Spouse Open Work permit

[fkl]

Hi everyone,

I hope someone can help me out with this. I am currently in Canada as a permanent Resident Status. My spouse is a US citizen and she currently is in USA.

question 1 : Would she be eligible to apply for an open work permit ? i.e a work permit that she will be able to work for any employer without LMIA ?


question 2 : I am also planning to submit her PR application under the family class sponsporship. Would she be able to apply for an open work permit if her PR sponsorship has been submitted ?


looking forward for a response. thanks !

Only if her PR sponsorship application is submitted IN LAND i.e. from inside Canada (the best way is that she comes here on visitor status and apply). Only then she is eligible for Open work permit.

There are no grounds for Spouse of a PR to apply for open work permit. It only applies to spouse of some one on temporary status (worker or student).

In the above scenario, she has already filed for PR in land and needs work permit to continue her in land status. So she gets that on the basis of her PR application. Not because her spouse is a PR.

 

[Zimprincess]

Hi there,
This site and all the valuable advice given is great! Thank you to all of you who are making this process easier for us all.

I have a question further to all the advice being given. I am a TFW with NOC B and my husband is currently in the process of applying for his OWP. He is Pakistani and does not have any post secondary education. His professional work experience is very limited but he has been working as a private tutor for almost 10 years. As you know in developing countries, many people get paid in cash and a lot of people do not use bank accounts. He has a bank account and can show proof of sufficient funds but there is no record of a salary being deposited into his account over the last few years.

Can anyone please provide advice on:
1. What to put in the work experience section when there is no proof of his work (no deposit in bank of salary for private tutoring). Would it be okay to put private tutor in the work experience section without providing any proof? and
2. Will it be sufficient to supply a bank certificate showing the available funds in his account without providing 6 months bank statement.

Thank you all for your time and advice

Can anyone help me out??

 

[fkl]

Can anyone help me out??

Logically speaking you should do what you already mentioned and give it a try. May be write a brief cover letter explaining the situation. Will it be enough or not, no one can say with certainly.

Having work experience is not a requirement for the dependent spouse. However, in most of those cases, the principal spouse has a very strong job and income in Canada.

You can show funds what ever way possible. Again funds is never a requirement for a work permit if the principal spouse has an established job in Canada. In fact they quote the annual salary as funds available for stay - so it is not much relevant.

Still, what your spouse has been doing in Pakistan and his likelihood of establishing a career or not in Canada is often considered important by visa officer in terms of ties. That will not really be compensated by any amount of funds.

Unless you have a very strong NOC B job with wages reasonably above the median for that role in that province, the chances aren't very high.

Update: I am not trying to discourage you. I am just trying to explain that there are people who submit actually zero funds in their accounts and get permits for their whole family provided the principal applicant has very strong job offer from Canada AND a very strong job history in home country (Pakistan or any where else). Then there are people who submit applications with funds way above what's basic expense for a year - but they don't have profile / career / background to serve as strong ties and CIC suspects it as all the more reason for possible illegal stay in Canada - hence result in refusal. If you understand that well, it might help you present your case best and hopefully get approval. Good luck

 

[Zimprincess]

fkl,
Thank you for your response. I do, thanks to God, have a very good job here with a high paying salary. And as I said my husband can show some funds too. I think we'll put together a succinct explanation letter and hope for the best. We can provide property papers and also explain that all his family remain in Pakistan.

Really great news posted above that SOWP acceptance in less than the stated time. I really hope it happens for us all too. There're few things worse than living away from the ones we love.

 

[nshakelly]

Hello Folks,

I have applied for my SOWP on April 29, 2016 (Online Application).

I am currently in Canada on a PGWP and doing a job which falls under NOC A. As per the guidelines on CIC website, I have submitted the following -

1) Marriage Certificate
2) My Open work permit
3) My Employment Letter - With NOC details, Salary, Duties etc
4) My Pay stubs
5) Spouse Medical
6) Spouse Photos
7) Spouse Passport copy (all pages)

Reading the conversation in this thread, I have noticed many applicants also providing "Bank Statements" as a support for proof of funds. However, I have not seen this as a requirement.

Is it mandatory to provide the funds proof? My lawyer never asked for it. I am worried if this would create any problem. Please provide me some insight.

 

[fkl]

Hello Folks,

I have applied for my SOWP on April 29, 2016 (Online Application).

I am currently in Canada on a PGWP and doing a job which falls under NOC A. As per the guidelines on CIC website, I have submitted the following -

1) Marriage Certificate
2) My Open work permit
3) My Employment Letter - With NOC details, Salary, Duties etc
4) My Pay stubs
5) Spouse Medical
6) Spouse Photos
7) Spouse Passport copy (all pages)

Reading the conversation in this thread, I have noticed many applicants also providing "Bank Statements" as a support for proof of funds. However, I have not seen this as a requirement.

Is it mandatory to provide the funds proof? My lawyer never asked for it. I am worried if this would create any problem. Please provide me some insight.

No it's not mandatory if you the principal spouse works and has a decent enough job to support family.

However, if your applicant spouse has had education / work experience etc. it would have positive impact on the application.

Again, by no means proof of funds is a requirement. So you are good.

 

[fkl]

fkl,
Thank you for your response. I do, thanks to God, have a very good job here with a high paying salary. And as I said my husband can show some funds too. I think we'll put together a succinct explanation letter and hope for the best. We can provide property papers and also explain that all his family remain in Pakistan.

