My partner apply for Open Work Permit while holding Study Permit

[richiekorchevsky]

Hi everyone,

I will try to explain my current status as clear as possible:

I and my common-law partner went to Ontario in August 2017 with Study permit and Co-op Work permit for both. We have been living together since then and believe we have strong evidence to prove conjugal relationship (may be I will ask in another thread).
Both of us still have 1.5 year to complete the program. Our permits will expires in March 2021.

However, due to financial issue, my partner decided to apply for an Open work permit as accompanying with me as a full-time student. We have consulted with our International Office in my college, they said that the application may be refused by IRCC.

The questions I would like to ask are:
- Was any one in similar situation and got approval from IRCC?
- In case of refusal, will it affect my post graduation work permit application? Since the international office also said my partner post graduation work permit has a high chance of refusal (We expected that also)
- He wants to continue to study in future after I graduate, however, I'm afraid his future study permit may be refused. Will it be a high possibility?
- Assume that I will have a job in NOC 0AB and 3 payslips before getting the post graduation work permit, can we extend his open work permit at that time?

Thanks for all of your help.

 

[richiekorchevsky]

can anyone help me?

 

[selvakk]

can anyone help me?

1) Many people's partners are in their home country, but I have not heard of a case where partner and primary applicant are both in Canada, and partner wan't to apply for SWOP.
2) As long as you continue studying full time while the application is going through, then there will be no issues with PGWP. If he withdraws from the college then the current study permit will be cancelled, and he will not have status in Canada.
3) The purpose of study permit is to study, if your partner is bouncing between study permit and SWOP, then the visa officer might have doubts if he is a genuine student.
4) If you are a skilled worker (having a PGWP or a work permit) you can get a SWOP for you partner if you meet the requirements (job in NOC 0AB and 3 payslips).

 

[richiekorchevsky]

1) Many people's partners are in their home country, but I have not heard of a case where partner and primary applicant are both in Canada, and partner wan't to apply for SWOP.
2) As long as you continue studying full time while the application is going through, then there will be no issues with PGWP. If he withdraws from the college then the current study permit will be cancelled, and he will not have status in Canada.
3) The purpose of study permit is to study, if your partner is bouncing between study permit and SWOP, then the visa officer might have doubts if he is a genuine student.
4) If you are a skilled worker (having a PGWP or a work permit) you can get a SWOP for you partner if you meet the requirements (job in NOC 0AB and 3 payslips).

Thank you @selvakk , and yeah I know it's quite weird and may raise a concern for visa officer. I'm afraid so.
- For the number 2), of course he will not withdraw from college until any decision made by IRCC. I'm just worried about MY PGWP if HIS SWOP is refused because it's also related to me.
- For the number 4), I just wonder how IRCC count the 3 payslips, should it be before and/or after PGWP issued? I would like to know this because I'm having a part time job and probably become full-time after graduating. Hence, until graduation, I will have more than 3 payslips under my study permit and my co-op work permit.

 

[selvakk]

Thank you @selvakk , and yeah I know it's quite weird and may raise a concern for visa officer. I'm afraid so.
- For the number 2), of course he will not withdraw from college until any decision made by IRCC. I'm just worried about MY PGWP if HIS SWOP is refused because it's also related to me.
- For the number 4), I just wonder how IRCC count the 3 payslips, should it be before and/or after PGWP issued? I would like to know this because I'm having a part time job and probably become full-time after graduating. Hence, until graduation, I will have more than 3 payslips under my study permit and my co-op work permit.

Your PGWP has nothing to do with is SWOP. You need to have a job with 3 payslips, I am assuming they mean a full time job, so that would naturally be after PGWP.

 

[richiekorchevsky]

Your PGWP has nothing to do with is SWOP. You need to have a job with 3 payslips, I am assuming they mean a full time job, so that would naturally be after PGWP.

Appreciate your help. My case is a bit weird. I'm not sure if my partner should give it a try, the International Office said that if it's refused, he's still able to continue studying. But as you said, the visa officer may consider whether this is a genuine student and revoke the study permit too

 

[selvakk]

Appreciate your help. My case is a bit weird. I'm not sure if my partner should give it a try, the International Office said that if it's refused, he's still able to continue studying. But as you said, the visa officer may consider whether this is a genuine student and revoke the study permit too

If you are purely trying to save money, then I don't recommend you try it. Many people have used SWOP to game the immigration system. Since you are not even married it will be very difficult to convince them your case is genuine.

People get a fake marriage (paper marriage) to a person who has a study permit. They pay the tuition fees of the person who is studying, provided that they marry their child and get a SWOP for them. After the person gets the SWOP and gets their PR after working 1 year +, they divorce. The person with the study permit gets tuition for "free" , and the other person is now a PR in Canada.

Unless there is some serious benefit that you will get, I would highly avoid doing so.

 

[H_arman22]

If you are purely trying to save money, then I don't recommend you try it. Many people have used SWOP to game the immigration system..."

People get a fake marriage (paper marriage) to a person who has a study permit. They pay the tuition fees of the person who is studying, provided that they marry their child and get a SWOP for them. After the person gets the SWOP and gets their PR after working 1 year +, they divorce. The person with the study permit gets tuition for "free" , and the other person is now a PR in Canada.

Unless there is some serious benefit that you will get, I would highly avoid doing so.

Selvakk is 100% correct.listen to him.immigration knows this game.lol.there are many consultants and people sayings its a right for couples.its not.
I heard after the refusal.it can raise a red flag with immigration that the real reason was to come to canada to work not study..so they start to monitor the student more to make sure they are attending classes and not working fulltime.

 

[richiekorchevsky]

@H_arman22 @selvakk Thank you for all your great advices!!