Urgent help: Open work Permit and Study permit both valid

[PepsiBoy2]

Hi folks,
I am international student at the Edmonton campus of UofL in the second degree program. My wife is a PhD student at University of Alberta and I came to Canada accompanying her.
• I got my study permit on Dec 19th 2011 and it is valid until June 2013.
• Since I am doing my second degree in accounting (I already have a bachelor degree in mechanical eng.) and most of my classes are after the working hours and during the weekends, I sent a request to CIC for open-work permit which was another option for me and I mentioned that I want to continue my studies since I am practically like a part time student (this semester I have only 2 courses) and I never asked that I want to quit my studies which boiled down to the issuance of my Open-Work Permit on July 29, 2012. So now I have both open work permit and study permit and I am confident that I can work and study as I described in my application. If you look at "Understanding Immigration Canada" (a WorkshopGPA.ppt posted by the international office of the University of Calgary) you can see that it has been mentioned that "The spouse can hold both work permit and study permit if have applied work permit first."

Within the open-work permit it says that I am not allowed to have education “unless authorized” and within the remarks it says “Accompanying spouse, Holder of study permit valid to same date. MEM/QRC”. Since I didn't ask that I want to quit my program and I wish I can continue my study and since I have a valid study permit, does it mean that I have a valid authorization to continue my studies and can I hold the study permit and open-work permit at the same time and renew them separately until the accomplishment of my wife's program?

 

[scylla]

Re: Urgent help: Open work Permit and Study permit

To the best of my knowledge, you cannot hold both permits at the same time. Your study permit was canceled when your open work permit was approved. Your study permit is no longer valid.

 

[PepsiBoy2]

Re: Urgent help: Open work Permit and Study permit

But I called CIC the other day and they said that it is possible for someone to hold both permits and I have asked the same question from the international office of U of Alberta and U of L and they said exactly the same thing that you can find it in the University of Calgary website

While the student is holding a study permit,
The spouse can apply for an open work permit – from within or outside of Canada. Most of the cases, spouse will come in as a visitor and apply for the work permit after arrives in Canada. The common experience is that visitor visa application is easier than work permit application.
The spouse can also apply for a study permit with an admission letter of an institution.
The spouse can hold both work permit and study permit if have applied work permit first.
Only one of the couple can be in spouse category.

 

[PepsiBoy2]

scylla, do you have any idea that how can I be sure that still I can use my Study Permit as a required authorization for the continuation of my studies? do you think that CIC should have asked me to return my study permit if it wasn't valid from their point of view, because when I applied online I put my study permit and just I described that I have time to work beside my studies and my Open work permit is issued with nothing saying that the previous permit is abolished. Thank you for your great help.

 

[scylla]

scylla, do you have any idea that how can I be sure that still I can use my Study Permit as a required authorization for the continuation of my studies? do you think that CIC should have asked me to return my study permit if it wasn't valid from their point of view, because when I applied online I put my study permit and just I described that I have time to work beside my studies and my Open work permit is issued with nothing saying that the previous permit is abolished. Thank you for your great help.

I don't know for certain and I wouldn't rely on the information provided by the CIC call centre. If I were in your position, I would check with an immigration lawyer.

 

[PepsiBoy2]

I asked the lawyer and he believes that it is possible to hold both of them until the end of my wife's studies:

Immigration and Refugee Protection Regulations:
196. A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.
199. A foreign national may apply for a work permit after entering Canada if they
(a) hold a work permit;
(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;
(c) hold a study permit;
(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(e) are a family member of a person described in any of paragraphs (a) to (d);

212. A foreign national may not study in Canada unless authorized to do so by a study permit or these Regulations.

215. (1) A foreign national may apply for a study permit after entering Canada if they

(a) hold a study permit;

(b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;

(c) hold a work permit;

 

[Jd5]

Hi,

I asked the lawyer and he believes that it is possible to hold both of them until the end of my wife's studies:

Immigration and Refugee Protection Regulations:
196. A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.
199. A foreign national may apply for a work permit after entering Canada if they
(a) hold a work permit;
(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;
(c) hold a study permit;
(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(e) are a family member of a person described in any of paragraphs (a) to (d);

212. A foreign national may not study in Canada unless authorized to do so by a study permit or these Regulations.

215. (1) A foreign national may apply for a study permit after entering Canada if they

(a) hold a study permit;

(b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;

(c) hold a work permit;

So what's the difference. If you hold a study/work permit, you are "eligible to apply" for a work/study permit, this what these quoted rules states. You can't hold two permit at the same time.

