SOWP to Study Permit

[RKA90]

Hi All,

Since arriving in Canada in September 2023, my husband's on a Closed Work Permit, and I'm on the Spouse Open Work Permit (SOWP). There's a chance he might lose his contract soon, so we're exploring ways to stay in Canada.

Any insights on recent announcements by the Immigration Minister regarding work permit holders studying without a study permit? Also, if I transition to a Study Permit after getting admission to college, is it possible for him to switch to an Open Work Permit?

Appreciate your help.

Thanks,
RKA

 

[Naturgrl]

Greetings All,

My husband and I arrived in Canada in September 2023, with me on the Spouse Open Work Permit (SOWP) and him on a Closed Work Permit. I'm currently exploring the possibility of pursuing studies in Canada and would like to know about recent announcements by the Immigration Minister regarding work permit holders being able to study in Canada without a study permit.

Furthermore, if I successfully secure admission to a college and later transition to a Study Permit, I'm interested in understanding how this might impact my husband. Specifically, I'm wondering if he would be eligible to switch to an Open Work Permit in this scenario.

I appreciate your assistance and guidance on these matters.

Thank you,
RKA

The requirements for you to study are in the link.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/workers-study-without-study-permit.html

This doesn’t impact your husband as he is not eligible for an open work permit. He will continue to need to be on a closed work permit while you study and when you get a PGWP.

There are new rules that came into effect a couple of years ago so your husband is not eligible for SOWP as he is considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada – in this case, a closed work permit. You only got a SOWP because your husband is the PFN. You cannot become the PFN as a student so he can get a SOWP.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker in a NOC 0, A, or B job), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job.

 

[RKA90]

There is a possibility that my husband may lose his contract in the upcoming months, and I am currently seven months pregnant, it would be challenging for us to travel back to our home country if relocation becomes necessary. In this context, could you please advise on the steps to transition him from a closed work permit to an Open Work Permit? Your guidance in this matter is greatly appreciated.

 

[Naturgrl]

There is a possibility that my husband may lose his contract in the upcoming months, and I am currently seven months pregnant, it would be challenging for us to travel back to our home country if relocation becomes necessary. In this context, could you please advise on the steps to transition him from a closed work permit to an Open Work Permit? Your guidance in this matter is greatly appreciated.

He is not eligible for an open work permit. If he loses his job then he stops working and changes status to visitor. He must find another employer willing to go through the LMIA process so he can apply for another closed work permit. Or if he wants to immigrate then look at immigration programs. You being pregnant is not relevant.

 

[RKA90]

He is not eligible for an open work permit. If he loses his job then he stops working and changes status to visitor. He must find another employer willing to go through the LMIA process so he can apply for another closed work permit. Or if he wants to immigrate then look at immigration programs. You being pregnant is not relevant.

Can I continue working on my Spouse Open Work Permit (SOWP) until my work permit expires?

 

[Naturgrl]

Can I continue working on my Spouse Open Work Permit (SOWP) until my work permit expires?

Yes. When does your permit expire? Assume you will take some leave once you give birth.

 

[RKA90]

Yes. When does your permit expire? Assume you will take some leave once you give birth.

It’s valid till December 2024.