Spouse Open Work permit

[rbnayak]

My Timeline:::::::::::::::::::::::::::::::::::::::::::::::::

SOWP Online : 2nd December,2015

Medical Request: 4th January, 2016


waiting for the next...

 

[nurat]

For those applying in Canada... any known application dates for which SOWP has come through?

 

[fkl]

Hello
I work in Canada - NOC A and my spouse will be reaching here to join me this Thursday.
He wants to apply for an SOWP at PoE but we are NOT from a Visa Exempt country.
Can he still go ahead and apply for it ( he already has his upfront medicals cleared) or is there any risk in this?
If someone has been in this situation or has any idea, could you please advice on what the best course of action should be?

There is certainly risk in this, because CBSA can always say that you are not eligible to apply for work permit at the POE. Usually there is exemption for people who are already in Canada on work permit and get it renewed at the border. But a first timer from a visa required country, can always get into trouble.

In my opinion the best course of action is to apply at your home country or at least get a trv and enter Canada on visit status and they apply from inside Canada. Though getting only visitor trv might be equally tough. Having done medicals would be good but is not the only factor. Plus CBSA does not have means to evaluate medical records.

 

[vagaur]

hi,
this is cali,,i need to confirm with u reg the work permit,i also work in Noc C,I got AINP in june,applied for PR,got file,,can u guide ,,so i apply for open work permit for my husband who is IN india..waiting for ur valuable reply..th u so much

Hey cali

I am really sorry, unfortunately the rules got changed. According to the new rule if you have your work permit on the basis of your PNP only then NOC C category workers can apply for their SOWP otherwise the workers on post graduate work permit has to have NOC O A B regardless of their PNP or PR application.

Regards
vagaur

 

[Vasantam]

I got request for passport today. Does it mean that I got OWP? I think they are processing december first week applications now.

I have applied on december 4th with upfront medicals. Did not get any reply. Did you get yours? How to check the application dates of current processing applications?

 

[rbnayak]

I got request for passport today. Does it mean that I got OWP? I think they are processing december first week applications now.

Congratulations.. Its approved.. party time. Enjoy.

 

[cali]

Hey cali

I am really sorry, unfortunately the rules got changed. According to the new rule if you have your work permit on the basis of your PNP only then NOC C category workers can apply for their SOWP otherwise the workers on post graduate work permit has to have NOC O A B regardless of their PNP or PR application.

Regards
vagaur

hi Vagaur,
Thank you for your reply,,
todsy i got my BRIDGING open work permit ,and i applied through PNP Category only,,willl apply and see
thanks

 

[guillecr]

There is certainly risk in this, because CBSA can always say that you are not eligible to apply for work permit at the POE. Usually there is exemption for people who are already in Canada on work permit and get it renewed at the border. But a first timer from a visa required country, can always get into trouble.

In my opinion the best course of action is to apply at your home country or at least get a trv and enter Canada on visit status and they apply from inside Canada. Though getting only visitor trv might be equally tough. Having done medicals would be good but is not the only factor. Plus CBSA does not have means to evaluate medical records.

Hello, i Just came from my country after clearing immigration at Toronto airport I went to talk to an immigration officer the same question because my wife is coming to canada next Tuesday, I have been clearly told that unless she is from a visa exempt country She can not apply for the work permit. What I'm planning to do is going to the border after she is inside Canada a do flag polling. What you guys think about it?

We also applied last December for the owp online, do you guys know the processing time for inside canada applications?

 

[fkl]

Hello, i Just came from my country after clearing immigration at Toronto airport I went to talk to an immigration officer the same question because my wife is coming to canada next Tuesday, I have been clearly told that unless she is from a visa exempt country She can not apply for the work permit. What I'm planning to do is going to the border after she is inside Canada a do flag polling. What you guys think about it?

We also applied last December for the owp online, do you guys know the processing time for inside canada applications?

That is precisely what I was suggesting above although I have heard of occasional cases who got it, I never heard any actual rules allowing it.

Yes you can do a flag pole if you are already in Canada on a valid visa and get a work permit. Basically you don't need a visa to enter from US if you were legally admitted to Canada originally. I have done that though all of this was supported by my employer's lawyer at the time.

Applying from inside Canada for a work permit was / is taking upwards of 4 months right now. I recently saw some changes on cic's estimations page leading me to think they are trying to process all new applications in a month (Jan 2016) where as the back log would still take 4 months. But that is not obvious yet. So let's see.

 

[kyle]

hi fkl,

thanks for the info. sorry failed to mention the details.
my CLP previously is a student visa holder, and yes recently he was approved for a 3 years PGWP.
we have enough documents showing proof of our Common law relationship (statutory declaration form, joint accounts in the bank, joint properties, birth certificate of our son, monthly remittances, emails, pictures together, and some contract of residence when he was still here in our country)

He is also now working under NOC B, and may be able to submit a 3 month period payslip enough for family of 3.

Im not really sure how possible will things go with the representative in Canada.
She suggested that my CLP will apply us, me and my 3 y/o son, through IN CANADA APPLICATION... using his MYCIC ACCOUNT.
That is why until now im still confused how reliable this process will be.
And if so, how long is the processing time.

