BOWP for Spouse Only

[Avi9]

Hi,

I am in a situation here:

I am on a closed work permit expiring Feb 25, 2014 and have already resigned 2 weeks ago as I received an offer from another employer to start in Dec 2-13.

I have applied for PR under CEC and already received my AOR Few months back. But the issue is that I am not the principal applicant - My wife is and her post graduation work permit is expiring in Aug 2014.

As her work permit is not expiring in 4 months compared to mine, I wanted to knbow if I as a dependent of the principal applicant and under a closed work permit NOC B; am eligible for the BOWP?

Seniors please help!!!

 

[ozchicsashk]

My spouse and I had the same problem. My Open Work Permit expires October 2014, and his October 2013. I am the primary applicant for residency.

Unfortunately he was rejected for a Bridging Work Permit as my Work Permit is not within 4 months of expiring. He was advised he would need an LMO to be eligible for a new Work Permit. Fortunately his employer was able to sponsor him on an LMO, however he will only receive a work permit based on the validity of the LMO.

Unfortunately we only found this out after paying the $150 application fee, so he will have to pay again when he goes to the border to activate the LMO work permit.

Hope that helps

 

[AINP-BDR]

why you people are going for BOWP. You can apply for Spouse dependent work permit. You are eligible for that

 

[ozchicsashk]

why you people are going for BOWP. You can apply for Spouse dependent work permit. You are eligible for that

I appreciate your comment, but in fact not everyone is eligible for that, and me & my spouse were not.

As we are both on Open Work Permits - mine the Australian working holiday program, and his the English International Experience Program, i was not eligible to apply for a spousal dependent work permit for him.

Every case is different, i was explaining our situation to help educate others, rather than just assuming everyone is eligible. We called CIC and they advised he needed an LMO, which we have now obtained and he can continue to work.

My advice is to call CIC and explain your situation and ask for their advice.

 

[ked]

I am on a closed work permit. And my wife is on post graduation work permit. I am her dependent in her PR CEC application. Can I get an Open work permit instead?

 

[canuck_in_uk]

I am on a closed work permit. And my wife is on post graduation work permit. I am her dependent in her PR CEC application. Can I get an Open work permit instead?

If your wife's job is of skill level 0, A or B, you can apply for an OWP based on her status. See here http://www.cic.gc.ca/english/work/arriving.asp#a4

 

[ked]

What about if we already applied for CEC PR and received AOR? My spouse is no longer on NOC A, O or B. Im I not eligible for an Open Work permit based on being yhe spouse dependent?

 

[PMM]

Hi

What about if we already applied for CEC PR and received AOR? My spouse is no longer on NOC A, O or B. Im I not eligible for an Open Work permit based on being yhe spouse dependent?

Only the Principal applicant is eligible to apply for the BOWP.

From OB 485-A

Please note the following foreign nationals do not qualify for a bridging work permit:

Foreign nationals in Canada under section 186 of the Immigration and Refugee Protection Regulations (work permit exempt) situations.
Foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status.
Foreign nationals whose work permits are valid for longer than four months and/or already have a new LMO that can be used as the basis for new work permit application
Foreign nationals applying for a bridging work permit at the port of entry.
Spouse and dependents of the principal permanent resident applicant.

 

[canuck_in_uk]

What about if we already applied for CEC PR and received AOR? My spouse is no longer on NOC A, O or B. Im I not eligible for an Open Work permit based on being yhe spouse dependent?

What do you mean when you say your wife "is no longer on NOC A, 0 or B"? She is no longer working?

 

[SenoritaBella]

Why would you resign from your job 2 months before you are to begin the new one? The new employer has not applied for a LMO for you and you have not received your work permit, so why take such risk? Anyway, you can not begin working for the new employer(even if they are not paying you) until you have a work permit in your hands. If you do and get caught, you can kiss your dreams of becoming a PR goodbye.

 

[jes_ON]

What about if we already applied for CEC PR and received AOR? My spouse is no longer on NOC A, O or B. Im I not eligible for an Open Work permit based on being yhe spouse dependent?

If your spouse is the principal applicant, s/he is eligible to apply for the Bridging open work permit (BOWP). You do not need to have an employer to be eligible for the BOWP.

You can apply at the same time for a spousal open work permit.

 

[Avi9]

Why would you resign from your job 2 months before you are to begin the new one? The new employer has not applied for a LMO for you and you have not received your work permit, so why take such risk? Anyway, you can not begin working for the new employer(even if they are not paying you) until you have a work permit in your hands. If you do and get caught, you can kiss your dreams of becoming a PR goodbye.

She is on an open work permit (Post graduation work permit), she had a full year of skilled work and applied for the CEC after 1 year. We did medicals too...
After the year, she got another job at skill level C, which is ok as long as she showed a year of skilled and applied based on CEC for PR.
I am on a closed work permit and I'm getting better offers with different companies. I haven't started any work with any different employer...
The problem is that my wife Post graduation work permit expires on July 2014 and mine in Feb 2014

 

[jes_ON]

OK, so she would not be able to apply for the BOWP until April 2014. You would be able to apply for a spouse's open work permit on the basis of your wife's PGWP. But unfortunately it would only be valid until July 2014. You would both have to apply for new permits before they expire -

 

[canuck_in_uk]

OK, so she would not be able to apply for the BOWP until April 2014. You would be able to apply for a spouse's open work permit on the basis of your wife's PGWP. But unfortunately it would only be valid until July 2014. You would both have to apply for new permits before they expire -

OP stated in his last post that his wife's current job is only of skill level C, so he cannot get a work permit based on her status.

I'm getting better offers with different companies. I haven't started any work with any different employer...
The problem is that my wife Post graduation work permit expires on July 2014 and mine in Feb 2014

Your only option for a work permit is to find another company willing to get an LMO. You do not qualify for any type of open work permit on the basis of your wife's status.