Spouse Open Work permit

[maksal786]

Thanks fkl.

The university and his Masters program are eligible for SOWP. But since i had applied for OWP and not just WP the refusal reason seems not proper " You have not demonstrated that you come within the exceptions under section 186 of the
Regulations exempting you from the requirement to obtain a work permit or that your
employment in Canada comes within the exceptions to section 203 of the Regulations. As a
result, your offer of employment must be the subject of an economic effect determination before
a work permit can be issued to you. Your employer in Canada should contact the local office of
Service Canada to begin this process."
This reason is valid if only any employer has offered me a job and they are not with the employment Norms right ?

Can you please tell me the procedure to apply for gcms notes, how and where and wats the turnaround time for this?

Thanks

nameka,

What document did you include of your husband to prove that he is an International student ?

 

[kamatmahesh]

REPLY FROM FKL--

Hi M,

Glad i could be of help.

If you have enough evidence of your marriage in 2014 when you register it, then it should be fine.

Still i would say you should add her to your PR application BEFORE applying for SOWP. It might get through fine with out that (things look fine on your case), but you never know if a visa officer panics and checks whether she is there on your PR or not. Or you could do both at the same time and let CIC know along.

There can always be a rejection for some xyz reason that one would not have considered. So it is never sure until actually done. But over all your case looks pretty solid. Just that if i were in your place, i would like to add some indication (even a letter that we are just married so i would be adding her to my PR app soon as well) along. That is just my opinion with limited knowledge of dual intent.

Perhaps its better to look at details of dual intent first and see if you could find something useful.

----------------------------------------------------------------------------------------------------------
Hello fkl, sorry I didn't know how to reply to your earlier post and used this approach. Apologies

So on my recent trip to India, I did get my registered marriage done and have handed over all the necessary documents per mentioned in the application package for my wife to apply for the Spousal Open Work Permit along with the Temporary Resident Visa(TRV) to come to Canada. I am back in Canada and have been thinking about the dual intent that you told me about.

As I have only recently applied for my PR and haven't received the AOR yet (will probably get it around week 2 in Dec), would it still be safe to have her apply for SOWP, so that even if the officer checks, he wont find my application on his system. As per my research, if I just send an email to - CPCM-EXTCOM@cic.gc.ca w/ subject line - Change in personal circumstances(from the cic website) should this email be sufficient to let them know of my status change while my PR application is in process ?

Adding her name to my PR application involves a bunch of paper work and just the marriage certificate with few photographs from the ceremony is not enough I believe. Your help is appreciated here !

thanks,
M

 

[fkl]

Hi M,

I am sorry but my knowledge about PR process is limited. I haven't been through it myself. Even with what i know from others, yours might be a bit tricky.

But usually people add their spouses to PR application first, and then apply for SOWP.

I don't know enough to comment upon whether sending email for change in personal circumstances would be enough.

But here is what i think.

AOR normally comes with in 2-3 months. So you applied for PR then went back to india, got married, came back and your spouse applied for SOWP. This all sounds like too much of a time duration for me to say "oh i just got married and haven't added her to my file".

I am saying this based upon CIC's instructions that probably we all have seen which asks for informing them about change of your marital status as soon as it happened.

So if i were in your shoes i would first inform them and ask about the procedure to add her. So at least i am mid way through adding her on PR file.

Bottom line still is - if they evaluate and find your application alone in the PR category, that might count negative.

I am also wondering that marriage doesn't occur - emmm outright. So if you knew you would be marrying in the next few months, didn't you consider amending PR application at the time of submission? I find that a bit strange. I just hope VO doesn't, better yet they don't even find about your PR app.

If they think, it's too soon, they might just delay your application for a few months to see if a PR app might be in. You never know.

Still this is all logical thought process from my very limited knowledge of dual intent. Rest, see for yourself or call CIC helpline.

 

[alijumani]

REPLY FROM FKL--

Hi M,

Glad i could be of help.

If you have enough evidence of your marriage in 2014 when you register it, then it should be fine.

Still i would say you should add her to your PR application BEFORE applying for SOWP. It might get through fine with out that (things look fine on your case), but you never know if a visa officer panics and checks whether she is there on your PR or not. Or you could do both at the same time and let CIC know along.

