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

[vishwaiitr]

Hello fkl

Thank you for all your guidance and support. My wife finally has submitted her open work permit visa application at VFS office, Bangalore. She did a small mistake while submission. The Vfs person asked two copies of Bar code page of the application. My wife submitted one copy of bar code information of application that she submitted. However the other copy of bar code page, she gave the last edited application bar code (i.e. which had few minor errors) and instead of giving the same bar code page of the application, Will it be any issue? Should she contact vfs and inform this mistake?

We are worried now. Your suggestion would be highly helpful

Regards,
Vishwa

 

[fkl]

Hi Vishwa,

You are most welcome. I suspect it could be a problem - though obviously i am not sure, it depends upon why they needed the second copy.

When you apply on paper, CIC would scan all your docs and upload into an electronic file in CIC system. That's where the bar code matters. If he is keeping the second copy for local records it might be just fine.

But if they are relating the two in some way, that might create a problem.

If i were in this situation, i would reach out to them to try fixing this. They would probably have some way to validate the two.

 

[vishwaiitr]

Hello fkl

Thank you for your advice. I will tell my wife to go to VFS office and sort out this issue. As you mentioned, if it is just to keep his record, that would be fine. Anyhow let her ask for more clarity to VFS people

Regards,
Kasiviswanathan

 

[vishwaiitr]

Hello Fkl

My wife went to inquire about the mistake in barcode at VFS. They have informed her not to worry about this issue, since they have scanned the correct version of bar code. The second copy is just to support the file which the VO will use in case the actual barcode is not scanned properly.

Thank you for your suggestion and you rock always....

Regards,
VIshwa

 

[shahnaf]

Hi flk.
I am a temp worker (PGWP-2.5 years left to expire) current working in skill level A in Canada(not quebec). I got married last month and want my wife(Pakistan) to join me here in Canada. I am trying to figure out how to do so. uptill now i have found 2 ways to do so
a) apply for visitor visa and if she gets the trv then apply for OWP from inside Canada.
b)apply for her open work permit from outside canada

can anyone help me in with an opinion of which way would be the best way to apply.in terms of
-rejection possibility
-timeframe
your response would be appreciated =)

 

[fkl]

Hi flk.
I am a temp worker (PGWP-2.5 years left to expire) current working in skill level A in Canada(not quebec). I got married last month and want my wife(Pakistan) to join me here in Canada. I am trying to figure out how to do so. uptill now i have found 2 ways to do so
a) apply for visitor visa and if she gets the trv then apply for OWP from inside Canada.
b)apply for her open work permit from outside canada

can anyone help me in with an opinion of which way would be the best way to apply.in terms of
-rejection possibility
-timeframe
your response would be appreciated =)

Hi,

Even if you want to apply for trv, make it very clear that your intent is resident trv, which means she would undergo medicals and the processing time is the same as that of work permit. Moreover, on resident trv - she would be covered by public health care system.

So when you have to do all that, it is far better to apply for SOWP instead.

The most important point to understand is that your spouse will be living with you for as long as you are here.

Any attempts on "visitor visa for short trip without medicals and faster processing" will surely result in a refusal.

 

[subtain]

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?

Hi fkl,

Apologies for the late response. To demystify my previous statements. CSQ process also involves getting an AOR. So my program is entirely Quebec based.
My situation has changed a bit. Please allow me to explicate.

1. I have received my CSQ. I could not add my wife to CSQ since I planned to get married and add my wife while its being processed. My lawyers told me that I will get my CSQ in minimum 10 months, and I planned to get married in 3rd or 4th month in my process.

Ironically, Immigration Quebec issued me CSQ within 1 month, and now when I got married, they told me if I add my wife now to CSQ, they will have to cancel my CSQ and then start my application from scratch, and there is no time limit since they do not have a definitive process for this type of cases. It could take 1-2 years they said. Therefore I decided to add my wife as a non-accompanying dependent and now plan to sponsor her when I get my PR.

Like you advised, now I will try to get her an open work permit so she can visit me in Summers.

Do you believe these new turn of events effect my decision to apply for her open work permit?

Thanks

 

[fkl]

Hi fkl,

Apologies for the late response. To demystify my previous statements. CSQ process also involves getting an AOR. So my program is entirely Quebec based.
My situation has changed a bit. Please allow me to explicate.

