Restoration of open work permit as a family member who included in a PR application.

[saman.khoddam]

Hello everyone,

My OWP application got rejected yesterday because the officer thought that I am applying under my spouse's PGOWP! The reason of rejection was "
You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada."

However, I spoke with IRCC on the phone before applying and they told me that I am eligible for OWP because my spouse has the PNP irrespective of the skill level of the principal applicant's occupation. So I applied for OWP extension. In the meantime, we submitted our PR application under PNP paper base and got the AOR. My spouse is the main applicant. I provided our application number for PR via IRCC web form. Unfortunately, the officer was silly and couldn't find out why I am applying for an OWP and didn't pay attention to either my spouse's PNP letter or under process PR application and rejected me. This cost me to lose my job and put me in restoration.
Now I'm going to restore and apply for OWP as a family member who included in a PR application.

My questions are:

1) Does anyone experience to complain about a final decision on IRCC through the webform? If yes, what was the result?
2) However, the officer asked me to provide my spouse proof of employment, are you agree that I am eligible to restore my status and apply for OWP as a family member who included in a PR application? IRCC link
3) When I'm writing my explanation letter to explain my right to be eligible for an OWP do I need to explain the misunderstanding happened in my previous application and why it rejected? OR it's better just to focus on the current application and explanation about the previous application can make it complicated?

Thank you for your help.

 

[canuck78]

Hello everyone,

My OWP application got rejected yesterday because the officer thought that I am applying under my spouse's PGOWP! The reason of rejection was "
You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada."

However, I spoke with IRCC on the phone before applying and they told me that I am eligible for OWP because my spouse has the PNP irrespective of the skill level of the principal applicant's occupation. So I applied for OWP extension. In the meantime, we submitted our PR application under PNP paper base and got the AOR. My spouse is the main applicant. I provided our application number for PR via IRCC web form. Unfortunately, the officer was silly and couldn't find out why I am applying for an OWP and didn't pay attention to either my spouse's PNP letter or under process PR application and rejected me. This cost me to lose my job and put me in restoration.
Now I'm going to restore and apply for OWP as a family member who included in a PR application.

My questions are:

1) Does anyone experience to complain about a final decision on IRCC through the webform? If yes, what was the result?
2) However, the officer asked me to provide my spouse proof of employment, are you agree that I am eligible to restore my status and apply for OWP as a family member who included in a PR application? IRCC link
3) When I'm writing my explanation letter to explain my right to be eligible for an OWP do I need to explain the misunderstanding happened in my previous application and why it rejected? OR it's better just to focus on the current application and explanation about the previous application can make it complicated?

Thank you for your help.

You don’t qualify for OWP if your wife is applying for PNP with you included in her application. What is her current status. Unfortunately there was either a communication error or the CIC agent was just wrong.

 

[saman.khoddam]

You don’t qualify for OWP if your wife is applying for PNP with you included in her application. What is her current status. Unfortunately there was either a communication error or the CIC agent was just wrong.

She is on post graduate work permit.
About qualifying, according to R204(c) t13,
„Open work permits for spouses and common-law partners
Spouses and common-law partners of provincially nominated exemption code T13 work permit holders may apply for an exemption code T13 open work permit, irrespective of the skill level of the principal applicant’s occupation. The open work permit should be location-restricted to the principal applicant’s province of work. The duration should match the lesser of either the passport validity or the principal applicant’s work permit validity.“ I am eligible for an open work permit.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html


Thanks.

 

[saman.khoddam]

You don’t qualify for OWP if your wife is applying for PNP with you included in her application. What is her current status. Unfortunately there was either a communication error or the CIC agent was just wrong.

Sorry but I don’t understand what you mean by if she is applying!
She had the PNP already and I was included in her application as a dependent.

 

[canuck78]

She is on post graduate work permit.
About qualifying, according to R204(c) t13,
„Open work permits for spouses and common-law partners
Spouses and common-law partners of provincially nominated exemption code T13 work permit holders may apply for an exemption code T13 open work permit, irrespective of the skill level of the principal applicant’s occupation. The open work permit should be location-restricted to the principal applicant’s province of work. The duration should match the lesser of either the passport validity or the principal applicant’s work permit validity.“ I am eligible for an open work permit.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html


Thanks.

Based in your previous posts your wife is working part-time in retail under PGWP. Did she get another work permit/job offer?

 

[saman.khoddam]

Based in your previous posts your wife is working part-time in retail under PGWP. Did she get another work permit/job offer?