Im still here in my country...
And he is in Vancouver, BC...

thank you in advance...

HI fkl...

i have to ask another question... my CLP is working as an ORTHOTIC TECHNICIAN (skilled - NOC B)
But we are worried it's only on a PART-TIME basis. the employer haven't cleared their job offer yet for FULL-TIME. And it is really indefinite when.
Part-time on a high rate offer though.

would it still be possible to apply us for SOWP AND TRV for my son, if he is under PGWP with part-time skilled job? and can we just include a Settlement Plan regarding the intent of the employer to renew their contract on full-time.

another thing,
regarding the question about applying IN-CANADA through my CLP's MYCIC ACCOUNT...
we have filled up forms showing that he can actually apply us there. We verified with the representative...

may you please re-check the credibility?

IMM 5713 (12-2012) E
USE OF A FAMILY MEMBER REPRESENTATIVE FOR ONLINE APPLICATIONS

The first statement states:

This form is for family members who wish to apply online together in one MyCIC Submission. To do so, all members must complete this form (one per family) to appoint the family member whose My CIC account will be used to submit the applications

thank you in advance for your reply..

 

[fkl]

HI fkl...

i have to ask another question... my CLP is working as an ORTHOTIC TECHNICIAN (skilled - NOC B)
But we are worried it's only on a PART-TIME basis. the employer haven't cleared their job offer yet for FULL-TIME. And it is really indefinite when.
Part-time on a high rate offer though.

would it still be possible to apply us for SOWP AND TRV for my son, if he is under PGWP with part-time skilled job? and can we just include a Settlement Plan regarding the intent of the employer to renew their contract on full-time.

another thing,
regarding the question about applying IN-CANADA through my CLP's MYCIC ACCOUNT...
we have filled up forms showing that he can actually apply us there. We verified with the representative...

may you please re-check the credibility?

IMM 5713 (12-2012) E
USE OF A FAMILY MEMBER REPRESENTATIVE FOR ONLINE APPLICATIONS

The first statement states:

This form is for family members who wish to apply online together in one MyCIC Submission. To do so, all members must complete this form (one per family) to appoint the family member whose My CIC account will be used to submit the applications

thank you in advance for your reply..

Hi kyle,

You are most welcome.

Unfortunately from my limited knowledge, working part time COULD get you a refusal and wages irrespective of being high would show up less when they compare it with salary of some one working in the same role full time.

If it is close to that amount and your employer can provide some supporting letter for continued employment and the figures he make still look reasonable to support a family viewing a NOC B job, you might still be granted visas.

I don't remember CIC being THAT strict about FULL TIME job for this case as opposed to say validated job offer for express entry. So it might be worth trying. But keep in mind that their is a possibility of refusal.

Lastly, sure you can always applying together online. That does not mean your application will be processed in side Canada as well.

AFAIK that is decided based upon your country of residence or citizenship indicated on the form. In very exceptional cases, CIC might choose to process those all together at some other visa office but that is their discretion and you have no control over it. Your expectation should be the same processing time as for the embassy catering your current country of residence.

They might approve your spouse (Principal applicant) separately and process you latter, even if you apply together. Still it is better to submit a single application since that gives CIC a clearer picture.

 

[mfm]

Hi FKL,

I applied for a SOWP for my wife. She got her medical on Nov 19 and her medicals status was updated as "passed" on 24th December. Still waiting for the Passport request. I thought it would take
less than 10 days, do you know if any one has faced delays after the medical status is updated to Passed


Thanks
mfm

 

[env]

Hi FKL,

I applied for a SOWP for my wife. She got her medical on Nov 19 and her medicals status was updated as "passed" on 24th December. Still waiting for the Passport request. I thought it would take
less than 10 days, do you know if any one has faced delays after the medical status is updated to Passed


Thanks
mfm

Hey mfm it was a holiday time period (Christmas & new year) , possibly thats the reason of delay here.

Can you plz share your timelines here, when did you submit sowp application, how long it took to get that medical request ?

 

[mfm]

Hey mfm it was a holiday time period (Christmas & new year) , possibly thats the reason of delay here.

Can you plz share your timelines here, when did you submit sowp application, how long it took to get that medical request ?

Hi env,

I agree holiday season is going on, but i know one person got PPR on 31st Dec and got visa on 6th Jan!

applied 16th May, 2015 online SOWP from Islamabad
medical request 19th November 2015
medical passed 24th November....
Waiting for PPR..

 

[fkl]

Hi FKL,

I applied for a SOWP for my wife. She got her medical on Nov 19 and her medicals status was updated as "passed" on 24th December. Still waiting for the Passport request. I thought it would take
less than 10 days, do you know if any one has faced delays after the medical status is updated to Passed


Thanks
mfm

Hi mfm,

If meds passed on Dec. 24, its not enough time passed to be worried in any way. Hopefully PPR should be coming in soon. This is not delay IMHO. Another 10 days or so and you should get PPR hopefully.