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Spouse work permit: if the work permit holder is out of Canada, can the spouse apply for spouse work permit sucessfully?

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Newbie
Dec 12, 2023
2
0
Dear everyone,

My huasbnd holds a bridge work permit, but he is out of Canada. My post-graduate work permit will expire soon. I want to apply for spouse work permit to extend it. I read somewhere that if the work permit holder is out of Canada, the spouse work permit application will be rejected. I don't know if it is true. If you have similar experience, could you please share your thoughts? I really appreciate it.

When I answer the questionnaire in IRCC, there is a question asking

"Is your spouse a work permit holder" I answered "Yes".

I will have the "Open work permit" option to apply. Then there is a another question asking

"Are you accompanying a family member who has status in Canada?”
If I answered "No", there will be no place to upload my husband's work permit as the "proof of family member".
Only if I answered "Yes", there will be a place for "Proof of Family Member". But if I answer "Yes", but my husabnd is out of Canada, will this be a problem that I hide facts?

Please share your thoughts and experience. I really need help. I appreciate.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Dear everyone,

My huasbnd holds a bridge work permit, but he is out of Canada. My post-graduate work permit will expire soon. I want to apply for spouse work permit to extend it. I read somewhere that if the work permit holder is out of Canada, the spouse work permit application will be rejected. I don't know if it is true. If you have similar experience, could you please share your thoughts? I really appreciate it.

When I answer the questionnaire in IRCC, there is a question asking

"Is your spouse a work permit holder" I answered "Yes".

I will have the "Open work permit" option to apply. Then there is a another question asking

"Are you accompanying a family member who has status in Canada?”
If I answered "No", there will be no place to upload my husband's work permit as the "proof of family member".
Only if I answered "Yes", there will be a place for "Proof of Family Member". But if I answer "Yes", but my husabnd is out of Canada, will this be a problem that I hide facts?

Please share your thoughts and experience. I really need help. I appreciate.
If your spouse isn’t living in Canada then you wouldn’t qualify for an SOWP which is a WP to allow a spouse to join their partner in Canada. When is your spouse scheduled to return to Canada and how long have they been gone? Are they waiting to receive PR and is their PR dependent on a job offer? If you hide facts that is considered misrepresentation and could lead to an up to 5 year ban from Canada which would also impact any of your husband’s IRCC applications.

What express entry program did your husband apply to? When did he receive ITA? If he applied in 2018 and there is an issue with his security check then you really need to be working with a lawyer. Most express entry applications should not take 5 years.