Advise on spouse open work permit

[Nirutem]

Dear all,

I have gotten admission to a college in Canada for the September 2018 intake. However, I have a concern and I'd be glad if one of you could help me in this regard. My spouse is unemployed since the past seven years and does freelance work (software engineer). I was wondering if that would be a problem if he applied for the open work permit?

Thank you for time .

 

[Bryanna]

My spouse is unemployed since the past seven years and does freelance work (software engineer).

I would recommend you refer to his professional situation as "Self employed" or even "Business" instead of "unemployed"

I was wondering if that would be a problem if he applied for the open work permit?

It would depend on the documents he provides to establish that he is self-employed. For example, has he registered with the government in his country? Does he have purchase orders/works contracts to prove he is actively working? Business bank account? Does he pay taxes? Does he rent office space and hire employees? Does he have professional affiliations? etc etc

 

[Nirutem]

Yes he does have work contracts but the freelance projects he gets aren't on a regular basis but he doesn't pay taxes or has any office space rented. He works from home. But I'm slightly concerned if all that could pose a problem if he applied for a open work permit. I'm not sure how to make his case strong. I'd really appreciate if you could guide me in this regard. Thank you.

 

[Bryanna]

Yes he does have work contracts but the freelance projects he gets aren't on a regular basis but he doesn't pay taxes or has any office space rented. He works from home.

Business registrations+ business bank account + payment of taxes, etc would have helped to prove that he has legit employment.

But I'm slightly concerned if all that could pose a problem if he applied for a open work permit. I'm not sure how to make his case strong. I'd really appreciate if you could guide me in this regard. Thank you.

He may want to consider registering his business, paying taxes on the income he earns, etc.... and work for some months after he registers his business + prove he has work commitments..... before he applies for an SOWP. I cannot think of another way to prove his employment situation

 

[Nirutem]

Sure thank you so much for your time Bryanna, however, what do you advise if he shows that he is unemployed because he hasn't been able to devote time to his freelancing for a longtime. Do you think he would face any hurdles to get a open work permit? His occupation falls under the highly skilled job type (he previously worked as a team leader, software engineer, with an IT firm). I'm just exploring my options. Your help in this regard will highly be appreciated.

 

[Bryanna]

however, what do you advise if he shows that he is unemployed because he hasn't been able to devote time to his freelancing for a longtime. Do you think he would face any hurdles to get a open work permit?

Yes, IMO, he could be refused. Based on your posts, his employment ties are almost non-existent or more correctly, they cannot be proved from a visa perspective.

I believe he would have some chance if he invests the time to regularize his employment/business before he applies (Read: Register it with government authorities, open a business bank account, etc etc). This could take some months, but could likely help.

Again, "unemployed" has a negative connotation especially for someone who is working..... even though your husband does not work full-time but he does work on-off. If he refers to his employment situation as "unemployed" in his visa application, it would create a negative impression that could impact whatever little chances he has in getting a visa.

His occupation falls under the highly skilled job type (he previously worked as a team leader, software engineer, with an IT firm). I'm just exploring my options. Your help in this regard will highly be appreciated.

Any reason why he is not taking his career seriously (sorry I get that impression).... or why he is no longer working in a mainstream IT company?

IMO, a 7-year break from full-time employment + with only on-off software work to show for the 7 years... is unusual.

If he has the financial resources, he could look into applying for a study permit for himself. An approval would, of course, depend on how long back he graduated, whether the study program he applies for would be in line with his work experience and his qualifications, etc etc