Dilemma ..Spouse Open Work Permit Or TRV ..Please suggest

[subtain]

Don't know - Spousal qualification of any level is not a requirement for some body who has a skilled job. Assuming you submit enough proof of your job being NOC 0, A or B (it is tricky since your permit does not prove it - so you need a detailed letter from employer showing your full job responsibilities closely matching the NOC you claim to hold), you should not have a problem. But i think if a visa officer raises objection, one would never know.

More importantly, would you be willing to leave her almost finishing degree? I guess a visa officer CAN wonder about the same though.

Thank you for your reply. My job lies under NOC A and has been validated by the government. Have documents to prove that. I want her to come spend the summer with me, then go back finish her last semester. Would it be better to just apply for a visitors visa? Though I know the chances of getting a vistors visa are slimmer than a work permit. Its indeed tricky in my case. I have no clue how to proceed

 

[fkl]

@subtain,

You are most welcome. Let's just say i have seen a good number of applications, mindsets and CIC responses.

At times, there are genuinely weird outcomes, but in 90% cases, VO manner of executions go by book and are not really unpredictable.

So i won't say getting a SOWP has higher chances compared to trv. I think if you stick to a genuine situation and provide reasonable proof, you might very well get it.

Since she does not want to go there to work (or live with you for as long as you are there with the possible right to work), if i were in your situation, i would apply for a trv, explaining my situation in a brief cover letter. Her educational docs - showing the status of her current degree would help and might serve as a strong tie.

On the other hand considering your PR application was submitted in land (i assume this is the case), you basically have a right to get OWP irrespective of your job (skilled job) restriction does not apply after AOR of inland application, as far as i remember.

Bottom line, i don't think any of these has higher or lesser probability given your circumstances. But do attach your AOR with application.

And yes for a Person on a work permit with PR in process, a shorter visit's intent doesn't look very promising. You can very well apply for SOWP and say if questioned or opposed that the intent was to still come back to finish program.

 

[subtain]

@ subtain,

You are most welcome. Let's just say i have seen a good number of applications, mindsets and CIC responses.

At times, there are genuinely weird outcomes, but in 90% cases, VO manner of executions go by book and are not really unpredictable.

So i won't say getting a SOWP has higher chances compared to trv. I think if you stick to a genuine situation and provide reasonable proof, you might very well get it.

Since she does not want to go there to work (or live with you for as long as you are there with the possible right to work), if i were in your situation, i would apply for a trv, explaining my situation in a brief cover letter. Her educational docs - showing the status of her current degree would help and might serve as a strong tie.

On the other hand considering your PR application was submitted in land (i assume this is the case), you basically have a right to get OWP irrespective of your job (skilled job) restriction does not apply after AOR of inland application, as far as i remember.

Bottom line, i don't think any of these has higher or lesser probability given your circumstances. But do attach your AOR with application.

And yes for a Person on a work permit with PR in process, a shorter visit's intent doesn't look very promising. You can very well apply for SOWP and say if questioned or opposed that the intent was to still come back to finish program.

Thank you very much for this. Your reply is really valuable and appreciated. I will go for the SOWP, considering by that time, I will have our CSQs with us as well and we can attach that too.

Thanks again God bless

 

[fkl]

You are most welcome Subtain and i hope you are able to get through with all this.

I am slightly confused by the scenario you described (i over looked your mentioning of Montreal earlier).

mentioning AOR means you applied via CEC, which although accepts Quebec experience, but asks you to "show (prove) intent of living outside of Quebec"

But then you have referred to CSQ, which would be specific to Qubec based immigration programs. What did i miss?

 

[vishwaiitr]

Hello Friends,

I am going to Canada as a postdoctoral scholar. When I applied VISA, my 4 month kid did not have passport. So I applied alone for the visa and I got the temporary work permit visa. Meanwhile our kid also got the passport and I would like to bring my wife and kid along with me when I go there on January 2015. While applying TRV for my wife, how to prove the ties to the country. My wife worked in a software company 2 years ago and after marriage she did not go for work. She does not have any properties or sufficient bank balance. In such case what are all other documents do I need to submit for the successful VISA issue. What would be the period of stay to be mentioned?
1. the period of my work permit (up to Jan 2017) or not more than six month to 1 year.

