Work permit for dependant

Old Jan 5th 2017, 6:02 am
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Default Work permit for dependant

Hello good folks...I am asking this question on behalf of a colleague.


My colleague's spouse (husband) entered Canada together with his wife (my colleague) on a student permit. Husband - student (with study permit); Wife - got open work permit through husband.


The husband will be graduating from college in August of this year, and he expects to get a three year work permit after graduating - he will apply for the work permit. His wife's open work permit currently expires in August of this year.


Would she be able to renew her work permit for the duration of his work permit when he graduates? She is really concerned because someone advised her that she will not be able to renew her work permit.


I could not answer the question because I did not have the answer.


Thank you all so much in advance!
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Old Jan 5th 2017, 6:32 am
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Default Re: Work permit for dependant

Hi


Originally Posted by jammy123
Hello good folks...I am asking this question on behalf of a colleague.


My colleague's spouse (husband) entered Canada together with his wife (my colleague) on a student permit. Husband - student (with study permit); Wife - got open work permit through husband.


The husband will be graduating from college in August of this year, and he expects to get a three year work permit after graduating - he will apply for the work permit. His wife's open work permit currently expires in August of this year.


Would she be able to renew her work permit for the duration of his work permit when he graduates? She is really concerned because someone advised her that she will not be able to renew her work permit.


I could not answer the question because I did not have the answer.


Thank you all so much in advance!
1. She would only get a new work permit, if her spouse obtains a job in NOC, A, B. or O. So if he gets a job in that category, she could apply for an open work permit, but would require a letter from the employer outlining his job duties, and has to include one pay stub.
2. She would have to extend her status as visitor (not working) until he obtains the required job.
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Old Jan 5th 2017, 7:17 am
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Default Re: Work permit for dependant

Thank you so much! Therefore if she is currently working, she would have to stop when her WP expires and only after her husband gets a qualifying job, she can then apply for the WP for herself.
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Old Jan 5th 2017, 7:21 am
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Default Re: Work permit for dependant

Also, if her current employer agrees to apply for a work permit for her, would that be possible? Would she still have to wait on her husband finding a qualifying job?
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Old Jan 5th 2017, 9:42 am
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Default Re: Work permit for dependant

Originally Posted by jammy123
Also, if her current employer agrees to apply for a work permit for her, would that be possible? Would she still have to wait on her husband finding a qualifying job?
Chances are the company would have to apply for a LMIA and pay the $1000 with no guarantee of it being approved therefore no work permit. She could speak to the employer to see if she could get an extended vacation until she knows the husband has secured a job within skill level 0, A or B then get a new SOWP.
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Old Jan 6th 2017, 1:51 am
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Default Re: Work permit for dependant

Ok, sounds good. What if she had applied for her provincial nominee in another province. I read somewhere that if you are waiting on a decision on a provincial nominee application, then you can remain working until you get a response on that, even though your work permit has expired?


Is that true, or do you have any knowledge of this?
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Old Jan 6th 2017, 2:03 am
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Default Re: Work permit for dependant

Sorry - correction.


Her husband applied for the provincial nominee as the primary applicant. Would she still have implied status until the province provides a response?
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Old Jan 6th 2017, 3:04 am
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Default Re: Work permit for dependant

Originally Posted by jammy123
Ok, sounds good. What if she had applied for her provincial nominee in another province. I read somewhere that if you are waiting on a decision on a provincial nominee application, then you can remain working until you get a response on that, even though your work permit has expired?


Is that true, or do you have any knowledge of this?
Originally Posted by jammy123
Sorry - correction.


Her husband applied for the provincial nominee as the primary applicant. Would she still have implied status until the province provides a response?
1. It might be simpler if your colleague signs up here herself to ask questions & give relevant details.

2. She would still have to apply for an extension of her wp, on the grounds of waiting for a pnp decision, to continue working under "implied status" until a decision is made.

If the work permit extension were refused, she'd have to stop working & apply to change status to 'visitor' to remain in Canada legally.

She can't just keep working past twp/owp expiry date and do nothing...

Again, to avoid confusion & misinformation, she should sign up and communicate directly here.

Last edited by Shirtback; Jan 6th 2017 at 3:09 am.
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Old Jan 6th 2017, 3:21 am
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Default Re: Work permit for dependant

Thanks Shirtback for the response. I agree that it may be simpler if she comes on here herself to provide relevant details; however, English is not her first language so I am just trying to assist.


I think that this (applying under implied status) would be way easier and less risky than having to wait till her husband finds a qualifying job before being able to extend her wp. There is a risk that her husband does not find a qualifying job (or even a very long wait between when he graduates and when he finds a qualifying job).


With her being able to go the implied status route, I believe that it is much less risky and allows her to apply in quicker time (allowing for less downtime out of a job for her if any at all).


My questions specifically though are:


1) She lives and works in Ontario, but her husband applied for the SINP (Sask imm nominee program) - would that affect her being able to extend her work permit under the implied status (or would she have to move to Sask before she can apply for an extension of her current wp). Also the fact that her husband is the one who applied for the SINP, would she be able to apply for the extension of her wp?


2) If she goes with 1 above, her husband finding a qualified job would have no impact on her being able to apply for an extension of her wp, correct?


Thanks so much for your patience and advice.
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Old Jan 6th 2017, 6:58 am
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Default Re: Work permit for dependant

One does not apply "under implied status".

One applies under specific conditions with specific criteria (I've included a link below). The time between such an application and the decision is referred to as "implied status".


To successfully apply to extend or renew her WP on the basis of the SINP application will require reaching the stage of receiving a nomination letter from SINP. The application in itself is not enough.
Extend your work permit – Bridging open work permit

To successfully extend or renew her WP on the basis of her husband receiving a PGWP will require him getting a NOC 0, A or B level job, as already stated.

Go for which ever arrives first. Otherwise, her employer, as already stated, would have to apply for an LMIA possibly, or she would have to stop working and apply to change status to visitor, possibly.

I understand your desire to help out & why you're doing so.

However, you may find it's not really helping in the end (or it backfires on you) . If the person in question speaks English well enough to work in Canada, person should (and indeed will have to, in the future) be able to communicate the issues directly here on the forum. You could then always help with any difficulties with responses caused by language barrier, sometimes...

She wouldn't be the first non-native English speaker to ask for & receive advice here.

Last edited by Shirtback; Jan 6th 2017 at 7:03 am.
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