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I have applied for my canadian PR but my husband is on H1-B

Montyagi

Full Member
Jan 16, 2017
25
0
I am on a work permit visa in canada. I have applied for my canadian PR. My husband is on H1-B in US. I am not applying with spouse since my points are getting reduced.

Now can someone please help me how to get my husband to Canada so that he can work here?
 

ht7

Star Member
Jun 16, 2015
102
10
Category........
Job Offer........
Pre-Assessed..
I guess he has to apply independently for PR or try to find a job and get work permit. He could also apply for education in Canada, following which he can get Work permit. There are some 1 yr masters courses.
 

Montyagi

Full Member
Jan 16, 2017
25
0
Thanks for your reply. I am working in Canada on a work permit visa. My questions are:

1) Can I apply for an open work permit for my spouse?

2) What does he have to do for applying for open work permit? Apply for visitor visa first?

3) What happens to the open work permit for spouse when the primary applicant having work permit gets PR?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Montyagi said:
1) Can I apply for an open work permit for my spouse?

2) What does he have to do for applying for open work permit? Apply for visitor visa first?

3) What happens to the open work permit for spouse when the primary applicant having work permit gets PR?
1. If you hold a NOC A, B or 0 job, then your husband can apply for an Open Work Permit.

2. http://www.cic.gc.ca/english/work/apply-how.asp

3. As you have included your husband as non-accompanying, you will need to sponsor him after you become a PR.
 

Montyagi

Full Member
Jan 16, 2017
25
0
Currently I am working in Canada on work permit visa.

If my spouse starts working in Canada on an open work permit. My questions are:

1) after I get PR what will happen to his open work permit?

2) If I have to leave Canada after my work assignment gets over, can he still work in Canada on an open work permit?

Please help.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Montyagi said:
1) after I get PR what will happen to his open work permit?

2) If I have to leave Canada after my work assignment gets over, can he still work in Canada on an open work permit?
1. Nothing.

2. Yes.
 

APPNOV2014NY

VIP Member
Nov 21, 2014
3,005
1,099
canuck_in_uk said:
1. Nothing.

2. Yes.
This is tricky case. Once she lands in Canada as PR, her visa will be cancelled and her husband will "potentially" lose status in Canada as she applied her PR with "non-accompanying spouse". I hope I am wrong here. :)
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
APPNOV2014NY said:
This is tricky case. Once she lands in Canada as PR, her visa will be cancelled and her husband will "potentially" lose status in Canada as she applied her PR with "non-accompanying spouse". I hope I am wrong here. :)
Not tricky at all. A work permit is valid until it expires or it formally revoked by IRCC, regardless of how it was issued. The husband would not lose status and would be able to continue working as long as his work permit is valid.
 

scylla

VIP Member
Jun 8, 2010
92,829
20,490
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
APPNOV2014NY said:
This is tricky case. Once she lands in Canada as PR, her visa will be cancelled and her husband will "potentially" lose status in Canada as she applied her PR with "non-accompanying spouse". I hope I am wrong here. :)
No - that's not how it works at all. Her husband will not lose his status just because she landed. His visa will continue to be valid until it expires. Nothing tricky here - please don't create complications that don't exist.
 

Montyagi

Full Member
Jan 16, 2017
25
0
Thanks Guys for your replies.

Just to clarify, you are talking about the status of his open work permit before I get PR. I mean at this point of time when I am working on work permit visa and he comes to Canada on an open work permit, if I have to leave Canada, he can legally continue to stay and work here.

While applying for open work permit, he did not have to submit any document related to me. How does IRCC know that he is anyhow associated to me? You know anyone can apply for open work permit like this mentioning falsely account of spouse living /working in Canada.

I just want to make sure that leaving his job in US does not go in vain.

Please shed some light on the process.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Montyagi said:
Just to clarify, you are talking about the status of his open work permit before I get PR. I mean at this point of time when I am working on work permit visa and he comes to Canada on an open work permit, if I have to leave Canada, he can legally continue to stay and work here.

While applying for open work permit, he did not have to submit any document related to me. How does IRCC know that he is anyhow associated to me? You know anyone can apply for open work permit like this mentioning falsely account of spouse living /working in Canada.
Yes, that's what we are talking about.

He most definitely needed to submit proof that you are working in a NOC A, B or 0 job. If he didn't, he can expect the app to be refused.
 

Montyagi

Full Member
Jan 16, 2017
25
0
While filling his application they nowhere asked any proofs of mine.

When is he required to show this proof?

Please confirm.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Montyagi said:
While filling his application they nowhere asked any proofs of mine.

When is he required to show this proof?

Please confirm.
If he answered the questions properly, it should have asked for those proofs.
 

boatyyo

Star Member
Jan 11, 2017
75
15
Me and spouse are applying for Canada PR, both are on H1b in US.
Should we apply individually or as family?

We will get more points if we applied individually so wondering.