Spouse Open Work permit

[Steffans]

For SOWP..
Can someone apply for WES before you come in to canada or when u get to canada and is it compulsory to do it?

Thanks!

 

[Batman4789]

Hi Fkl,

I am new to this forum and I recently got married.
I am currently planning to apply for SWOP for my wife and i want to know what documents i need and what is the procedure for SWOP.

My wife Lives in INDIA. Please help me sooner.

Thank You.

 

[MKayes]

Urgent advise required

Dear Experts/ Seniors/ FKL,

Appreciate if you please suggest me on the following issue.

I am a Permanente Resident under FSWP since May 2015. I have employed with “Skill A” category job since November 2015. Recently I got Married on February 12, 2015 and my wife live in Bangladesh.

Now my question is-
- Will my spouse be eligible to apply for Open Work Permit as I am a skilled worker with Skill A category job??

Appreciate your prompt response.

Regards,
Kayes.

 

[GreenHak]

Hi All,

I am going to apply for SOWP as a spouse of international student in Canada.

Following are the documents I am going to submit

Spouse documents

1) Study Permit Copy

2) Enrolment letter copy

3) One year fee receipt (she is doing two years master's program)

4) GIC statement

5) Bank account statement in India

6) Invitation letter from spouse

My documents

1) Statement of purpose

2) Auditor certificate on my properties

3) 2 Payslips

4) Letter from my current employer in India

5) My degree certificates

Please let me know if there is anything else I should add with it.

How much funds I have to show all together.

 

[salvatore270]

Hi everybody!

I am soon going to withdraw from my PhD program; my spouse came with me with an OWP based on my PhD study permit. Now, I know that once you withdraw from school, you have 90 days to leave Canada.

My question is:
once I withdraw from school, can my partner keep working for some of these 90 days on her OWP?

Example: "I withdraw on March 10, can my partner keep working until May 10?"

Thanks!

 

[fkl]

Hi Fkl,

I am new to this forum and I recently got married.
I am currently planning to apply for SWOP for my wife and i want to know what documents i need and what is the procedure for SWOP.

My wife Lives in INDIA. Please help me sooner.

Thank You.

Hi Batman,

The procedure is pretty much standard and the docs are the same you would find when you try filling in a work permit application. Since it is based upon spouse, it depends what what status you have in Canada.

But in general you can apply online or on paper. It will still most probably be processed in India (current residence of your spouse). Your spouse would be the applicant (i.e. you cannot apply on her behalf).

But you have to attach detailed proof of relationship (pictures, track of regular contact, wedding event details), your current status (work permit etc.), proof that you hold a skilled job (so your spouse is eligible for SOWP)

 

[fkl]

Dear Experts/ Seniors/ FKL,

Appreciate if you please suggest me on the following issue.

I am a Permanente Resident under FSWP since May 2015. I have employed with “Skill A” category job since November 2015. Recently I got Married on February 12, 2015 and my wife live in Bangladesh.

Now my question is-
- Will my spouse be eligible to apply for Open Work Permit as I am a skilled worker with Skill A category job??

Appreciate your prompt response.

Regards,
Kayes.

Hi Kayes,

There would be major problems with your case.

Firstly, spouse of a PR can only be sponsored for PR in family class. So you cannot apply for a work permit for your spouse unless you yourself were on work permit. The only exception is that your spouse was already in Canada and you applied for sponsorship IN LAND. Then for continuation of her stay while her PR processes, she could get an Open work permit.
But she cannot get an open work permit for an outland application (since she is in Bangladesh).

Secondly, more severe issue. You have been PR since May 2015, but you were married in Feb 2015. Then how come she was not included in your PR application?

Assuming you actually got married in Feb 2015 on paper and didn't disclose it to CIC. PR process has very clear instructions. Even if your case is approved and you have received COPR BUT HAVE NOT LANDED yet, but you got married, you can no longer land on the same docs. You have to inform CIC, they would include and process your spouse (much faster) and then complete your PR process.

