Spouse Open Work permit

[fkl]

Thanks fkl for your support. Yes, I will be choosing only full time masters programs from reputed universities. Will my express entry profile be a problem for getting a study permit? My plan was to get a PR and go for masters. But with CRS of 430 it seems highly unlikely.

Thanks

You are welcome. No there is no problem with that. Applying for PR at the same time as study permit is independent of each other. You can google "Dual Intent" Canada for details.

 

[Joul]

Hi everyone,

I need your help.

I have a temporary work permit valid until November 2016 and my partner has an open work permit (Working Holiday Visa delivered by International Experience Canada) until March 2016.

In October 2015 he applied for a SOWP so that we can have more time to apply for Permanent Residency together.

But his request was refused. CIC is saying that employers who want to hire a foreign worker who were exempted of LMIA have to fill the form IMM5802.
IMM 5802 Form Aid – Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)

What the hell is that? He applied for an OPEN work permit, why would his company need to fill such form?

It seems that CIC completely miss the fact that he applied for a SOWP and thought he wanted to extend his work permit because he is working.

All he wanted was to get an OPEN work permit...

Thank you

 

[fkl]

Hi everyone,

I need your help.

I have a temporary work permit valid until November 2016 and my partner has an open work permit (Working Holiday Visa delivered by International Experience Canada) until March 2016.

In October 2015 he applied for a SOWP so that we can have more time to apply for Permanent Residency together.

But his request was refused. CIC is saying that employers who want to hire a foreign worker who were exempted of LMIA have to fill the form IMM5802.
IMM 5802 Form Aid – Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA)

What the hell is that? He applied for an OPEN work permit, why would his company need to fill such form?

It seems that CIC completely miss the fact that he applied for a SOWP and thought he wanted to extend his work permit because he is working.

All he wanted was to get an OPEN work permit...

Thank you

Your second last line says it all.

To begin with, is your work permit based upon an LMIA? If not is it a PGWP and do you have a skilled job.

Then, did he provide evidence of all of this along, plus proof of relationship (you said partner, so you need to prove common law - living together for at least a year)?

To better indicate intension (since there is no way to choose it is SOWP), in the form where it asks about details of employment, you say "Not applicable - Spousal OWP" and attach relevant proof.

 

[viprewind]

FKL,

I am here on visitor visa and will b here for weeks. My wife is a student, am I allowed to apply for sowp inside Canada

 

[fkl]

FKL,

I am here on visitor visa and will b here for weeks. My wife is a student, am I allowed to apply for sowp inside Canada

What is your trv type? Was it visitor trv allowing stay of max six months in one go, no healthcare and wasn't issued in connection with your spouse study permit?

If that's the case, CIC may or may not process your application in Canada. Rules say they won't but I have seen exceptions. If you are on a spouse dependant trv, have health care and are allowed to stay here longer than six month (CIC's precise wordings are "admitted to Canada for at least a year") you can submit application from inside Canada.

 

[GagzV]

I Just checked the processing times for Work permit is showing 3 months cic.
Any updates on SOWP application within Canada online if close to 3 months now ? Thanks

PS: In january'16 it was showing 1 month after blank updates for few past days it is now showing 3 months not sure if anybody heard from them after been 3 months in process.

 

[fkl]

I Just checked the processing times for Work permit is showing 3 months cic.
Any updates on SOWP application within Canada online if close to 3 months now ? Thanks

PS: In january'16 it was showing 1 month after blank updates for few past days it is now showing 3 months not sure if anybody heard from them after been 3 months in process.

I had applied for extensions for my spouse and kids (SOWP, study permits) around Dec 15 and we got those processed around Feb 2. Though i was expecting processing times of 4 months.

So in summary, processing times right now are highly variable and hard to predict - from inside Canada

 

[aprillee]

my spouse just received his pay stub, but it says that he works as a cook-busboy. His letter of employment says that he mainly works as a cook, but when necessary he is a busboy. Does anyone know if his job falls under NOC B code for cooks?

 

[fkl]

my spouse just received his pay stub, but it says that he works as a cook-busboy. His letter of employment says that he mainly works as a cook, but when necessary he is a busboy. Does anyone know if his job falls under NOC B code for cooks?

This kind of pay stub is certainly prone to concern from CIC. Job descriptions generally describe your primary role, not what you do as necessary.

I am a software engineer. I some times physically move my machine / network setup / cables or clean the desk if needed. But no one would ever put that in my job experience letter or profile.

