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AKH123

Full Member
Feb 19, 2023
29
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I applied for a closed LMIA GSS Work permit, and I applied SOWP for my wife. We're waiting on the decision for that.

In the meanwhile, my wife got into a DLI University. Here are my questions:

1. Would she require a Student Visa to study, assuming her application of SOWP gets approved?
2. If she applies for a student visa, can I get an SOWP on top of my closed LMIA work permit?
 
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Thank you for this guys, couldn't appreciate you more. I have 2 follow up questions:

1. Since I'll be the principal foreign national always, does this mean my wife will also be dependent on my visa status, even if she gets her own student permit? That is if my work permit expires in 2 years, she'll also have to leave the country?

2. Once my work permit expires, can I then apply for an SOWP based on her student visa status? How would the First Foreign National come into play then?

@scylla @Naturgrl
 
Thank you for this guys, couldn't appreciate you more. I have 2 follow up questions:

1. Since I'll be the principal foreign national always, does this mean my wife will also be dependent on my visa status, even if she gets her own student permit? That is if my work permit expires in 2 years, she'll also have to leave the country?

2. Once my work permit expires, can I then apply for an SOWP based on her student visa status? How would the First Foreign National come into play then?

@scylla @Naturgrl

1. No. She can apply for a PGWP after she finishes her studies.
2. No, I don't believe you'll be able to apply for a SOWP under any circumstances if you get your closed work permit first. You would either need to extend your closed work permit or qualify for a BOWP through having received ITA or a PNP nomination and submitted your complete application for PR.
 
What would you suggest my best bet be? Should I withdraw my current application for a GSS LMIA closed work permit, and submit her 5 year PhD student permit with an SOWP for me?
 
What would you suggest my best bet be? Should I withdraw my current application for a GSS LMIA closed work permit, and submit her 5 year PhD student permit with an SOWP for me?

Sorry, I don't know if that will work. You might be best off consulting with an immigration lawyer.
 
I got my PPR today. Thank you @scylla and @Naturgrl !

I just have one last question. I got my LMIA based closed work permit and my wife got her SOWP. Now we need a study permit for her. Can I get that on the port of entry or should I apply right away for it separately?
 
I got my PPR today. Thank you @scylla and @Naturgrl !

I just have one last question. I got my LMIA based closed work permit and my wife got her SOWP. Now we need a study permit for her. Can I get that on the port of entry or should I apply right away for it separately?

She needs to apply separately. She cannot apply for a study permit at the POE.
 
1) Yes, she needs a study permit.
2) No. Not possible due to the principal foreign national rule.


I just went through with the scenario I asked about above, and did manage to get a spouse open work permit.

@Naturgrl @scylla please get more knowledge on the Principal Foreign National rule. I spent the last couple of months in severe distress because of how you guys have repeatedly shot down cases like this, in multiple posts across the forum. People have gotten this verified with RCIC consultants, including myself, but you guys have always stated that the the Principal Foreign National rule apparently supersedes everything. Clearly it does not.
 
I just went through with the scenario I asked about above, and did manage to get a spouse open work permit.

@Naturgrl @scylla please get more knowledge on the Principal Foreign National rule. I spent the last couple of months in severe distress because of how you guys have repeatedly shot down cases like this, in multiple posts across the forum. People have gotten this verified with RCIC consultants, including myself, but you guys have always stated that the the Principal Foreign National rule apparently supersedes everything. Clearly it does not.

Then I guess you should have forked out some money first before coming online looking for free advice…….
The audacity. Complaining when you never had to pay for anything on here …

Lesson is don’t be cheap
 
Then I guess you should have forked out some money first before coming online looking for free advice…….
The audacity. Complaining when you never had to pay for anything on here …

Lesson is don’t be cheap

Definitely learnt that lesson when I went through the process with professional help.

Still can't understand how you can justify getting incorrect and false information, only because its free. Wow.