OPEN Work Permit for Spouse ( PR dependent) before applying for dependent PR

[ron_enfield]

I am a PR but i cam currently outside Canada, living in Bangalore India.
I got my PR in Feb 2015 and I made one visit to Canada in July 2015.
And returned to India for marriage plans.

I got married in Sep 2015. And I have been living in Bangalore, India since then.

1) My query is whether I can apply for an OPEN Work Permit for my wife so that she can accompany me to Canada when I travel
and then apply for a dependent PR inland? ( Because the PR processing takes more than 15 months and we dont want to live apart that long)

As I read this on CIC: Its states for dependents:

You may be eligible to apply for an open work permit if you are in one of the following situations:
....

--> you are applying or have already applied for permanent residence under the Spouse or Common-law Partner in Canada class
Or
--> Your spouse or common-law partner is
a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B, or



In my case I am a PR (accessed under Federal Skilled Worker Class and my NOC is 2173 which is Skill Type A)

And therefore my question::

Can I apply for a OPEN work permit for my wife when I am not in Canada currently ?
Do I need to be in Canada and have a job to apply for the open work permit(not regular WP) for my wife?


Anyone in this forum who got a work permit first and then applied for PR dependent visa. Any suggestions.

Thanks and Regards,

 

[scylla]

No - you cannot apply for a work permit now. The dependent rule is for foreign workers who have a work permit in Canada. You are a PR and don't qualify.

The only way you can apply for an open work permit is if you return to Canada first and submit an inland application to sponsor your wife - then you can include an open work permit with the inland application. Additionally, to apply inland, your wife must also be in Canada. This means she first needs to apply for a TRV, the TRV has to be approved and she must travel with you to Canada.

 

[saravsingh1]

No - you cannot apply for a work permit now. The dependent rule is for foreign workers who have a work permit in Canada. You are a PR and don't qualify.

The only way you can apply for an open work permit is if you return to Canada first and submit an inland application to sponsor your wife - then you can include an open work permit with the inland application. Additionally, to apply inland, your wife must also be in Canada. This means she first needs to apply for a TRV, the TRV has to be approved and she must travel with you to Canada.

TRV means?

 

[scylla]

TRV means?

Temporary Resident Visa = tourist visa

 

[SecularFirst]

No - you cannot apply for a work permit now. The dependent rule is for foreign workers who have a work permit in Canada. You are a PR and don't qualify.

The only way you can apply for an open work permit is if you return to Canada first and submit an inland application to sponsor your wife - then you can include an open work permit with the inland application. Additionally, to apply inland, your wife must also be in Canada. This means she first needs to apply for a TRV, the TRV has to be approved and she must travel with you to Canada.

Hi Sclylla, I am a PR, currently studying in US. My fiancee is in Canada on PGWP, expiring next month. She has got Ontario PNP approval and is applying PR application next week. Is there any way to extend her work permit? The PR processing time will take around one and half year under master stream OINP, Should we get married, register our marriage and apply for her work permit ? Would it work? Do I need to be working in Canada at the time of applying for her work permit ?

Thanks

 

[scylla]

Hi Sclylla, I am a PR, currently studying in US. My fiancee is in Canada on PGWP, expiring next month. She has got Ontario PNP approval and is applying PR application next week. Is there any way to extend her work permit? The PR processing time will take around one and half year under master stream OINP, Should we get married, register our marriage and apply for her work permit ? Would it work? Do I need to be working in Canada at the time of applying for her work permit ?

Thanks

It's possible she may qualify for a Bridging Open Work Permit now that she as the PNP Nomination. The appropriate place to post this question is in the PNP section of the forum.

Getting married to you will NOT allow her to apply for a work permit. To apply for a work permit through marriage to you, you would need to first get married, then you would need to move to Canada and stay here, you would also need to apply to sponsor her for PR using the inland method - then you could include an open work permit with the inland PR application.

 

[shreekm1]

No - you cannot apply for a work permit now. The dependent rule is for foreign workers who have a work permit in Canada. You are a PR and don't qualify.

The only way you can apply for an open work permit is if you return to Canada first and submit an inland application to sponsor your wife - then you can include an open work permit with the inland application. Additionally, to apply inland, your wife must also be in Canada. This means she first needs to apply for a TRV, the TRV has to be approved and she must travel with you to Canada.

