Spousal PR and PGWP at the same time?

[evanstp9]

Hi all!

I would need a clarification on the following matter from any senior members please...

My wife will apply for PR - CEC in a couple of months, and I will be finishing my studies in April.

Probably we will not have an answer on our PR application by then, so I would go ahead and apply for my PGWP.


My question is whether that creates some sort of coflict as I will also included as dependant in a PR application at the same time!
I even read from CIC the part on dual intent, but that didn't prove to be much of a help.

Any input on that from experienced members?

Thank you in advance!

 

[maniac2403]

Hi all!

I would need a clarification on the following matter from any senior members please...

My wife will apply for PR - CEC in a couple of months, and I will be finishing my studies in April.

Probably we will not have an answer on our PR application by then, so I would go ahead and apply for my PGWP.


My question is whether that creates some sort of coflict as I will also included as dependant in a PR application at the same time!
I even read from CIC the part on dual intent, but that didn't prove to be much of a help.

Any input on that from experienced members?

Thank you in advance!

Dual intent essentially states that intent under both temporary and permanent residence streams cannot be misrepresented. You can have both applications in at the same time, but have to show that for PGWP you have the intention of leaving Canada after your permit expires. This is a very tricky thing to do and if possible avoided. How confident are you in your PR application? You do not need to worry about it right now. Go ahead an apply for PR under CEC and hope that by April you have received your MR. That way you can be at least have some assurance that your application is going well. Before the expiry of our study permit and within 90 days of completing your studies, check the status of your PR application. If you received RRPF by then, then apply for BOWP.

 

[evanstp9]

Thanks for the detailed answer.

1. The level of confidence in the PR application is not what I would think is ideal to be honest, but I was thinking better apply and hope for the best, since criteria are met, we can get a really detailed and legitimate letter, well known company in its field (1st result as you google just the last name of the owners) etc

2. Is it certain that request for medicals is some kind of guarantee? I mean that is the case in most of the applications? (of course provided that no medical issue is present)

3. If I check the PR application close to the study permit's expiry date and within the 90 days we have and there is a RRPF, is at least that an assurance that the PR application is/will be approved?
If not, i might have to seriously reconsider applying for PR now, since we can have 2-3 years PGWP based on my studies.

Sooo stressful and complex situations...

 

[maniac2403]

Thanks for the detailed answer.

1. The level of confidence in the PR application is not what I would think is ideal to be honest, but I was thinking better apply and hope for the best, since criteria are met, we can get a really detailed and legitimate letter, well known company in its field (1st result as you google just the last name of the owners) etc

2. Is it certain that request for medicals is some kind of guarantee? I mean that is the case in most of the applications? (of course provided that no medical issue is present)

3. If I check the PR application close to the study permit's expiry date and within the 90 days we have and there is a RRPF, is at least that an assurance that the PR application is/will be approved?
If not, i might have to seriously reconsider applying for PR now, since we can have 2-3 years PGWP based on my studies.

Sooo stressful and complex situations...

To answer your question, nothing is certain even after getting MR or RPRF. You can't be certain until you receive your PPR/CoPR. That being said, MR and RPRF received close to each other are very good signs that the application is progressing smoothly, but of course there is always a risk. If it were up to me, I will go ahead any apply for PR now and see what happens. If you do not want to take that risk, apply for your PGWP and then apply for PR, but the rules might change under Express Entry.

 

[evanstp9]

Yeah, EE is a real pain in the @ss, cause we know just a few things...
Who knows, they even change PGWP and so it goes, they try to reform their whole system!
The feeling I get and they say, is that they want to attract more skilled workers, kind of make the whole process easier, and eliminate the need for TWP..

Worst case scenario, I apply for PR, MR and RPRF come quite late, and I go ahead and apply for PGWP... (i assume that a usual timeframe for MR - RPRF is around 6-8 months) ??
-So maybe they refuse it, could I get a BOWP then?
-Maybe the PR gets refused, but PGWP is approved? (Based on dual intent, you can have both applications, but then you might end up on a strict VO)
-Both are refused! (how possible is refusal for PGWP) ?
-Then the long shot of LMIA, though the new EE, cause after all, my wife would still have not only job offer, but job contract for almost 2 years.

Appreciate the input, should you have any advice/info on the above, please do share!

 

[maniac2403]

Yeah, EE is a real pain in the @ ss, cause we know just a few things...
Who knows, they even change PGWP and so it goes, they try to reform their whole system!
The feeling I get and they say, is that they want to attract more skilled workers, kind of make the whole process easier, and eliminate the need for TWP..

Worst case scenario, I apply for PR, MR and RPRF come quite late, and I go ahead and apply for PGWP... (i assume that a usual timeframe for MR - RPRF is around 6-8 months) ??
-So maybe they refuse it, could I get a BOWP then?BOWP is only granted if you have a work permit.
-Maybe the PR gets refused, but PGWP is approved? (Based on dual intent, you can have both applications, but then you might end up on a strict VO)The criteria for PGWP is pretty straightforward. But based on the VO, you might have to prove your intention to leave Canada. Haven't heard of cases where PR was in process before applying for PGWP.
-Both are refused! (how possible is refusal for PGWP) ?
-Then the long shot of LMIA, though the new EE, cause after all, my wife would still have not only job offer, but job contract for almost 2 years.

Appreciate the input, should you have any advice/info on the above, please do share!

 

[jes_ON]

My question is whether that creates some sort of coflict as I will also included as dependant in a PR application at the same time!

No conflict - You should apply for your PGWP... Much more of a conflict if you stay in Canada without authorization, so by all means, seek authorization!


I even read from CIC the part on dual intent, but that didn't prove to be much of a help.

Dual intent is recognized as legitimate. Moreover, the PGWP program is explicitly recognized as a path to permanent residence. What is a problem is when a VO suspects that someone who has applied for a work permit will not leave Canada when it expires and will remain without authorization...

 

[evanstp9]

I am also thinking that it is best to apply for PGWP regardless after all, as you say, better to look for legitimate means of extending my stay here.

As far as convincing the VO that having a PR as dependant processed and a PGWP as a principal applicant filed, without him assuming that anything negative, would you suggest that writing a letter would be beneficial?

I was thinking that a letter of explanation might be useful in that case, i was thinking that maybe explaining the situation, that while I have filed for PR, I know that PGWP is allowing me to stay only temporarily etc, and that I would use that experience later on if applicable for a permanent residency application... blah blah blah...
I mean just to be honest about my intentions and reasons, the knowledge of teh dual intent and stuff...
Just a thought so far, open to advice or suggestions or experience in a similar situation...