Other than description of duties, few more important factors you can look up are:

a) Median wage of cooks for the intended province. If his pay rate is about median or above that of the cook, that helps.
b) A college program in cooking or a 3 year apprenticeship is required as per the following description
http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/ProfileQuickSearch.aspx?val=6&val1=6322&val65=

I would argue that if you meet both above, the employer should not put this in pay stub. If you don't have one of them, then it is not NOC B to begin with, irrespective of what's stated in the letter.

 

[aprillee]

This kind of pay stub is certainly prone to concern from CIC. Job descriptions generally describe your primary role, not what you do as necessary.

I am a software engineer. I some times physically move my machine / network setup / cables or clean the desk if needed. But no one would ever put that in my job experience letter or profile.

Other than description of duties, few more important factors you can look up are:

a) Median wage of cooks for the intended province. If his pay rate is about median or above that of the cook, that helps.
b) A college program in cooking or a 3 year apprenticeship is required as per the following description
http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/ProfileQuickSearch.aspx?val=6&val1=6322&val65=

I would argue that if you meet both above, the employer should not put this in pay stub. If you don't have one of them, then it is not NOC B to begin with, irrespective of what's stated in the letter.

thank you for information, that helped a lot! Now

 

[aprillee]

This kind of pay stub is certainly prone to concern from CIC. Job descriptions generally describe your primary role, not what you do as necessary.

I am a software engineer. I some times physically move my machine / network setup / cables or clean the desk if needed. But no one would ever put that in my job experience letter or profile.

Other than description of duties, few more important factors you can look up are:

a) Median wage of cooks for the intended province. If his pay rate is about median or above that of the cook, that helps.
b) A college program in cooking or a 3 year apprenticeship is required as per the following description
http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/ProfileQuickSearch.aspx?val=6&val1=6322&val65=

I would argue that if you meet both above, the employer should not put this in pay stub. If you don't have one of them, then it is not NOC B to begin with, irrespective of what's stated in the letter.

I have one more question - my spouse's employer has two restaurants, the letter of employment says that my spouse works in one restaurant, but the restaurant's name written on the pay stub differs. Will that be okay?

 

[fkl]

I have one more question - my spouse's employer has two restaurants, the letter of employment says that my spouse works in one restaurant, but the restaurant's name written on the pay stub differs. Will that be okay?

I can't say it's okay. But that sure looks like a lot of discrepancy. Why does it not state where he works or letter of employment says both restaurants?

CIC's reaction is totally up to the visa officer. Some times, they have concerns, they call the employer or make independent verifications. Some times they could outright refuse.

Normally companies state their addresses and where employee would work since it is also written on work permit. If they have multiple offices or they occasionally need an employee to work on client sites, they say so in LMIA application, job offer and consequently work permit.

More variations are likely to raise CIC's inclination towards dissatisfaction - in the worst case, refusal.

 

[jahrule]

FKL,

I am here on visitor visa and will b here for weeks. My wife. sis a student, am I allowed to apply for sowp inside Canada

check your inbox I sent you a message that we can talk. same situation as you

 

[kht]

Hi FKl, I am international student from Pak studing here in canada I want to apply for my spouse open work permit, but I don't have any idea that open work permit is good option or visit visa. If you have any suggestion please let me know.

Thanks

 

[fkl]

Hi FKl, I am international student from Pak studing here in canada I want to apply for my spouse open work permit, but I don't have any idea that open work permit is good option or visit visa. If you have any suggestion please let me know.

Thanks

Hi kht,

Assuming you are in a good full time study program preferably at a university you can apply either SOWP or Resident TRV.

Resident TRV is not the same as visitor TRV. In visit, an applicant shows an intent to reside here for a short trip, can at max be 6 months, processing time is shorter, no medicals required and is not eligible for healthcare in Canada. Also cannot stay beyond 6 months in one trip.

Generally spouse of a student or worker is not visiting and hence refusal is quite common. A spouse intends to live with their husband for as long as they are here.

So its better to apply either of first two (SOWP or Resident TRV) and processing time is same as well as both require medicals.
Since you are already intending to come and live here, getting authorization to work for any one is some thing you should already apply for in the first place. Hence SOWP. The application would be the same as a regular work permit. Just that type you chose would be "Open work permit" and in employer details you write "Not Applicable - Spouse OWP".

You have to provide proof of eligibility which includes you the main spouse's study permit, some recent things showing you are actually currently studying satisfactorily (letter from university or recent academic output would help), proof of funds for spouse for a year as well enough proof of relationship.