I think you are misundertanding the words "who are transitioning to PGWP" and "who hold a PGWP".
OPW eligible conditions for spouse of a PGWP holder
- Thread starter Phuong Anh
- Start date
Hi, I got my OWP extension but in a different way. There is a new policy that allow the spouse of an international student or pgwp holder to work for another 18 months with the simplified process by opt in to the ircc invitation letter. I got the opt in invitation email and have received my new 18 month OWP for a while. You can read the information below to see if it could apply for you:
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/open-work-permit-holders.html
https://immigrationnewscanada.ca/spousal-open-work-permit-extension-opt-in-is-now-open/
Yes dear correct This is what I also think I applied after getting my spouse PGWP.
If you read documents to prove you will understand better .
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children/apply.html
I think you missed another important updates. The Code 41 on the bottom page is from previous records,and you can see "Date modified: 2021-12-16" . In January 2023, they splited C41 into C41, C46, C47, C48 which allows low skilled worker' spouse to apply OWP. So when you click the link at the bottom, it will redirect to another pages which contains all 41, C46, C47, C48.
Also in the page "Family members of foreign nationals authorized to work in low-skilled occupations (TEER 4 or 5) [R205(c)(ii) – C47 and C48] – Canadian interest – International Mobility Program" (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c47-c48.html), it contains a section named "Family members of Post Graduate Work Permit (PGWP) applicants" which indicates that the spouse of PGWP holder can only apply for OWP after the principal foreign national’s PGWP application is approved.
Another evidence to prove you are wrong is that, the page "Open work permits for family members of work permit holders: How to apply"
(https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permit-spouses-dependent-children/apply.html) illustrates the documents for Family members of low-skilled workers to apply OWP, it specifically write that
"Family members of PGWP holders
If your family member is applying for an open work permit at the same time as you (the principal applicant), they don’t need to provide proof that you can or will be legally authorized to work in Canada."
Therefore, I think Family members of PGWP holders who has low-skilled jobs are valid to apply open work permit.
Hi Derek, I agree with you.
There are some confusing or maybe contracting statements on the IRCC website as regards this new policy.
While doing some online research over the weekend, I went through the recent update on IRCC's website which now allows family members of foreign workers in TEER 4 and 5 work categories to apply for Open Work Permits. I had to read through the new policy several times because it sounded confusing to me initially. Kindly open the link below, and then, please scroll down to the section "Family Members of Post Graduate Work Permit (PGWP) applicants".
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c47-c48.html
I have copied the first 3 paragraphs and pasted them below:
Family members of Post Graduate Work Permit (PGWP) applicants
Family members of PGWP applicants cannot be issued an open work permit if the PGWP applicant is working without work permit under R186(w). The PGWP applicant remains working under R186(w) until the actual work permit is issued.
At the time of the PGWP application submission, the study permit holder and the family member(s) can submit their different work permit applications as a family group.
As with the family group outside Canada, the principal foreign national’s PGWP application would be assessed first, and then the family member’s open work permit application would be finalized.
..............end
From the above, the first paragraph seems to contradict paragraphs 2 and 3. What I can deduce from the above is that at the time of the decision on the family member's application, the principal applicant's application must have been assessed and found okay (i,e the PGWP applicant working in Teer 4 or 5 job category).
This same issue that I had here also applies to the eligibility criteria at the beginning of the link sent.
My takeaway from the above is that a family member can be issued a work permit if the PGWP (primary) applicant working in Teer 4 or 5 job category has been assessed and confirmed okay to be issued a regular work permit. As long as they both applied together, the family member's work permit can be issued about the same day or a few days after.
Hi, Tayandibu. Thank your for your agree on this.
The R186(w) means that "Students who have completed their program of study are allowed to work (under paragraph 186(w) of the Immigration and Refugee Protection Regulations [IRPR]) while they are waiting for a decision on their PGWP application" (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html). So R186(w) indicates the period between PWGP submission date and PWGP approval date.
Also, In the 4th paragraph under section "Family members of Post Graduate Work Permit (PGWP) applicants", it writes "If the family member applies for an open work permit after the principal foreign national submits their application for a PGWP, the principal foreign national must have been issued their work permit prior to the time of decision on the family member’s application."
Overall, I think they mean the application of spouse's open work permit can be submitted together or after the submission of PGWP, but the approval of PGWP must be issued before the approval of their spouse's open work permit. Have a nice day !