1. I have received my CSQ. I could not add my wife to CSQ since I planned to get married and add my wife while its being processed. My lawyers told me that I will get my CSQ in minimum 10 months, and I planned to get married in 3rd or 4th month in my process.

Ironically, Immigration Quebec issued me CSQ within 1 month, and now when I got married, they told me if I add my wife now to CSQ, they will have to cancel my CSQ and then start my application from scratch, and there is no time limit since they do not have a definitive process for this type of cases. It could take 1-2 years they said. Therefore I decided to add my wife as a non-accompanying dependent and now plan to sponsor her when I get my PR.

Like you advised, now I will try to get her an open work permit so she can visit me in Summers.

Do you believe these new turn of events effect my decision to apply for her open work permit?

Thanks

Hi Subtain,

Yes, things would get a bit complex now.

A) Spouse of a PGWP holder with a NOC A job is eligible for SOWP. You can apply on this ground. However, it could be considered negative if she is not on your PR application as accompanying dependent. So you need to write a pretty good explanation WHY she is not included as a dependent in your PR application, while you are applying for her SOWP.

B) A PR applicant who applied from outside of Canada is NOT ELIGIBLE for open work permit. If this was the case, every body who has submitted a PR app, would try to get here with a work permit sooner. Only if you were an inland applicant, meaning you were already here on say work permit and applied PR from Canada, then you are eligible for open work permit. Since your spouse will apply separately for PR - at least this ground DOES NOT make her eligible for PR OWP.

So use point A as your grounds for her open work permit application. Also clearly write details of your CSQ scenario with evidence explaining why you didn't apply for her along.

 

[subtain]

Hi Subtain,

Yes, things would get a bit complex now.

A) Spouse of a PGWP holder with a NOC A job is eligible for SOWP. You can apply on this ground. However, it could be considered negative if she is not on your PR application as accompanying dependent. So you need to write a pretty good explanation WHY she is not included as a dependent in your PR application, while you are applying for her SOWP.

B) A PR applicant who applied from outside of Canada is NOT ELIGIBLE for open work permit. If this was the case, every body who has submitted a PR app, would try to get here with a work permit sooner. Only if you were an inland applicant, meaning you were already here on say work permit and applied PR from Canada, then you are eligible for open work permit. Since you spouse will apply separately for PR - at least this ground DOES NOT make her eligible for PR.

So use point A as your grounds for her open work permit application. Also clearly write details of your CSQ scenario with evidence explaining why you didn't apply for her along.

Hi Fkl,

Your feedback is as usual very comprehensive and logical. You have my gratitude.

Regarding, evidence for non-accompanying spouse, in my PR application when they asked me to explain, I attached my wife's

university Transcript and letter stating her graduate date (April 2016). I would have to use the same explanation primarily for

the purpose of keeping things coherent since I do not want cic to have two applications having 2 different reasons.

However providing this reason presents its own problems:

1. Coming out strong using her education might indicate a dual intent of wanting to work in Canada, while being a student back at

home 8 out of 12 months. Unless I explicitly state that she will work only this Summer, then will go back to finish her 2

semesters and then will come back to work.
(I have not even considered the inevitable implications of this explanation on showing her ties to Pakistan, since there is

nothing to stop her after she graduates) But I guess since we are in the process of PR, our intentions of moving to Canada

eventually are quiet obvious.

Won't you agree, in light of recent events, a TRV for Summer Visit seems to be the best option and I can use her education as

strong ties to Pakistan. I can re-enforce this by stating she was not even added to PR application since she had to finish her

Degree in Pakistan first (Same reason I gave in my PR application). And this all resonates with my true intentions. Which is to

be together this Summer. The only reason this option seems less favorable to me is its high rejection rate (empirically deduced

by reading threads). Also when her TRV ends in 6 months, I won't have the luxury of using her education as her ties to the

country since she would be at the brink of graduating soon.

I feel like I am playing chess where all my moves have a bad ending

 

[vishwaiitr]

Hello Fkl

It is been 3 weeks passed, I applied OWP VISA for my wife. If longer the time they take, does it mean the visa is approved? In my case, I got medical request in 5 working days. So I am worried about the status which still shows the application is in processing.

