Open Work Permit for my Spouse

[janwar]

Hello Friends,

Please clarify;

I am currently working in Nova Scotia and Nominated by the province for the immigration under International Graduate Provincial Nominee stream. My job skill level is C. My wife is currently here on a visitor visa. I would like to get a work permit for my spouse as well. As per the link on cic web site --> under question "Can my spouse or common-law partner work in Canada?" my job must be listed in Skill Level 0, A or B in the National Occupational Classification in order for me to apply for a spousal open work permit.

While I was checking CANADAVISA website, I found the link regarding open work permit and It states "This skill level requirement does not apply to principal temporary foreign workers who have been nominated for permanent residence by a province (provincial nominees)."

I tried looking for this information on cic.gc.ca but I was unable to find anything. Please advise where I can confirm this information on cic website.

Thanks for your reply in advance,

 

[Rossei]

This is a very interestng question. I was an Ontario Nominee and never had an honest answer from Ontario PNP office re: OWP eligibility of my wife. Although Ontario PNP was continually saying that my wife would be eliglble for an OWP, but when I contacted CIC, they straight said NO showing the reason that my wife isn't eligible for an OWP as long as I'm on OWP (i.e. post-grad WP) myself. I did not bother much as my wife wasn't here anyway.

Now I've tried to look into both CIC and NSNP; but gathered same info as yours. Seemingly, if you are a Skill Level C; your wife isn't eligible for OWP. I've found more evidences on this in Google as well.

I would advise you to contact CIC first (call centre). If they answer you same as their website says, then you can discuss it with your NSNP office. There isn't any harm in contacting CIC.

 

[Singh07]

Hi

Even I am a AINP nominee and My wife is in India.

Can she apply for a work permit from India on the basis of that AINP certificate and does she need a job offer in canada to do that ?

I contacted cic call center and they told me that she does't need any job offer , AINP certificate is enough to apply for work permit. But these call center clerks are not to be trusted , I guess!

 

[Rossei]

Hi

Even I am a AINP nominee and My wife is in India.

Can she apply for a work permit from India on the basis of that AINP certificate and does she need a job offer in canada to do that ?

I contacted cic call center and they told me that she does't need any job offer , AINP certificate is enough to apply for work permit. But these call center clerks are not to be trusted , I guess!

You can give it a shot. But I bet that getting an OWP from outside Canada just based on AINP certificate would be lot harder than a TRV. I'm saying it because when the VO will see that you are an AINP nominee, he will inevitably think that this couple is planning to stay in Canada permanently. Not only that, her husband is not willing to support her financially as she applied to work. I guess you got my point.

But there is no harm in applying especially when it won't affect PR application.

 

[veri]

My friend was nominated by BC and her spouse was able to get an open work permit based on that, no job offer was needed. She actually got her work permit at the borders (she just crossed to the States and got it at the borders without even applying for it to Vegreville). Just confirm with someone if it is the same for Alberta but it should be since the work permit is granted by CIC, not the province right?

 

[simi24]

What country was she from? Do you need TRV?

 

[veri]

Czech Republic. Yes, we do need TRV.

 

[sunnyray90]

my wife got OWP with the fact that my job code is "A" and i have valid WP for more than six months. as per CIC spouse are eligible to get OWP if you have job with NOC A,B or C along with validity of more then 6 months.

 

[janwar]

Thanks sunnyray90 for replying to my post.

You mentioned in your post, "as per CIC spouse are eligible to get OWP if you have job with NOC A, B or C along with validity of more then 6 months."
But as per CIC website skill level required is 0, A or B.
I don't know where you received this information.

It will be helpful if you share.

Thanks again.

 

[simi24]

What country was she from? Do you need TRV?

One more question, did your friend have valid TRV at the time she went for the open work permit?

 

[veri]

Yes, she hold valid TRV at that time.

 

[sunnyray90]

it was a typo. You correct , it's O,A and B

 

[janwar]

Thanks for replying everyone.

I found the answer to my question myself on cic website;
It is in document fw01-eng.pdf on cic web site on page# 103.
Text-
"Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province will be entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant, irrespective of the skill level of the principal applicant‘s occupation. While there is reluctance on the part of CIC and HRSDC/SC to support work permits for lower-skilled workers because their skills profile would not normally qualify them for permanent immigration to Canada, concerns regarding these persons going out of status and remaining in Canada illegally are mitigated when the foreign national has been nominated for permanent residence. If a province feels a foreign national is sufficiently needed in its labour market to nominate that person, then having that job filled is clearly important, irrespective of where in the NOC that particular job is classified. Since, in the long run, the spouse or common-law partner is going to be a member of the Canadian labour market anyway, allowing them to enter the market and begin work as soon as possible will hasten the integration process"


Thanks.

 

[Rossei]

Thanks for replying everyone.

I found the answer to my question myself on cic website;
It is in document fw01-eng.pdf on cic web site on page# 103.
Text-
"Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province will be entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant, irrespective of the skill level of the principal applicant‘s occupation. While there is reluctance on the part of CIC and HRSDC/SC to support work permits for lower-skilled workers because their skills profile would not normally qualify them for permanent immigration to Canada, concerns regarding these persons going out of status and remaining in Canada illegally are mitigated when the foreign national has been nominated for permanent residence. If a province feels a foreign national is sufficiently needed in its labour market to nominate that person, then having that job filled is clearly important, irrespective of where in the NOC that particular job is classified. Since, in the long run, the spouse or common-law partner is going to be a member of the Canadian labour market anyway, allowing them to enter the market and begin work as soon as possible will hasten the integration process"


Thanks.

I'm not sure, but this is what I believed from what CIC told me:

There is a difference in scope for a PGWP and an employer-specific WP retained from Provincial Nomination. When CIC states something re: PNP program and the eligibility of a spouse for getting OWP, they refer to the employer-specific WP. That's why CIC told me that my wife wasn't eligible for an OWP since I'm on PGWP (OWP itself). Again, I believed what they said and didn't argue about it.

If this is true, then one can extend his OWP/PGWP and turn it into an employer-specific WP by showing PNP certificate and then invite his spouse for an OWP. Well, mine wasn't expiring soon and again didn't bother much.

 

[janwar]

I will be renewing my PGWP with a letter of support from the province. I was thinking of putting my wife's OWP application along with mine. Any comments if it is a good idea to do so?