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sbas

Newbie
Mar 12, 2017
2
0
Hi,

Currently I am working here in a private firm on OWP under PGWPP but on a lower NOC than A,B as per my degree requirements (A). I applied for open work-permit (OWP) for my wife recently which was rejected for the reason that 'she does not have offer letter from employer in Canada'; whereas I mentioned in the application that its a spousal open work visa and I left the work related details empty in the application, since she does not require an offerletter as per OWP. The intention was to bring my wife here on the same work visa that I have (reference: cic.gc.ca/english/study/work-spouse.asp). This link says that I should be a valid student, but now I am not a student and working on OWP.

What is the correct way to invite my wife here with me? Which visa type should I apply for her again?
 
+ adding the rejection reason of my wife's application:

You have not demonstrated that you come within the exceptions under section 186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the subject of determination labour market impact assessment before a work permit can be issued to you. Your employer in Canada should contact the local office of Service Canada to begin this process.


I don't understand, why they are expecting a work offer letter, when she is exempt. Or maybe I am wrong. After some research, I learnt that its required for me to work in NOC O,A,B to apply for wife's OWP, so maybe it was never a valid choice. Am I correct? Is there any other way to bring my wife to Canada?
 
You must have a full time job that is NOC A, B or 0 in order for your wife to qualify for an OWP. If your job does not meet this criteria then unfortunately she can't be approved for an OWP based on your PGWP.

If she wants to come to Canada to work, she will need a closed work permit. To qualify for a closed work permit, she will need a job offer from an employer in Canada and that employer will need to obtain an approved LMIA.
 
To add - another option of course would be for you to find a new job that does meet the NOC A, B or 0 requirement. Then your wife can reapply for the OWP.
 
Hi scylla

Can your spouse apply for a owp and i apply for a study permit at the same time?
 
candz said:
Hi scylla

Can your spouse apply for a owp and i apply for a study permit at the same time?

yes
 
Hi

I am still waiting for my PGWP, applied last May 24, and it is July 28 already, now my problem is my husband's OWP is going to expire soon, August 31. Can we already apply for his extension even if I don't have my PGWP yet? We are just worried because my PGWP is taking too long to arrive.

I am already working in a NOC B category.
 
Hi

I am still waiting for my PGWP, applied last May 24, and it is July 28 already, now my problem is my husband's OWP is going to expire soon, August 31. Can we already apply for his extension even if I don't have my PGWP yet? We are just worried because my PGWP is taking too long to arrive.

I am already working in a NOC B category.


Hi Scylla, do you have any inputs on my query? Thank you so much.