Any advice on this would be helpful.

Thanks
Kasiviswanathan

 

[SD_India]

Hi FKL,

I was going thru ur post on SWOP \ TRV, am really impressed with your knowledge on this subject. I need your advice on below case.

My wife received TRV- W1- Worker ( ICT transfer ), she is flying in November end, so work permit will be receiving on arrival at POE. Earlier i was not going to accompany her, but now we decided to travel together.

I need to know what are my options and possibilities.

1. Am planning to work there, so can i apply for spouse open work permit on basis of my wife's trv worker visa & authorisation letter only without her work permit ? are there any chances of refusal or rejection ? If we filled together for her trv worker & my sowp i know it would have gone thru but what are my options now ?

2. Is it advisable to get trv dependent visitor now & later apply for SWOP change in status and worker visa once am in Canada ? How long it will take for such changes to happen ? any rejection possibility ?

Awaiting for your valuable inputs. Thanks a ton.

Regards
SD

 

[fkl]

Hi FKL,

I was going thru ur post on SWOP \ TRV, am really impressed with your knowledge on this subject. I need your advice on below case.

My wife received TRV- W1- Worker ( ICT transfer ), she is flying in November end, so work permit will be receiving on arrival at POE. Earlier i was not going to accompany her, but now we decided to travel together.

I need to know what are my options and possibilities.

1. Am planning to work there, so can i apply for spouse open work permit on basis of my wife's trv worker visa & authorisation letter only without her work permit ? are there any chances of refusal or rejection ? If we filled together for her trv worker & my sowp i know it would have gone thru but what are my options now ?

2. Is it advisable to get trv dependent visitor now & later apply for SWOP change in status and worker visa once am in Canada ? How long it will take for such changes to happen ? any rejection possibility ?

Awaiting for your valuable inputs. Thanks a ton.

Regards
SD

Assuming your spouse received approval for work permit for a NOC 0, A or B job (if it is PGWP then she first needs a skilled job offer for you to become eligible for SOWP), there is no restriction as such about when you can apply.

But since you didn't apply together and now she hasn't landed yet, i would be hesitant to apply for SOWP and yes there is a good chance of refusal in this case. Reason being, if you intended to come along, why didn't you apply together? Likely because when applying alone, its easier to show ties because your spouse is still in home country.

I am not saying you thought so, but CIC considers it that way and rightly so.

You can still apply now, but only if you have convincing reasons (that you put in your application and explain with evidence) that why you didn't apply earlier and are applying now.
Also you need to have a strong profile in home country, education + work experience to convince a visa officer that you won't overstay illegally in Canada. Of course you also need one year funds for your stay in Canada which is in addition to what your spouse submitted for her fee + cost of living.

It is still possible that you apply now and even if your WP gets approved, it happens after your spouse comes over.

On the second note, no you shouldn't apply for TRV. I have described many times (see my prior posts if you need details) that TRV is of two types. One is regular visitor visa which you are mentioning here that has short processing time. You are not eligible for that, since that is for max six months stay and is for some one who is a genuine visitor.

You being spouse of a worker, likely intend to live with your spouse for as long as she is there. So even if you apply for TRV, it is the TRV with visitor record, that requires medicals and has the same processing time as work permit and allows you to stay with your spouse for as long as she is there. So this second option is not faster than SOWP.

My advice, don't even think about visitor TRV. Apply for SOWP either right now or a bit latter when she is already there and working

 

[SD_India]

Thanks a ton FKL !!

Assuming your spouse received approval for work permit for a NOC 0, A or B job (if it is PGWP then she first needs a skilled job offer for you to become eligible for SOWP), there is no restriction as such about when you can apply.

But since you didn't apply together and now she hasn't landed yet, i would be hesitant to apply for SOWP and yes there is a good chance of refusal in this case. Reason being, if you intended to come along, why didn't you apply together? Likely because when applying alone, its easier to show ties because your spouse is still in home country.

I am not saying you thought so, but CIC considers it that way and rightly so.

You can still apply now, but only if you have convincing reasons (that you put in your application and explain with evidence) that why you didn't apply earlier and are applying now.
Also you need to have a strong profile in home country, education + work experience to convince a visa officer that you won't overstay illegally in Canada. Of course you also need one year funds for your stay in Canada which is in addition to what your spouse submitted for her fee + cost of living.

