Can a pr holder apply for SOWP for spouse
- Thread starter gihank
- Start date
SOWP is not available to PR holders.
The only way to get an OWP for your spouse is for both of you to be physically in Canada and for you to submit an inland spousal sponsorship application with an OWP included.
You are a permanent resident of canada. It's NOT a visa. So "PR holders" is not really a correct description.
As a PR, if you live in Canada, you can apply to sponsor your spouse to become a PR too.
If your spouse can come to Canada (TRV or visa exempt country), then you can apply via "inland" and include OWP with the PR sponsorship application.
That currently is taking 6 months or more for the OWP to get approved.
If your spouse cannot travel to Canada, you then can apply via "outland" and there is no work permit option. Your spouse will need to wait to get a TRV or for the PR application to complete before he/she can travel to and work in Canada.
As a PR, if you live in Canada, you can apply to sponsor your spouse to become a PR too.
If your spouse can come to Canada (TRV or visa exempt country), then you can apply via "inland" and include OWP with the PR sponsorship application.
That currently is taking 6 months or more for the OWP to get approved.
If your spouse cannot travel to Canada, you then can apply via "outland" and there is no work permit option. Your spouse will need to wait to get a TRV or for the PR application to complete before he/she can travel to and work in Canada.
Only if both you and your spouse are physically in Canada and you have applied to sponsor your spouse through the inland application route.
Not possible if your spouse is outside of Canada or if you have applied to sponsor your spouse outland.
No - it can't. The open work permit application is going to be refused.
An open work permit is only available if you are applying through the inland spousal sponsorship process while you are both inside Canada.
You clearly don't trust your lawyer if you are here asking questions. Fire them already. You've gotten more accurate advice here to free
.
FYI
https://www.cic.gc.ca/english/work/apply-who-permit-result.asp
You're a family member who has been included on an application for permanent residence
You may be eligible for an open work permit if you’ve been included on an application for permanent residence that has been found complete or has received a positive eligibility assessment. Your application must be under one of the following:
This doesn't apply to you. You are not including your spouse in your PR application, as you are already PR. What you can do now is apply for family sponsorship for your spouse. If she's already inland, then yes she may be eligible for OWP and that can be included in the sponsorship application, if outland, she is not.
Once again, it only applies for family class / spousal sponsorship if you submit an inland application. Outland applications do not qualify for OWPs. If your consultant / agent told you otherwise, then unfortunately your consultant / agent is incompetent and you should request a refund of any fees you paid this agent.
Since you applied outland, the OWP is going to be refused.
It doesn't matter what you post here. This answer is not going to change.
There is a legal loophole, i have known many people apply for work permit while outland spousal visa is in process and got work permit before the spouse visa and its a gray area not everyone knows.
Unless you are a legal attorney, the common consensus is that you cant apply for work permit along with outland spousal visa.
Guess we will have to wait and i will update you guys here.
Unless you are a legal attorney, the common consensus is that you cant apply for work permit along with outland spousal visa.
Guess we will have to wait and i will update you guys here.
Similar threads