Unfortunately (and I hate to tell you this), if you haven't included her previously and unless I misunderstood something, you won't be able to sponsor your spouse - ever. Worst, they might consider this misrepresentation and revoke your PR.

The only exception to this would be - if you actually GOT MARRIED AFTER getting PR i.e. landing.

You have to prove this with documents - and then apply for Spousal PR sponsorship

 

[fkl]

Hi All,

I am going to apply for SOWP as a spouse of international student in Canada.

Following are the documents I am going to submit

Spouse documents

1) Study Permit Copy

2) Enrolment letter copy

3) One year fee receipt (she is doing two years master's program)

4) GIC statement

5) Bank account statement in India

6) Invitation letter from spouse

My documents

1) Statement of purpose

2) Auditor certificate on my properties

3) 2 Payslips

4) Letter from my current employer in India

5) My degree certificates

Please let me know if there is anything else I should add with it.

How much funds I have to show all together.

Invitation letter is irrelevant. Your spouse is not a PR or citizen to sponsor some one.

More important is proof of relationship. If its a recent marriage (no kids), you better include more docs (pictures, proof of contact, wedding event details etc.) in addition to official marriage certificate.

Another important doc, get a recent letter / semester result etc. from her university showing she is currently studying there satisfactorily.

Technically you need to show enough funds for one year's expense. In addition to your spouse who is already there and must have shown funds, you need 6-7k CAD. Its better to have around 11-12k which is funds requirement for a single applicant. But don't go higher than that since that would have reverse effect.

 

[fkl]

Hi everybody!

I am soon going to withdraw from my PhD program; my spouse came with me with an OWP based on my PhD study permit. Now, I know that once you withdraw from school, you have 90 days to leave Canada.

My question is:
once I withdraw from school, can my partner keep working for some of these 90 days on her OWP?

Example: "I withdraw on March 10, can my partner keep working until May 10?"

Thanks!

Yes they can continue working for those 90 days. The only requirement is that the work permit is valid for any time frame that you work.

In fact I am not sure what you said is right in the first place.

May be its because it is about study permit and my knowledge is relatively limited on that.

But generally any work permit issued in Canada remains valid till its expiry i.e. if I am here on a closed work permit and I loose that job (laid off or resigned myself), I cannot work for another company, but I can continue to live in Canada until the expiry of that work permit.

If some one has an open work permit, they can continue working for ANY employer till the expiry of their work permit.

90 days in general is the period of restoration AFTER the expiry of work / study permit. Technically you should leave on the last day of your permit's validity. Beyond that you have to apply for restoration of status and justify to CIC with a very good reason WHY you got out of status in the first place.

 

[MKayes]

Hi Kayes,

There would be major problems with your case.

Firstly, spouse of a PR can only be sponsored for PR in family class. So you cannot apply for a work permit for your spouse unless you yourself were on work permit. The only exception is that your spouse was already in Canada and you applied for sponsorship IN LAND. Then for continuation of her stay while her PR processes, she could get an Open work permit.
But she cannot get an open work permit for an outland application (since she is in Bangladesh).

Secondly, more severe issue. You have been PR since May 2015, but you were married in Feb 2015. Then how come she was not included in your PR application?

Assuming you actually got married in Feb 2015 on paper and didn't disclose it to CIC. PR process has very clear instructions. Even if your case is approved and you have received COPR BUT HAVE NOT LANDED yet, but you got married, you can no longer land on the same docs. You have to inform CIC, they would include and process your spouse (much faster) and then complete your PR process.

Unfortunately (and I hate to tell you this), if you haven't included her previously and unless I misunderstood something, you won't be able to sponsor your spouse - ever. Worst, they might consider this misrepresentation and revoke your PR.

The only exception to this would be - if you actually GOT MARRIED AFTER getting PR i.e. landing.

You have to prove this with documents - and then apply for Spousal PR sponsorship

Thanks FLK.

Sorry for the typo. My marriage date would be 12 February 2016. Thanks for you advie.

