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Spousal work permit application

mainak.g

Star Member
Oct 13, 2016
64
18
Hi Guys,

I was an international student and now a post graduate work permit holder (valid till 2019 June). My wife has applied for her visitor visa two times while I was a student but got rejected for some weird reasons (1st time - not enough funds, 2nd time - could not satisfy the officer of her departure from Canada, no previous travel history, not enough ties in India). However now she is working in India and wants to join me here and work in Canada. I am looking for a full time job here. It is a bit confusing for us to understand on which circumstances can she come and join me here. What would be her status. Because she wants to work here. I have no clue how to go about it. We haven't seen each other for over 2.5 years now. Please suggest me a way out.
 

garyastudent

Hero Member
Sep 3, 2014
274
48
Canada
Category........
Visa Office......
Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
mainak.g said:
Hi Guys,

I was an international student and now a post graduate work permit holder (valid till 2019 June). My wife has applied for her visitor visa two times while I was a student but got rejected for some weird reasons (1st time - not enough funds, 2nd time - could not satisfy the officer of her departure from Canada, no previous travel history, not enough ties in India). However now she is working in India and wants to join me here and work in Canada. I am looking for a full time job here. It is a bit confusing for us to understand on which circumstances can she come and join me here. What would be her status. Because she wants to work here. I have no clue how to go about it. We haven't seen each other for over 2.5 years now. Please suggest me a way out.
Hi mainak.g, I went through the same situation wherein my Wife's Visa was rejected twice when I was a student, below are the rejection reason they gave us as per the GCMS/CAIPS Notes:
  • They thought the wedding was not for real, it was only for Visa purpose, they literally stated that, I even shared a lot of pictures from the function (later I realized that they wanted to see the pictures where there are a lot of people attending the wedding giving us blessing and all) rectified that error.

  • They refused the Visa stating that My study permit is about to expire and the minimum requirement is 6 months left as per the college end date( it should be as per the Visa End Date however that is what they mentioned in the refusal reason).

So basically I applied for her TRV (Tourist Visa) last year in November only after I got a Permanent job with all the documents possible.

Wrote a loooooong letter to them telling them about our history, how we met and how we got married, how she want to come and see how I am surviving here....

And even after all this they gave her the TRV for 6 months validity, And once she was here I applied for Status change from TRV to OWP (Open work Permit - dependent)

That is how my wife got the Visa and WP, and that is what I was told by a lawyer, so I am not sure how you want to present your case to the VO.

Just one suggestion that you should apply once have a Full-Time job so that you can show that even if she is coming here to visit you can bear all her expenses.

I had been in the same boat and can understand it is the hardest time you can experience, and the pressure from all over....

hope she gets the visa and you guys are together again....

best of luck
 

mainak.g

Star Member
Oct 13, 2016
64
18
Thanks Gary for all the detailed information. You are quite right here. I don't understand why they do that. I have seen many people who didn't face any trouble as such and they have a smooth life. Even though they have just followed a very simple procedure. Going ahead with the TRV would be the best bet for us I guess so too. I will do that. Can you also light up another issue about the available funds that you have to show on both ends? However there is no such safe limit of money to be shown but still if I have a fair picture. The more the better. Thanks for your good wishes brother. Good luck to you guys too.
 

garyastudent

Hero Member
Sep 3, 2014
274
48
Canada
Category........
Visa Office......
Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
mainak.g said:
Thanks Gary for all the detailed information. You are quite right here. I don't understand why they do that. I have seen many people who didn't face any trouble as such and they have a smooth life. Even though they have just followed a very simple procedure. Going ahead with the TRV would be the best bet for us I guess so too. I will do that. Can you also light up another issue about the available funds that you have to show on both ends? However there is no such safe limit of money to be shown but still if I have a fair picture. The more the better. Thanks for your good wishes brother. Good luck to you guys too.
I basically showed around 15K CAD here in Canada in my Chequing account , and she showed another 13-14k CAD back in India keep in mind that the money she showed was in her savings account for more then 6 months.

I think that is enough.