There can always be a rejection for some xyz reason that one would not have considered. So it is never sure until actually done. But over all your case looks pretty solid. Just that if i were in your place, i would like to add some indication (even a letter that we are just married so i would be adding her to my PR app soon as well) along. That is just my opinion with limited knowledge of dual intent.

Perhaps its better to look at details of dual intent first and see if you could find something useful.

----------------------------------------------------------------------------------------------------------
Hello fkl, sorry I didn't know how to reply to your earlier post and used this approach. Apologies

So on my recent trip to India, I did get my registered marriage done and have handed over all the necessary documents per mentioned in the application package for my wife to apply for the Spousal Open Work Permit along with the Temporary Resident Visa(TRV) to come to Canada. I am back in Canada and have been thinking about the dual intent that you told me about.

As I have only recently applied for my PR and haven't received the AOR yet (will probably get it around week 2 in Dec), would it still be safe to have her apply for SOWP, so that even if the officer checks, he wont find my application on his system. As per my research, if I just send an email to - CPCM-EXTCOM @ cic.gc.ca w/ subject line - Change in personal circumstances(from the cic website) should this email be sufficient to let them know of my status change while my PR application is in process ?

Adding her name to my PR application involves a bunch of paper work and just the marriage certificate with few photographs from the ceremony is not enough I believe. Your help is appreciated here !

thanks,
M

I am sorry, you lost me. First thing first when did you get married and when did you applied for PR.

Secondly, all the economic permanent residence applications i.e. FSW, FSTW, PNP and CEC pre accessed at CIO Sydney. All applicant no matter from which part of world they are should must send their application package to CIO Sydney officer of pre assessment once the assessment is done by CIO they transfer the file to relevant Visa office and you will notified by email "acknowledge of receipt" e.g. for CEC files transfer to CPC Ottawa.

 

[alijumani]

Hi M,

I am sorry but my knowledge about PR process is limited. I haven't been through it myself. Even with what i know from others, yours might be a bit tricky.

But usually people add their spouses to PR application first, and then apply for SOWP.

I don't know enough to comment upon whether sending email for change in personal circumstances would be enough.

But here is what i think.

AOR normally comes with in 2-3 months. So you applied for PR then went back to india, got married, came back and your spouse applied for SOWP. This all sounds like too much of a time duration for me to say "oh i just got married and haven't added her to my file".

I am saying this based upon CIC's instructions that probably we all have seen which asks for informing them about change of your marital status as soon as it happened.

So if i were in your shoes i would first inform them and ask about the procedure to add her. So at least i am mid way through adding her on PR file.

Bottom line still is - if they evaluate and find your application alone in the PR category, that might count negative.

I am also wondering that marriage doesn't occur - emmm outright. So if you knew you would be marrying in the next few months, didn't you consider amending PR application at the time of submission? I find that a bit strange. I just hope VO doesn't, better yet they don't even find about your PR app.

If they think, it's too soon, they might just delay your application for a few months to see if a PR app might be in. You never know.

Still this is all logical thought process from my very limited knowledge of dual intent. Rest, see for yourself or call CIC helpline.

I second that. However, just want to add my 2 cents. Applicants must inform CIC regarding any changes occur or going to occur in near future in their family composition e.g: Marriage, Divorce, Birth and Death.

 

[kamatmahesh]

Thanks fkl and alijumani

I applied for my PR on Sept 29, 2014 and got married on Nov 4 2014. I did consult a few people, including an immigration lawyer and I need your 2 cents on this.

If the best course of action is to let CIC know about my change in marital status, I would definitely add her to my PR application, this way there is no angle of dual intent to the whole equation.

Simultaneously, I can ask my wife in India to apply for the SOWP, which again takes around 2-3 months. This way, whenever the immigration officer chooses to take a look, there is no discrepancy and it looks on the same page.

In my understanding, dual intent specifically means a person who is planning to apply for permanent residency and wants to stay on a temporary visa at the same time. I don't believe this would apply to his spouse per se, again I could be wrong, but this is my 2 cents.

Thoughts ?

