Student Permit and Open Work Permit

[aifrobles]

Hi Hello,

I need help if this plan would work on us so we could able to stay further in Canada. I'm currently on a study permit, and I'll be finishing in April 2024. I have extended our stay in the past, and then i'm extending for another 3 months so I could have more time to finish my studies. However, my problem is that I already knew that I'm going to get a refusal to get the PGWP (post-graduate work permit) after graduating because I had part-time semesters due to failure during the Covid pandemic. I've remained resilient after that, and now I'm soon to graduate. So, I'm planning to skip the PGWP application. So, my question now is if my husband would get a study permit for a two year duration program in Canada right before I graduate, and then I'll be his dependent. Will I get an open-work permit through him without getting PGWP? In my understanding from their website, I am eligible at least one of the following? Am I correct?

Who can apply for an open work permit?
You may be eligible for an open work permit if you

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
• are a student who’s no longer able to meet the costs of your studies (destitute student)
• have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
• are a dependent family member of someone who applied for permanent residence
• are the spouse, common-law partner or dependent child of a low- or high-skilled worker
• are the spouse or common-law partner of an international student
• are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or the Atlantic Immigration Program
• are a refugee, refugee claimant, protected person or their family member
• are under an unenforceable removal order
• are a temporary resident permit holder
• are a young worker participating in special programs
• are in Canada and being sponsored as a spouse, common-law partner, conjugal partner or accompanying dependent child

 

[Naturgrl]

Hi Hello,

I need help if this plan would work on us so we could able to stay further in Canada. I'm currently on a study permit, and I'll be finishing in April 2024. I have extended our stay in the past, and then i'm extending for another 3 months so I could have more time to finish my studies. However, my problem is that I already knew that I'm going to get a refusal to get the PGWP (post-graduate work permit) after graduating because I had part-time semesters due to failure during the Covid pandemic. I've remained resilient after that, and now I'm soon to graduate. So, I'm planning to skip the PGWP application. So, my question now is if my husband would get a study permit for a two year duration program in Canada right before I graduate, and then I'll be his dependent. Will I get an open-work permit through him without getting PGWP? In my understanding from their website, I am eligible at least one of the following? Am I correct?

Who can apply for an open work permit?
You may be eligible for an open work permit if you

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
• are a student who’s no longer able to meet the costs of your studies (destitute student)
• have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
• are a dependent family member of someone who applied for permanent residence
• are the spouse, common-law partner or dependent child of a low- or high-skilled worker
• are the spouse or common-law partner of an international student
• are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or the Atlantic Immigration Program
• are a refugee, refugee claimant, protected person or their family member
• are under an unenforceable removal order
• are a temporary resident permit holder
• are a young worker participating in special programs
• are in Canada and being sponsored as a spouse, common-law partner, conjugal partner or accompanying dependent child

No you are not eligible for an open work permit, if your husband gets a study permit. You need to find a job offer with LMIA to apply for a closed work permit. IRCC closed the loophole on that a few years ago.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal foreign national (the student or the worker in a NOC 0, A, or B job), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible.

You are the principal foreign national as you are the first person who got the permit. So not eligible if spouse gets a study permit.

https://meurrensonimmigration.com/open-spousal-work-permits-after-september-27-2021/

So you may want to consider another program and complete your studies full time. Then your husband can work too.