 

[Inam89]

One gets cancel when then other is issued.

 

[publicgd]

Hi,

I know I'm responding to this thread very late, but I'm in a similar situation. My husband holds a Temporary Skilled Worker Permit for 3 years and I'm eligible for an OWP. However, I would like to do a Master's program, and my particular program only offers courses in the evening, leaving my day entirely free to work. Did your situation with having both an OWP and a study permit work out? If so, should I apply for an OWP or study permit first? Or both at the same time? I'm not sure if it would be helpful to have an OWP and then apply/change status to a study permit or vice versa.

Any responses on this matter would be extremely helpful. Thank you!

 

[J5M]

Hi,

Hi folks,
I am international student at the Edmonton campus of UofL in the second degree program. My wife is a PhD student at University of Alberta and I came to Canada accompanying her.
• I got my study permit on Dec 19th 2011 and it is valid until June 2013.
• Since I am doing my second degree in accounting (I already have a bachelor degree in mechanical eng.) and most of my classes are after the working hours and during the weekends, I sent a request to CIC for open-work permit which was another option for me and I mentioned that I want to continue my studies since I am practically like a part time student (this semester I have only 2 courses) and I never asked that I want to quit my studies which boiled down to the issuance of my Open-Work Permit on July 29, 2012. So now I have both open work permit and study permit and I am confident that I can work and study as I described in my application. If you look at "Understanding Immigration Canada" (a WorkshopGPA.ppt posted by the international office of the University of Calgary) you can see that it has been mentioned that "The spouse can hold both work permit and study permit if have applied work permit first."

Within the open-work permit it says that I am not allowed to have education “unless authorized” and within the remarks it says “Accompanying spouse, Holder of study permit valid to same date. MEM/QRC”. Since I didn't ask that I want to quit my program and I wish I can continue my study and since I have a valid study permit, does it mean that I have a valid authorization to continue my studies and can I hold the study permit and open-work permit at the same time and renew them separately until the accomplishment of my wife's program?

That's incorrect. You can't have both permit together. Only one or the other.

 

[Yaseminberil]

Re: Urgent help: Open work Permit and Study permit

But I called CIC the other day and they said that it is possible for someone to hold both permits and I have asked the same question from the international office of U of Alberta and U of L and they said exactly the same thing that you can find it in the University of Calgary website

While the student is holding a study permit,
The spouse can apply for an open work permit – from within or outside of Canada. Most of the cases, spouse will come in as a visitor and apply for the work permit after arrives in Canada. The common experience is that visitor visa application is easier than work permit application.
The spouse can also apply for a study permit with an admission letter of an institution.
The spouse can hold both work permit and study permit if have applied work permit first.
Only one of the couple can be in spouse category.

Hello I am also wondering this.I have open work permit and it will expired july of 31 and now I got study permit but my college will start at september.Can ı continue until my spousal open work permit is expired ?

 

[eileen444]

Hi
I am an international graduate student, planning to graduate in 2 months.

I have applied for permanent residency under the spouse sponsorship program 3 months ago.
Recently I have gotten a job offer, and I was wondering, am I able to apply for a work permit while having a study permit?

 

[kathysrazor]

Re: Urgent help: Open work Permit and Study permit

To the best of my knowledge, you cannot hold both permits at the same time. Your study permit was canceled when your open work permit was approved. Your study permit is no longer valid.

I held a work permit and a study permit at the same time. It wasn't a problem. When I asked about conflicting information, they told me that the implied limits were "... unless otherwise authorized."

 

[kathysrazor]

Mine was an LMIA-supported work permit, along with my study permit. The employer wanted me more than part time, so I made him get a work permit.

Asking at the border, ESDC, etc., there was never any restriction on holding both at the same time. I asked and confirmed. I disclosed both on my PR application as well.

 

[sa_713]

Mine was an LMIA-supported work permit, along with my study permit. The employer wanted me more than part time, so I made him get a work permit.

Asking at the border, ESDC, etc., there was never any restriction on holding both at the same time. I asked and confirmed. I disclosed both on my PR application as well.

Hi, I am in a similar boat where I am trying to see if it would be possible to have a PGWP and a study permit at the same time, and having the work I do in my full time job count towards my one year experience towards my PR, were you able to do so with the LMIA work permit?