It is still possible that you apply now and even if your WP gets approved, it happens after your spouse comes over.

On the second note, no you shouldn't apply for TRV. I have described many times (see my prior posts if you need details) that TRV is of two types. One is regular visitor visa which you are mentioning here that has short processing time. You are not eligible for that, since that is for max six months stay and is for some one who is a genuine visitor.

You being spouse of a worker, likely intend to live with your spouse for as long as she is there. So even if you apply for TRV, it is the TRV with visitor record, that requires medicals and has the same processing time as work permit and allows you to stay with your spouse for as long as she is there. So this second option is not faster than SOWP.

My advice, don't even think about visitor TRV. Apply for SOWP either right now or a bit latter when she is already there and working

 

[Asma12]

Assuming your spouse received approval for work permit for a NOC 0, A or B job (if it is PGWP then she first needs a skilled job offer for you to become eligible for SOWP), there is no restriction as such about when you can apply.

But since you didn't apply together and now she hasn't landed yet, i would be hesitant to apply for SOWP and yes there is a good chance of refusal in this case. Reason being, if you intended to come along, why didn't you apply together? Likely because when applying alone, its easier to show ties because your spouse is still in home country.

I am not saying you thought so, but CIC considers it that way and rightly so.

You can still apply now, but only if you have convincing reasons (that you put in your application and explain with evidence) that why you didn't apply earlier and are applying now.
Also you need to have a strong profile in home country, education + work experience to convince a visa officer that you won't overstay illegally in Canada. Of course you also need one year funds for your stay in Canada which is in addition to what your spouse submitted for her fee + cost of living.

It is still possible that you apply now and even if your WP gets approved, it happens after your spouse comes over.

On the second note, no you shouldn't apply for TRV. I have described many times (see my prior posts if you need details) that TRV is of two types. One is regular visitor visa which you are mentioning here that has short processing time. You are not eligible for that, since that is for max six months stay and is for some one who is a genuine visitor.

You being spouse of a worker, likely intend to live with your spouse for as long as she is there. So even if you apply for TRV, it is the TRV with visitor record, that requires medicals and has the same processing time as work permit and allows you to stay with your spouse for as long as she is there. So this second option is not faster than SOWP.

My advice, don't even think about visitor TRV. Apply for SOWP either right now or a bit latter when she is already there and working

Dear FLK,
please can you help me also. i have previous 2 SOWP rejections when my husband was student as we did not show money in my account & 1 trv rejection (3month) at this time husband was working as Process Engineer in NOC A category. I think it got rejected because of money as i only showed $5000 in my account and 13000$ in husband account.
Now what should i go for SOWP again? as my consultant is telling me he will apply for TRV more than 6 months and it is called SOWP. Is it true?
further i also got admission in Graduate Diploma program in Waterloo University starting this Jan'17. So should i go with it? As i have already done masters in engineering and Graduate Diploma is part time. What you suggest?
Please i need help

 

[fkl]

Dear FLK,
please can you help me also. i have previous 2 SOWP rejections when my husband was student as we did not show money in my account & 1 trv rejection (3month) at this time husband was working as Process Engineer in NOC A category. I think it got rejected because of money as i only showed $5000 in my account and 13000$ in husband account.
Now what should i go for SOWP again? as my consultant is telling me he will apply for TRV more than 6 months and it is called SOWP. Is it true?
further i also got admission in Graduate Diploma program in Waterloo University starting this Jan'17. So should i go with it? As i have already done masters in engineering and Graduate Diploma is part time. What you suggest?
Please i need help

You should have ordered gcms notes to see the details of prior SOWP refusal reasons.

Yes SOWP is for longer than six months.

By referring to graduate diploma if you are suggesting applying for study permit based upon that, then that is up to you. But obviously you cannot apply for both study permit AND work permit at the same time.

Besides i am not sure if a part time program is considered valid for allowing visa for an international student.

Academically / professionally its always good to have a Canadian certification if you intend to work here. Often that is a requirement in many fields. But then again, your primary issue right now is getting visa to come to Canada. For that you have to apply for one of those. As far as it seems, your husband's current job in NOC A seems stronger grounds of SOWP compared to a stand alone student visa.