No she is still on PGWP and no NOC A,B,0 job offer.
Does it matter? Because according to the IRCC the spouse of PNP holder irrespective of the skill level of the principal applicant’s occupation (in my case is my wife) may be eligible for open work permit.

 

[canuck_in_uk]

She is on post graduate work permit.
About qualifying, according to R204(c) t13,
„Open work permits for spouses and common-law partners
Spouses and common-law partners of provincially nominated exemption code T13 work permit holders may apply for an exemption code T13 open work permit, irrespective of the skill level of the principal applicant’s occupation. The open work permit should be location-restricted to the principal applicant’s province of work. The duration should match the lesser of either the passport validity or the principal applicant’s work permit validity.“ I am eligible for an open work permit.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html


Thanks.

Except that your partner isn't hold a T13 work permit holder, so none of that applies to you. Your partner has a PGWP and therefore you are required to show proof of their skilled job and 3 payslips in order to qualify for a work permit.

 

[saman.khoddam]

Except that your partner isn't hold a T13 work permit holder, so none of that applies to you. Your partner has a PGWP and therefore you are required to show proof of their skilled job and 3 payslips in order to qualify for a work permit.

Thank you for your time but I think the skill job and 3 payslips are required when the spouse or common-law partner applying for the C41 exemption then they will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.
In my case I was applying under T13 exemptions then it made me irrespective of the skill level of the principal applicant’s occupation.
I hope I made my point clear.
Can I ask you about your idea, if I apply for restoration and open work permit as a family member who has been included on PR application, would I be eligible?
Thank you again for your help.

 

[canuck_in_uk]

Thank you for your time but I think the skill job and 3 payslips are required when the spouse or common-law partner applying for the C41 exemption then they will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.
In my case I was applying under T13 exemptions then it made me irrespective of the skill level of the principal applicant’s occupation.
I hope I made my point clear.
Can I ask you about your idea, if I apply for restoration and open work permit as a family member who has been included on PR application, would I be eligible?
Thank you again for your help.

?

Again, your spouse IS NOT A T13 WORK PERMIT HOLDER. Therefore, that exemption DOESN'T apply to you.

You are making this way more complicated than it should be. Apply based on your spouse's PGWP with proof of their skilled job and 3 payslips.

 

[saman.khoddam]

?

Again, your spouse IS NOT A T13 WORK PERMIT HOLDER. Therefore, that exemption DOESN'T apply to you.

You are making this way more complicated than it should be. Apply based on your spouse's PGWP with proof of their skilled job and 3 payslips.

As I told she doesn’t have skill job so I can’t, I’m looking for other options that may I have.

 

[saman.khoddam]

?

Again, your spouse IS NOT A T13 WORK PERMIT HOLDER. Therefore, that exemption DOESN'T apply to you.

You are making this way more complicated than it should be. Apply based on your spouse's PGWP with proof of their skilled job and 3 payslips.

The exact copy from another page in IRCC:
Note: Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province are 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.
The LMIA exemption code is T13 (or C10 for spouses or common-law partners of Quebec Selection

 

[canuck_in_uk]

The exact copy from another page in IRCC:
Note: Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province are 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.
The LMIA exemption code is T13 (or C10 for spouses or common-law partners of Quebec Selection

And if you look at the header for that section, it is Spouses of provincial nominee work permit holders. Your spouse does NOT hold such a work permit.

 

[saman.khoddam]

And if you look at the header for that section, it is Spouses of provincial nominee work permit holders. Your spouse does NOT hold such a work permit.

The people that they got nominated by a provincial program through their university program can not apply for provincial nominees work permit because no support letter would be issue for them. So, she couldn’t never get provincial nominees work permit.
My problem is not anymore about past. Past is gone. I’m looking for future.
So could you please tell me what you think if I submit this time as a family member of PR application which is under process?

Thanks.

 

[canuck_in_uk]

The people that they got nominated by a provincial program through their university program can not apply for provincial nominees work permit because no support letter would be issue for them. So, she couldn’t never get provincial nominees work permit.
My problem is not anymore about past. Past is gone. I’m looking for future.
So could you please tell me what you think if I submit this time as a family member of PR application which is under process?

Thanks.

I could be wrong but I don't belive that you qualify for a work permit and should be applying for Restoration as a visitor.

 

[saman.khoddam]

Thanks to share your opinion. Could you please tell me what’s the reason for?