 

[alijumani]

Thanks fkl and alijumani

I applied for my PR on Sept 29, 2014 and got married on Nov 4 2014. I did consult a few people, including an immigration lawyer and I need your 2 cents on this.

If the best course of action is to let CIC know about my change in marital status, I would definitely add her to my PR application, this way there is no angle of dual intent to the whole equation.

Simultaneously, I can ask my wife in India to apply for the SOWP, which again takes around 2-3 months. This way, whenever the immigration officer chooses to take a look, there is no discrepancy and it looks on the same page.

In my understanding, dual intent specifically means a person who is planning to apply for permanent residency and wants to stay on a temporary visa at the same time. I don't believe this would apply to his spouse per se, again I could be wrong, but this is my 2 cents.

Thoughts ?

Question is you knew that you are getting married on November 04, 2014 so why did you hurry to sent your application as single applicant. You should have wait for an another week well whats done is done. Your situation is really tricky, I would wait to get an AOR upon receiving of aor I would send all the necessary documents and forms to add spouse. Once CIC confirm then will going to apply for SOWP.

For dual intent in your case your spouse should must satisfy that she will leave country before the authorize stay will over. Although she is in your CEC file as dependent but VO still need satisfaction that applicant going to leave Canada and would not over stay.

 

[fkl]

You are welcome M,

As much as i understand, Dual intent is for every applicant, irrespective of whether it's the principal or spouse. I don't know what makes you think it only applies to you and not to your spouse. The same concerns would come when they evaluate her application i.e. will she stay illegally in Canada or not if he work permit expires and she doesn't have another option

Update:
And yes i would ask the same question that Ali pointed out. Given your current circumstances, if i were in your shoes, i wont put in a work permit application unless i am SURE CIC IS WELL INFORMED and have put this to my file

 

[tvchik]

Hello All, I am new to the forum. I've read a lot of posts, its been very helpful. I want to apply for the SOWP online and have filled in the forms and have all the documents available. However, I only have space to upload only the Proof of marriage, The forms, Pictures, only the things requested on my checklist. Do I just send the application without any other documents. I am worried that if I submit only the requested documents, my application may not be so strong. Please help.

 

[fkl]

Hello All, I am new to the forum. I've read a lot of posts, its been very helpful. I want to apply for the SOWP online and have filled in the forms and have all the documents available. However, I only have space to upload only the Proof of marriage, The forms, Pictures, only the things requested on my checklist. Do I just send the application without any other documents. I am worried that if I submit only the requested documents, my application may not be so strong. Please help.

Hi tvchik,

For those docs that do not have a separate place to upload, combine them in a single pdf, while having a table of contents on first page. So they know what documents are you adding and for what purpose.

 

[moahammadi740]

Dear Friends,
Im new here, please advise,
Im In Canada with work permit and i got my nomination and i applied PR on Feb, but i dont know can i apply SOWP for my wife to come here ?

 

[fkl]

Dear Friends,
Im new here, please advise,
Im In Canada with work permit and i got my nomination and i applied PR on Feb, but i dont know can i apply SOWP for my wife to come here ?

Generally speaking being on a work permit, you are only eligible for a SOWP if you have a skilled job (NOC 0, A or B).

But as far as i can recall, probably that requirement is relaxed once you are nominated by a province. This is assuming that you applied with your Spouse for PR, correct?

 

[dave1987]

hey guys,,i am new to this forum,,i am a provincial nominee,,i applied the ainp incuding my wife as dependent,,and got the approval in july,,now our file for PR is in process..we both are done with medical,,i want to apply for open work pemit for my spouse,,i called cic,,and they sent me the application form 5210..i dont know how to inculde the details in this form for the spouse,,i need your help guys,,thanks in adavnce..

 

[Inthemidst]

Not likely to be approved of what .. is it TRV or open workpermit
[/quote


But thr are case were visiting visa was rejected twice and thn OWP was approved..

 

[Varun123]

Hello Folks,

I applied for my spouse SOWP October 20, I got email from CIC today saying your Spouse work permit has been approved.

Does this mean my spouse will also get visa for sure..??

I also got message saying your spouse passport has been dispatched today,

Please reply

Thank you