Thank you in advance

Vishwa

 

[fkl]

Hello Friends,

I am going to Canada as a postdoctoral scholar. When I applied VISA, my 4 month kid did not have passport. So I applied alone for the visa and I got the temporary work permit visa. Meanwhile our kid also got the passport and I would like to bring my wife and kid along with me when I go there on January 2015. While applying TRV for my wife, how to prove the ties to the country. My wife worked in a software company 2 years ago and after marriage she did not go for work. She does not have any properties or sufficient bank balance. In such case what are all other documents do I need to submit for the successful VISA issue. What would be the period of stay to be mentioned?
1. the period of my work permit (up to Jan 2017) or not more than six month to 1 year.

Thank you in advance

Vishwa

Submit her experience letters and pay stubs from whenever she last worked along with her qualifications. Those still show her profile and capability and would contribute to good ties. Even if you apply for trv, mention period as long as you are there. They want to live with you, not visit you shortly right? It is absurd to try portraying the latter.

I would recommend applying for SOWP for her.

 

[vishwaiitr]

Dear fkl
Thank you so much for your suggestion. I have one more doubt. In that case if I file for SOWP, the IELTS score is required?

 

[fkl]

I don't know about latest requirements from CIC.

But at least until a year ago, it was not part of formal requirements.

In my home country, i had heard of people being asked for IELTS by the embassy for work permits. But they were cases where CIC might be worried whether they were okay in English to get along in Canada.

Personally i was never asked for (being an IT professional with almost a decade's experience working with MNCs from US and others) IELTS, nor was any of my colleagues or friends asked for it. So it would depend

 

[dollygirl]

Hi everyone. I'd really like your opinions on this.

My husband applied for an OWP when I applied for SP earlier this year. I was approved, but he was rejected. According to the GCMS notes, the VO was "satisfied that applicant meets requirements for TRV, however not prepared to issue WP because if spouse's intention is that of temporary resident, it's not reasonable for applicant to resign from full time employment and leave 2 young children behind".

What would be the best way to proceed - apply for OWP again with TRVs for our kids or apply for TRVs for my spouse and kids. I've completed one semester and would really like if my family could join me for the remainder of my 2 year program.

Please share your thoughts. Thanks!

 

[fkl]

@dollygirl, i would be surprised that you applied for SOWP without any thing for kids. At least i haven't heard of this situation before and VO opinion makes a lot of sense.

So yes if you reapply, you should apply for SOWP and trvs for kids. If they are older and school going, you should instead apply for open study permit for them too.

To be eligible obviously you need to show more proof of funds since none of you has a confirmed job in Canada and funds requirement grows with number of dependents going along.

You could argue that you are more settled now in Canada so its easier to integrate kids there.

 

[dollygirl]

Thanks fkl! So, do you think it would be unwise to apply for TRVs for all three? My husband is concerned that they mentioned him resigning full time employment, as he thinks they might still have an issue with that. Any thoughts on that?

 

[vishwaiitr]

Hello fkl,

I am now in the process of applying SWOP for my wife. Do we need to mention the NOC number in the application based on the intended job at Canada based on her previous experience.

Thanks in advance for your reply

Vishwa

 

[fkl]

Hello fkl,

I am now in the process of applying SWOP for my wife. Do we need to mention the NOC number in the application based on the intended job at Canada based on her previous experience.

Thanks in advance for your reply

Vishwa

Hi vishwaiitr,

No - don't do that. You are applying for Open work permit which means she can work for any one or in any profession. Adding NOC might cause them to confuse it with LMIA based permit and result in refusal.

You have to be very clear that this is SOWP based upon your permit as principal applicant

 

[vishwaiitr]

Dear fkl

Thank you so much for your quick response. However can we mention the tentative job title as it is mandatory to validate the application form ?

Vishwa

 

[fkl]

Dear fkl

Thank you so much for your quick response. However can we mention the tentative job title as it is mandatory to validate the application form ?

Vishwa

you should write "not applicable" in all such fields to validate.