Also, before finalizing anything I would suggest to take help from a good consultant, they will charge you but it's worth it... that's what I did, Where are you located because there is one in Good Consultant in Bramtom, ON where I went for my wife, If you want the details then let me know I can share his details in PM and you can go to him..
 

mainak.g

Star Member
Oct 13, 2016
64
18
That is more than enough for me. Let me get a full time position first. I will keep in touch with you. Once I am ready I will notify you. Fingers crossed till then. Thanks a ton again.
 

garyastudent

Hero Member
Sep 3, 2014
274
48
Canada
Category........
Visa Office......
Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
mainak.g said:
That is more than enough for me. Let me get a full time position first. I will keep in touch with you. Once I am ready I will notify you. Fingers crossed till then. Thanks a ton again.
No Problem, Whenever you need to know anything about how I proceeded with my Wife's Visa File, do let me know, because for this I have a 1st hand experience, and yours is pretty much the same....I am sure I will be able to atleast provide some valuable insights to you.....
 

J5M

Champion Member
May 15, 2014
1,564
64
Job Offer........
Pre-Assessed..
Hi,


mainak.g said:
Hi Guys,

I was an international student and now a post graduate work permit holder (valid till 2019 June). My wife has applied for her visitor visa two times while I was a student but got rejected for some weird reasons (1st time - not enough funds, 2nd time - could not satisfy the officer of her departure from Canada, no previous travel history, not enough ties in India). However now she is working in India and wants to join me here and work in Canada. I am looking for a full time job here. It is a bit confusing for us to understand on which circumstances can she come and join me here. What would be her status. Because she wants to work here. I have no clue how to go about it. We haven't seen each other for over 2.5 years now. Please suggest me a way out.

If your spouse get a TRV (visitor visa), she can get an open work permit only if you have one NOC O,A,B job
 

docsazm

Star Member
May 11, 2016
193
2
J5M said:
Hi,



If your spouse get a TRV (visitor visa), she can get an open work permit only if you have one NOC O,A,B job
So if spouse go here on TRV, cannot change status there to OWP?
 

J5M

Champion Member
May 15, 2014
1,564
64
Job Offer........
Pre-Assessed..
Hi,


docsazm said:
So if spouse go here on TRV, cannot change status there to OWP?

Yes, spouse can change the status to OWP provided;

1. You have a valid study permit or a work permit. In case you have a work permit, your job must also be under NOC O,A,B classification.
 

docsazm

Star Member
May 11, 2016
193
2
I have got approved my study permit n recieve letter in my Cic account....
Actual study permit will be issued on the border..when I will go Canada.
Now I wanna apply for my spouse, so should go for TRV dependant, as I don't have original SP in hand?... and then when we reach Canada to change to Owp?
Plz clarify....
As for OWP, I should have original study permit in hand, I guess , not only letter...
What is better?
 

mainak.g

Star Member
Oct 13, 2016
64
18
Thanks Guys for the great helpful tips. Just one more question. A full time job as a Head Cashier at the Home Depot, will that be any good for my wife to come as a visitor here? Does it fall under NOC 0, A or B? Then I'd apply for one.
 

Bal_CAN

Member
Jun 12, 2016
18
9
docsazm said:
I have got approved my study permit n recieve letter in my Cic account....
Actual study permit will be issued on the border..when I will go Canada.
Now I wanna apply for my spouse, so should go for TRV dependant, as I don't have original SP in hand?... and then when we reach Canada to change to Owp?
Plz clarify....
As for OWP, I should have original study permit in hand, I guess , not only letter...
What is better?
Hi, Dont get into complications. DO whatever i say and make yourself tension free.
I was in your situation sometime back and trust me you will win it.

If you have money in your account covering yours and your spouse expenditure including college fees and everything, then you are very safe and will get OWP. And a proper strong tie for both of you in your home country to show cic that you will return back to your country after your studies.

If above points holds good for you, then leave me a message.
 

chrbrow

Star Member
Nov 26, 2016
76
5
Job Offer........
Pre-Assessed..
Hi Guys,

I'm new to the game, and studying to be a consultant right now. I've done some research and it looks good. Here's the catch though, YOU must first get a job, or job offer in a NOC 0, A, or B level. If you don't know what this means, I can tell you more. Once you do that, the rest is really straight forward. Here is what the regulations say:

Spouses of open work permit holders

If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Immigration, Refugees and Citizenship Canada (IRCC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

The spousal applicant should submit all the supporting documents, including

a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
a copy of the principal foreign worker’s last three pay slips.


I also found some info on how she can come over if you are just a student in University too. There is an option there as well.