without French that would lead to a refusal.

 

[canuck78]

As I mentioned in previous message, the only reason my spouse was declared non-accompanying is due to not meeting the French language requirement. Including my spouse would actually increase our score under the Quebec program—it’s not like Express Entry, where adding a spouse can reduce the CRS score. Given this context, would this still be considered valid for eligibility under the Spousal Open Work Permit (SOWP)?

Yes she would qualify for SOWP but that only reinforces she is accompanying you in Canada and should have been listed as accompanying on your PR application.

 

[SaiLakshmi]

Still could be considered misrepresentation if she is actually with you in Canada. Impossible to say if Quebec will take issue with your spouse being left out of your application. We are only seeing a crackdown on spouses listed as non-accompanying but in Canada fairly recently. Your points would only increase if she spoke French which she doesn’t. If your spouse was considered accompanying without French that would lead to a refusal.

Given this situation, what would be the best course of action? If I list my spouse as accompanying without meeting the French language requirement, the application may not be accepted. On the other hand, if I declare my spouse as non-accompanying, it raises concerns about eligibility for the Spousal Open Work Permit (SOWP). It feels like a catch-22.

 

[canuck78]

Given this situation, what would be the best course of action? If I list my spouse as accompanying without meeting the French language requirement, the application may not be accepted. On the other hand, if I declare my spouse as non-accompanying, it raises concerns about eligibility for the Spousal Open Work Permit (SOWP). It feels like a catch-22.

There is a bigger issue. If IRCC and/or Quebec sends you a PFL saying they don’t believe she is non-accompanying and requires her to be added to your application as accompanying. How long has she been in Canada? Is she a visitor or has she had other status?

 

[SaiLakshmi]

There is a bigger issue. If IRCC and/or Quebec sends you a PFL saying they don’t believe she is non-accompanying and requires her to be added to your application as accompanying. How long has she been in Canada? Is she a visitor or has she had other status?

She is in Canada from 4 yrs, first 2 yrs on Closed WP (Intra company transfer) and the next 2 yrs on SOWP and working in IT