Open Work Permit based on Student Visa or PGWP, how hard is it to get?

[pir4cy]

Hi guys,
I'm just wondering if I can get an open work permit based on my common-law's study permit and eventual pgwp.
I will eventually get my pgwp sometime later this year, but the duration will only be for a year, so I'm thinking to try for an open work permit if I do not get an ITA by the time my PGWP expires.

Just how hard is it to get? and is it a viable option?

 

[scylla]

Hi guys,
I'm just wondering if I can get an open work permit based on my common-law's study permit and eventual pgwp.
I will eventually get my pgwp sometime later this year, but the duration will only be for a year, so I'm thinking to try for an open work permit if I do not get an ITA by the time my PGWP expires.

Just how hard is it to get? and is it a viable option?

IRCC recently introduced new regulations around this. You should assume this won't be possible and that this will not be a viable option.

Assuming you were the first one to get a study permit, you will be classified as the principal foreign national and this means you will not qualify to get a SOWP based on your partner's study permit or PGWP.

 

[pir4cy]

IRCC recently introduced new regulations around this. You should assume this won't be possible and that this will not be a viable option.

Assuming you were the first one to get a study permit, you will be classified as the principal foreign national and this means you will not qualify to get a SOWP based on your partner's study permit or PGWP.

well we both came here on student visas together, she's just gonna have a pgwp for 3 years and I'll only have a year's worth. We weren't living together before moving here thus, we didn't qualify for "common-law", since it requires both of you to be living together for at least an year.

can you tell me what the new regulations for the open work permit are? I know they're trying to eliminate the fake open work permit applicants (scams and such)

 

[scylla]

well we both came here on student visas together, she's just gonna have a pgwp for 3 years and I'll only have a year's worth. We weren't living together before moving here thus, we didn't qualify for "common-law", since it requires both of you to be living together for at least an year.

can you tell me what the new regulations for the open work permit are? I know they're trying to eliminate the fake open work permit applicants (scams and such)

The new rule has nothing to do with fake open work permit applications or scams.

Here's the regulation:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

It's hard to say how this rule will be assessed against your situation. However my recommendation is not to assume that you will be able to get the open work permit. It may be possible or it may not.

 

[pir4cy]

The new rule has nothing to do with fake open work permit applications or scams.

Here's the regulation:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

It's hard to say how this rule will be assessed against your situation. However my recommendation is not to assume that you will be able to get the open work permit. It may be possible or it may not.

Alright, there's a chance, that's good enough for me ig