spouse open work permit after student visa expiration

[Staszek]

Hey all,

I have a SOWP (Spouse Open Work Permit) due to my spouse's student visa and I am employed (B type - high skilled job)
Our visas are valid until end of Jan 2021 but she will officially graduate at the end of next month
and she will NOT be able to apply for PGWP (Post Graduate Work Permit)

1. Does it mean my work permit will no longer be valid since she will graduate next moth or it will be valid? (All I can find on my visa is ACCOMPANYING SPOUSE UCI: XXXX)
2. Am I eligible for extension of OWP because I am employed (even though she will not be a student anymore)
3. or should I apply for a closed work permit with my current employer?
4. Is it enough to apply and wait or the moment my work permit will be invalid I would become illegal here?

Any comments will be highly appreciated.
Thanks

 

[canuck78]

Hey all,

I have a SOWP (Spouse Open Work Permit) due to my spouse's student visa and I am employed (B type - high skilled job)
Our visas are valid until end of Jan 2021 but she will officially graduate at the end of next month
and she will NOT be able to apply for PGWP (Post Graduate Work Permit)

1. Does it mean my work permit will no longer be valid since she will graduate next moth or it will be valid? (All I can find on my visa is ACCOMPANYING SPOUSE UCI: XXXX)
2. Am I eligible for extension of OWP because I am employed (even though she will not be a student anymore)
3. or should I apply for a closed work permit with my current employer?
4. Is it enough to apply and wait or the moment my work permit will be invalid I would become illegal here?

Any comments will be highly appreciated.
Thanks

1.Your WP will expire in Jan 2021. You can work until then.
2. No
3. your employer will need to apply for a LMIA and if approved you’ll need to apply for a closed work permit. this is a lengthy process these days unless you have a high skilled job
4. You will only be allowed to keep working and have implied status if you file for your WP before your OWP expires. You should be speaking to your employer since many employers are not willing to go through the time and expense of applying for an LMIA. You can also change your status to visitor before your OWP expires. You will then be visitors in Canada.

 

[Staszek]

Wow! That was a fast! Thank you so much!

In summary then: I can work until end of Jan 2021 and I should talk to my employer to apply for LMIA and when approved apply for CWP.

What if my employer will not be willing to do so?
I assume I will not be able to work on the territory of Canada anymore
but is it possible to continue being hired if I'll do it from my own country then? (If my employer would agree ofcourse)
Is that a viable plan B?

 

[canuck78]

Wow! That was a fast! Thank you so much!

In summary then: I can work until end of Jan 2021 and I should talk to my employer to apply for LMIA and when approved apply for CWP.

What if my employer will not be willing to do so?
I assume I will not be able to work on the territory of Canada anymore
but is it possible to continue being hired if I'll do it from my own country then? (If my employer would agree ofcourse)
Is that a viable plan B?

Yes you could continue working for the employer from anothrr country but it wouls not be considered working in Canada. Your path forward will really depend on your employer. They have made it easier for skilled workers to get WP because wait times were very long. I would look into the new announcements about processing skilled jobs.

 

[Keepers]

Hey all,

I have a SOWP (Spouse Open Work Permit) due to my spouse's student visa and I am employed (B type - high skilled job)
Our visas are valid until end of Jan 2021 but she will officially graduate at the end of next month
and she will NOT be able to apply for PGWP (Post Graduate Work Permit)

1. Does it mean my work permit will no longer be valid since she will graduate next moth or it will be valid? (All I can find on my visa is ACCOMPANYING SPOUSE UCI: XXXX)
2. Am I eligible for extension of OWP because I am employed (even though she will not be a student anymore)
3. or should I apply for a closed work permit with my current employer?
4. Is it enough to apply and wait or the moment my work permit will be invalid I would become illegal here?

Any comments will be highly appreciated.
Thanks

Hey, can you clarify why she wont be able to apply for a PGWP?

 

[Staszek]

Hey, can you clarify why she wont be able to apply for a PGWP?

She would have to get a job in 0, A or B category. I do not think shop clerk or receptionist counts as a high skilled job. I am mistaken?
BTW she would have 90 days to do so. Is it counted from official graduation or last marks as I saw somewhere?

 

[Keepers]

She would have to get a job in 0, A or B category. I do not think shop clerk or receptionist counts as a high skilled job. I am mistaken?
BTW she would have 90 days to do so. Is it counted from official graduation or last marks as I saw somewhere?

She now has 180 days to apply for PGWP after getting final marks.

 

[Keepers]

She would have to get a job in 0, A or B category. I do not think shop clerk or receptionist counts as a high skilled job. I am mistaken?
BTW she would have 90 days to do so. Is it counted from official graduation or last marks as I saw somewhere?

180 days and with a valid study permit, if the study permit expires before, then she would need to restore her status to apply for pgwp or change statuss to visitor.

 

[Keepers]

Also, she is eligible for PGWP, the issue is just from your end, she needs to have either NOC A,O B job to apply for your SOWP. You mentioned her job as receptionist, is that the correct title? Otherwise if the correct title is Administrative assistant, thats NOC B, sometimes too, its good to have a little talk to employers to see if there is any way they can help with either a promotion in just like a name title.. that was something my sister did while working at Mcdonalds as a cashier, she was in same position ,but just had a heart to heart talk ,because she wanted her husband to continue working, but cashiering as a title would not help, the manager, ultimately changed her role to Team Leader, that was more so now considered a supervisory role. She was able to apply.

 

[Keepers]

So much can change in the next few months, she can hopefully even get a better job, so her applying for a PGWP shouldnt be ruled out. Remember too its a one in lifetime opportunity, unless she is going to continue schooling immediately after finishing course. I am thinking maybe you earn more now. But if she applies, lets say her program was for 2yrs and she could end up with a 2-3 yr PGWP, that would perhaps give time for things to change. Hope it works out though.

 

[Staszek]

Thanks for the info - we will have to talk about it although her study visa will expire in 4 weeks (meaning whe will officially graduate so I assume she will have to change her status to visitor, right?) and she is not having a job so I think this ship has sailed.

But as you said that my permit will be valid until end of Jan as it is on my visa I am thinking of express entry for skilled worker as I am already emplyed and have most of the docs needed to apply. My score was sufficient (at least that is what the site implied). What is your experience about that?
I have created my account on Gov site but they are asking me about "nomination certificate" .. should I start with the BC program first to get it before applying on the gov site?

On the BC site I am asked for this two things:
- JOB SEEKER VALIDATION CODE - what is that? Do I even need it as I am hired already?
- COMPREHENSIVE RANKING SCORE - is this the score from gov site for illegibility?