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Canada dependent open work permit - main applicant currently works in US

manan3962

Newbie
Oct 21, 2013
2
0
Hi Folks,

I have a closed work permit till Jan 2015 and my wife has an open work permit till the same period. Now I am planning to move to the US on H1B visa for a new project work. Can my wife continue to stay in Canada and work when I am physically not present in Canada? Suggestions would be really appreciable.

Thanks.
 

BigBee

Hero Member
Oct 10, 2013
707
15
Pretty much yes, your wife could independently work there on her valid work permit.

Good luck.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi


BigBee said:
Pretty much yes, your wife could independently work there on her valid work permit.

Good luck.
Sorry Wrong answer. If the hold of the work permit leaves Canada, the spousal open work permit is no longer valid. Please read the following from the Foreign Worker Manual

5.38. Public policy, competitiveness and economy R205(c)(ii)
The following programs are designated as work that can be performed by a foreign national
based on the criteria listed in R205(c)(ii).
A. Spouses or common-law partners of skilled workers, C41
Spouses or common-law partners of skilled people coming to Canada as temporary foreign
workers may themselves be authorized to work without first having a confirmed job offer.
Eligibility requirements of the principal foreign worker which allow the spouse to qualify for a work
permit are as follows:
• The principal foreign worker must be doing work which is at a level that falls within National
Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s
Web page at http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml. The skill levels
can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled
tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least
six month’s duration, or, if working under the authority of R186 without a work permit, must
present evidence that they will be working for a minimum of six months.
The principal foreign worker and spouse must physically reside, or plan to physically reside,
in Canada while working.

 

BigBee

Hero Member
Oct 10, 2013
707
15
PMM said:
The principal foreign worker and spouse must physically reside, or plan to physically reside,
in Canada while working.

I beg to differ..... "Plan to Physically reside", as long as the principal applicant can prove that he will be returning back and that he holds a valid WP, the spouse is all good.

This is my interpretation, however, I MAY NOT be correct. ;D
 

manan3962

Newbie
Oct 21, 2013
2
0
PMM - I will do a project of 6 months in the US and then will do another one in Canada afterwards. I think if my WP stays active, there is no harm. your thoughts?
 

travel2Canada

Full Member
Jan 8, 2018
39
2
PMM - I will do a project of 6 months in the US and then will do another one in Canada afterwards. I think if my WP stays active, there is no harm. your thoughts?
Hi ..
I am in the same situation, What did you do ? Did you leave your wife without you being present in Canada?
I am on close work permit and my wife on open work permit. I might have to go back to country of origin due to lack of assignment.
Can my wife continue until her work visa is valid without me being in Canada?

Thanks
 

dineoctaor

Star Member
Mar 17, 2019
139
29
Hi ..
I am in the same situation, What did you do ? Did you leave your wife without you being present in Canada?
I am on close work permit and my wife on open work permit. I might have to go back to country of origin due to lack of assignment.
Can my wife continue until her work visa is valid without me being in Canada?

Thanks
I'm in a similar situation too. Any further information will help us to plan accordingly. Thanks