While you are studying in Canada, your spouse is free to work. While you are studying in Canada as an international student, your spouse can apply for a work visa.For many Indian students, obtaining a Canadian PR as an international student is becoming the favoured option. The details of the spousal permit, the benefit, recent changes that have been introduced by the government, the processing times and more will be discussed in this blog.
Who is able to get the work permit as the spouse and common law partners ?
If you have a valid work visa, your spouse or common-law partner may be eligible for an open work permit.
- Study permit
- You must be a full-time student at one of the following institutions: In Quebec, a public postsecondary school such as a university, college, or CEGEP.
- A private school level college in the province of Quebec
- A Canadian private school that is legally allowed to award degrees under the provincial law (For example the Bachelors, Masters or Doctorate degree)
If you qualify for any of the above mentioned requirements then you can apply for the spousal open work permit.
Benefits of the spousal work permit
- To be eligible for the open work permit, the spouse does not require a job offer. If there is no job offer letter, LMIA will be necessary to apply for a work visa.The spouse will need to search for the job, apply for it and then start working in Canada.
- The spouse can work for any company, any organization, at any position and the job can even be switched if it is not liked or if they spouse wants to change the job.
- The expenses can be shared by the spouse and the principal applicant, since as an international student one can work for only 20 hours and the living expenses can be quite high depending on the location. The lifestyle will not have to be compromised on if both members are working as all the wants and needs can be satisfied by the working member of the family.
- If you plan not to work while studying then that too can be done where the spouse can work full time and bear the required living expenses.
- After the 1 year work experience the spouse can also apply along with the principal applicant for the Canadian PR. So as an international student you don’t need to worry about getting the work experience yourself in order to apply for the permanent residency.
- The planning can be done either way wherein the primary applicant can be the spouse or the primary applicant can be the study permit holder.
The spouse can come to Canada and work in
Canada. The long distance relationship factor will not be a hindrance in this case.
Documents required for the application process :
Valid Study Permit
Due to the COVID-19 pandemic and it’s implications the processing times may wary. Usually the processing time is between 4-5 months in the second half of 2021. The work permit is valid for the same time as the study permit, so for example if the study is for a year then the work permit will also be for a year but if the study permit is for two years then the work permit will also be for 2 years.
When to apply for the work permit ?
You can apply for a work permit before or after you arrive in Canada.
When applying from the native country a Canada tourist visa will be required and then the application of the work permit once landing in Canada. It is possible to apply for both a study permit and a spousal work permit at the same time. There are many cases of the spouse and the partner arriving in Canada at the same time where one gets the study permit and one gets the work permit. The chance of this happening depends on one case to the other.
New changes as of now
There was a loophole before wherein the spouse of the person with the work permit would actually change the designation and get the open work permit, being the spouse of the person with the work permit and then apply for the PR. This loophole has been identified by the government and they have given a new term as principal foreign national. The primary foreign national is the one who first applied for a study or employment permit. The principal applicant is no longer eligible to apply for a spousal open work permit based on the dependent spouse’s open work permit.This loophole has now been covered and it is now not possible to take that route.
There are various other criteria’s which prove that the relationships genuine or not. The marriage will not be considered genuine if it was made primarily for the purpose to acquire any status or privileges under the act. If there are any concerns regarding the genuineness of the relationship then further documents can be requested. An open work permit holder or someone entitled to work without a work permit is the main foreign national.The skill level of the occupation can not solely be determined by the work permit and must fall under NOC codes 0,A or B.
A letter must be presented by the principal foreign nationals current employer confirming all the details of the employment and the occupation with a description of the duties along with a copy of the employment letter and contract. Evidence must also be provided about whether the foreign national is employed in NOC 0,A or B during the time of the work permit application.
The spouses of those with a study permission must show proof of the following:
- The primary foreign national is in possession of a valid study permit.
- Evidence that the main foreign national is enrolled in a post-graduate education programme that qualifies for a work visa must be presented.
- Evidence that the major foreign national is undertaking full-time studies must be given.
These are the main requirements if the spouse wants to come to Canada with the principal applicant and apply for an open work permit. The rules and regulations keep changing and one must keep themselves updated on it. We at Elite Services provide the latest and comprehensive knowledge on all the spousal work permit applications. This system is an excellent way to get the PR if you look to work and gain experience in Canada. Both the principal applicant and the spouse can get the Canadian PR. We provide the most affordable costs as well as the greatest advice from our seasoned experts.Once you use our services and decide to work with us we assure you it will be a relationship to cherish for a lifetime.