Is this rule still the same since 2016? I am in the same situation and can I apply for my wife open work permit from India?

In order to sponsor my wife when she travel with Visitor VISA, do I supposed have valid work in order to sponsor her PR? Can I sponsor immediately as soon as I land here or do I need to wait for few months?

 

[scylla]

Is this rule still the same since 2016? I am in the same situation and can I apply for my wife open work permit from India?

In order to sponsor my wife when she travel with Visitor VISA, do I supposed have valid work in order to sponsor her PR? Can I sponsor immediately as soon as I land here or do I need to wait for few months?

I'm not clear what your status is in Canada so it's difficult to answer your questions.

 

[shreekm1]

I'm not clear what your status is in Canada so it's difficult to answer your questions.

I have got my PR last year October and traveling to Canada next month. I have to search for a job once I land there. me and my wife are IT employees.
1. Can I apply for my wife open work permit now (in Feb) from India or can I apply for her open work permit from India after I land in Canada (after March)?
2. If 1 is not possible (not possible to apply for open work permit from India), she will travel to Canada in May with visitor VISA. Can I apply for her open work permit when she come to Canada?
3. Is it mandatory to apply for her PR to get open work permit?
4. Can I apply for her dependent PR as soon as I land in Canada or do I need to wait for any particular number of months to apply for her PR as I am traveling without job offer?

 

[scylla]

I have got my PR last year October and traveling to Canada next month. I have to search for a job once I land there. me and my wife are IT employees.
1. Can I apply for my wife open work permit now (in Feb) from India or can I apply for her open work permit from India after I land in Canada (after March)?
2. If 1 is not possible (not possible to apply for open work permit from India), she will travel to Canada in May with visitor VISA. Can I apply for her open work permit when she come to Canada?
3. Is it mandatory to apply for her PR to get open work permit?
4. Can I apply for her dependent PR as soon as I land in Canada or do I need to wait for any particular number of months to apply for her PR as I am traveling without job offer?

1. She cannot apply for an open work permit from India. To apply for an open work permit, she must be physically in Canada (you must as well) and you must submit the open work permit application together with an inland sponsorship application.
2. See above. You must submit an inland sponsorship application together with the OWP.
3. Yes.
4. You can apply as soon as you are back in Canada. You must be living in Canada to sponsor her for PR.

 

[shreekm1]

1. She cannot apply for an open work permit from India. To apply for an open work permit, she must be physically in Canada (you must as well) and you must submit the open work permit application together with an inland sponsorship application.
2. See above. You must submit an inland sponsorship application together with the OWP.
3. Yes.
4. You can apply as soon as you are back in Canada. You must be living in Canada to sponsor her for PR.

Thanks you so much for the information.

 

[AKCAN]

1. She cannot apply for an open work permit from India. To apply for an open work permit, she must be physically in Canada (you must as well) and you must submit the open work permit application together with an inland sponsorship application.
2. See above. You must submit an inland sponsorship application together with the OWP.
3. Yes.
4. You can apply as soon as you are back in Canada. You must be living in Canada to sponsor her for PR.

1. She cannot apply for an open work permit from India. To apply for an open work permit, she must be physically in Canada (you must as well) and you must submit the open work permit application together with an inland sponsorship application.
2. See above. You must submit an inland sponsorship application together with the OWP.
3. Yes.
4. You can apply as soon as you are back in Canada. You must be living in Canada to sponsor her for PR.

Hi Scylla,

For pointer "4" would need a little clarification. Some websites are saying a PR needs to spend at least 3 months in Canada before they can apply for sponsorship (or OWP) of their spouse. Please correct me if wrong.

 

[scylla]

Hi Scylla,

For pointer "4" would need a little clarification. Some websites are saying a PR needs to spend at least 3 months in Canada before they can apply for sponsorship (or OWP) of their spouse. Please correct me if wrong.

There is no such rule.

 

[canuck_in_uk]

Hi Scylla,

For pointer "4" would need a little clarification. Some websites are saying a PR needs to spend at least 3 months in Canada before they can apply for sponsorship (or OWP) of their spouse. Please correct me if wrong.

Go by the IRCC website, not "some websites".