 

[GreenHak]

Invitation letter is irrelevant. Your spouse is not a PR or citizen to sponsor some one.

More important is proof of relationship. If its a recent marriage (no kids), you better include more docs (pictures, proof of contact, wedding event details etc.) in addition to official marriage certificate.

Another important doc, get a recent letter / semester result etc. from her university showing she is currently studying there satisfactorily.

Technically you need to show enough funds for one year's expense. In addition to your spouse who is already there and must have shown funds, you need 6-7k CAD. Its better to have around 11-12k which is funds requirement for a single applicant. But don't go higher than that since that would have reverse effect.

Thanks for the reply bro.

She haven't got her semester result yet. She only have actual answer sheets in which she was marked by her professor. Can that be acceptable ?

 

[fkl]

Thanks for the reply bro.

She haven't got her semester result yet. She only have actual answer sheets in which she was marked by her professor. Can that be acceptable ?

You are most welcome. A letter from university would actually be much better, that she actually joined and is satisfactorily continuing her program. It could still just be a letter from one of her professors but on university's official letter head or something.

 

[GreenHak]

You are most welcome. A letter from university would actually be much better, that she actually joined and is satisfactorily continuing her program. It could still just be a letter from one of her professors but on university's official letter head or something.

Great. I have another doubt. Is it appropriate to mention 'dependent' anywhere in the cover letter or wherever I have to mention the type of visa I am applying for.

For example in the Subject of the cover letter

'Sub: Request to issue dependent (Open Work Permit) visa to stay with my spouse in Canada.'

I am finding it bit inappropriate as I cannot be a dependent of my wife who is a student there and OWP cannot be considered as a dependent visa.

Please correct me if I am wrong and show the right direction on what to mention in place of the type of visa.

And please FKL, check your pm when you get time .

Thanks for all the help and shedding light on my doubts.

 

[salvatore270]

Yes they can continue working for those 90 days. The only requirement is that the work permit is valid for any time frame that you work.

In fact I am not sure what you said is right in the first place.

May be its because it is about study permit and my knowledge is relatively limited on that.

But generally any work permit issued in Canada remains valid till its expiry i.e. if I am here on a closed work permit and I loose that job (laid off or resigned myself), I cannot work for another company, but I can continue to live in Canada until the expiry of that work permit.

If some one has an open work permit, they can continue working for ANY employer till the expiry of their work permit.

90 days in general is the period of restoration AFTER the expiry of work / study permit. Technically you should leave on the last day of your permit's validity. Beyond that you have to apply for restoration of status and justify to CIC with a very good reason WHY you got out of status in the first place.

Thanks! Yes, the open work permit expires in 2019, so it would be amply within expiry limits.

I was told on this forum that once you withdraw from school, then you have 90 days to leave Canada; if you wait more than 90 days, then you would need to change status from student to visitor. (?)

 

[fkl]

Great. I have another doubt. Is it appropriate to mention 'dependent' anywhere in the cover letter or wherever I have to mention the type of visa I am applying for.

For example in the Subject of the cover letter

'Sub: Request to issue dependent (Open Work Permit) visa to stay with my spouse in Canada.'

I am finding it bit inappropriate as I cannot be a dependent of my wife who is a student there and OWP cannot be considered as a dependent visa.

Please correct me if I am wrong and show the right direction on what to mention in place of the type of visa.

And please FKL, check your pm when you get time .

Thanks for all the help and shedding light on my doubts.

You are most welcome. I will also reply to your PM shortly.

Spousal open work permit is certainly a dependent visa. In work permit type, you would choose "Open"

And in employer details - you have to write "Not Applicable - Spousal OWP". I am talking about the actual work permit form. Cover letter is totally your own choice to include. It is mainly to explain any specific complexities which I don't see in your case.

You certainly are getting a dependent visa. Otherwise, you cannot get a work permit unless an employer offers you a job and first get a Labor market impact assessment (LMIA) in which they have to prove they could not find a Canadian or PR for the said job and only you have the qualifications needed.