Really great news posted above that SOWP acceptance in less than the stated time. I really hope it happens for us all too. There're few things worse than living away from the ones we love.

You are most welcome and glad to hear that you have a good job and hopefully that would make your spouse case case simple. All the very best.

 

[nshakelly]

No it's not mandatory if you the principal spouse works and has a decent enough job to support family.

However, if your applicant spouse has had education / work experience etc. it would have positive impact on the application.

Again, by no means proof of funds is a requirement. So you are good.

Hello fkl,

Thanks for your prompt response. My job is with a reputed Big 4 accounting firm, with a pay over $50K. I hope this is sufficient to satisfy the visa officer.

Also, my spouse has a Masters' from USA and worked for couple of years in India. However, has resigned from work just before wedding.

 

[fkl]

Hello fkl,

Thanks for your prompt response. My job is with a reputed Big 4 accounting firm, with a pay over $50K. I hope this is sufficient to satisfy the visa officer.

Also, my spouse has a Masters' from USA and worked for couple of years in India. However, has resigned from work just before wedding.

Hello nshakelly,

You are welcome. I hope your NOC is skilled i.e. 0, A or B and you provided ample proof of that (I now saw that you wrote so earlier) as part of your application.

Salary figures are less important since they vary significantly by age, experience, profession and location. So over 50k means nothing.

What matters is that whether your pay is better or at the very least same as the average for your NOC in your province.

If your spouse used to work at reasonable places, work experience letters being attached would have been a positive thing.

Update: You might be able to use following reference for getting an idea of wage
http://www.jobbank.gc.ca/LMI_report_bynoc.do?&noc=8431&reportOption=wage

 

[HARSH131010190]

hi guys ,
i am working NOC b level job in canada, and my wife is in india.
i am trying to apply for her spousal work permit online.i just checked that there is no option to attach my job latter, my stubs, invitation latter, my degree certificates.

and also i wanna attach my wifes property report and bank statement from india.

what should i do? where should i attch this all documents?

i am just getting this options..

1)imm 1295
2)passport
3) relationship proof

optional documents

1) imm 5257
2) explaination latter

where should i attach my job latter, my bank statement, my pay stubs, my degree and my wifes bank statement and property report.


please reply me guys...i appriciate your help...pls help me

 

[OpenWorkPermit]

Hello,

I'm applying for a new open work permit soon (I'm a software engineer). My wife is an international student in Québec, and more than 3 years left from now to finish her studies. I wish be with her as soon as possible.
Just for your info, I'm wondering for proof of funds, I got a rejection last month, because I got $10k into my account 10 days before submitting my bak statement among my funds's proof.

The reasons for my refusal as mentined below :

- Your chattels and your financial situation.
- Your Account statements show a lack of savings and a large deposit without a known source, I am not convinced with the source of these funds or their availability for you.


BTW, I got a precious suggestion from GreenHak, and many thanks to him, to Keep the funds for at least 3 more months in the same account to prove it belong to you and you have access to the same.


But just because I've also other facilities in my hands; I will got an explanatory letter for my new application stating the following :

* The amount is transferred from local company which is an offshore of a canadian company, as advance amount that will be deducted from my salary over a period of 3 years, later.
I asked for company assistance in facilitating the endeavour of joining my wife while she finishes her Ph.D. studies in Canada.

* The Company is committed to hiring me, at the Montreal office, if I manage to obtain a work permit from the Canadian Immigration authorities and for the entire period of my stay in Québec while my wife finishes her Ph.D studies.
Upon my return to my home country with my wife after she finishes her studies, I will back to my current job at the comapny branch office in my country.



Could you please help me with your expertise, if this is acceptable and if it will help me solve my situation.

Thanks a lot guys.

 

[ashpur88]

hi guys ,
i am working NOC b level job in canada, and my wife is in india.
i am trying to apply for her spousal work permit online.i just checked that there is no option to attach my job latter, my stubs, invitation latter, my degree certificates.

and also i wanna attach my wifes property report and bank statement from india.

Append all the documents you want to upload as one pdf along with a cover letter explaining each document that you have attached. Upload this document in the "Proof of relationship" tab. Explain in the cover letter that you had to do this because the online application does not have a separate link for these documents.

Alternatively, you can also upload these documents in the "Explanation Letter" link.

 

[nshakelly]

Hello nshakelly,

You are welcome. I hope your NOC is skilled i.e. 0, A or B and you provided ample proof of that (I now saw that you wrote so earlier) as part of your application.

Salary figures are less important since they vary significantly by age, experience, profession and location. So over 50k means nothing.

What matters is that whether your pay is better or at the very least same as the average for your NOC in your province.

If your spouse used to work at reasonable places, work experience letters being attached would have been a positive thing.

Update: You might be able to use following reference for getting an idea of wage
http://www.jobbank.gc.ca/LMI_report_bynoc.do?&noc=8431&reportOption=wage

I wish they do that kind of analysis. As per the reference link, I fall under the high category.

Hope all goes through well at a fast pace.

 

[vishnuvishal]

Hi,

My application got refused.. I have emailed CIC asking for the reason.. How long does it take for them to respond?

 

[Maaftgbkum]

When it was refused? And when u applied ?