Spouse Open Work Permit Change

[LANinCAN]

My spouse is currently a full-time graduate student and I have a spouse-sponsored open work permit. We have been in Canada for almost 3 years and I have worked for 2.5 years for the same employer. Our marriage is having trouble and we are thinking about separating. Both of our visas don't expire for another 14 months, so from what I have researched, I would be able to stay in Canada for that period of time as long as I don't work.

What I would like to ask is whether or not I can apply for my own open work permit once or even before our separation occurs so that I am able to continue working?

Thanks for the help.

 

[scylla]

You don't qualify for an open work permit on your own. The only reason you qualify for an open work permit now is due to your spouse's study permit.

You can apply for a closed work permit provided your employer is able to obtain an approved Labour Market Opinion.

 

[LANinCAN]

From this website here:
cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

#5. You have a temporary resident permit valid for at least six months.

Doesn't that mean I would qualify?

Also, I am planning on applying for permanent residency but wanted to figure out the marriage situation first. From what it mentions under situation #1, if I send in my CEC PR application before applying for an open work permit, that also means I may be eligible. Right?

 

[canuck_in_uk]

#5. You have a temporary resident permit valid for at least six months.

Doesn't that mean I would qualify?

Also, I am planning on applying for permanent residency but wanted to figure out the marriage situation first. From what it mentions under situation #1, if I send in my CEC PR application before applying for an open work permit, that also means I may be eligible. Right?

You don't have a Temporary Resident Permit. TRPs are special permits issued to people who are otherwise inadmissible to Canada. http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

If you send your CEC app and receive AOR prior to your current work permit expiring, you would be able to apply for a Bridging Open Work Permit, provided you meet the other BOWP requirements.

 

[scylla]

As explained above, you have a TRV - not a TRP. TRPs are only granted in exceptional circumstances. So you don't qualify for an open work permit under the TRP clause.

 

[scylla]

If you send your CEC app and receive AOR prior to your current work permit expiring, you would be able to apply for a Bridging Open Work Permit, provided you meet the other BOWP requirements.

Agreed. You need AOR to apply for the BOWP. I believe it takes around two months to get AOR after you submit the CEC application.

 

[LANinCAN]

Thanks for all the info. Makes sense. Looks like I have to get that CEC in ASAP just in case things fall apart and leave me hanging. I guess I should look into whether or not changing my marriage status has any affect on my CEC application mid-stream.