Understanding Spousal Open Work Permits Teer 4 & Teer 5 Occupations

Immigration Consultants Regina clears your doubts about SOWP for Spouses of PGWP holders

Reuniting with your spouse in Canada while on a Post-Graduation Work Permit (PGWP) is possible, provided you meet the IRCC requirements. According to IRCC guidelines, spouses of PGWP holders can apply for an open work permit popularly known as SOWP, enabling them to work and thrive in Canada alongside you. This opportunity not only strengthens your bond but also allows you both to build a fulfilling life in Canada’s welcoming communities. Ensuring you understand and meet these IRCC requirements is essential for a successful application and a seamless transition to living and working together in Canada.

At Connect Overseas Immigration Services Inc., we do all kinds of immigration applications and very well understand that navigating the Canadian immigration system can be complex, especially when considering your family’s needs and wanting your spouse to accompany you to Canada. A common question many foreign workers have is whether they can apply for an open work permit for their spouse if they are in Canada on a Post-Graduation Work Permit (PGWP) or an open work permit in a non-spousal category while working in Tier 4 and 5 occupations.

The Short Answer

Yes, foreign workers in Canada on an open work permit and working in Tier 4 and 5 occupations can apply for an LMIA-exempt work permit for their spouse. This rule applies whether the spouse is living inside or outside Canada.

What is an LMIA-exempt work permit?

LMIA stands for Labour Market Impact Assessment. An LMIA is a document that a Canadian employer may need to obtain before hiring a foreign worker. However, not all work permits require an LMIA. Work permits that do not require an LMIA are called LMIA-exempt work permits. In this case, foreign workers in Tier 4 and 5 occupations fall under this exemption when applying for their spouse’s open work permit.

Examples to Clarify

Let’s break it down using the examples below:

1. A Software Developer on a PGWP: Salma is a software developer in Canada on a PGWP, working full-time. Her husband plans to join her from their home country. Even though Salma’s job falls under Tier 4, she can apply for an LMIA-exempt open work permit for her husband, allowing him to work in Canada.

2. A Restaurant Server on an Open Work Permit:  Alvin works part-time as a restaurant server on an open work permit in Canada. His wife is still living in their home country. Despite Alvin working part-time and in a Tier 5 occupation, he can still apply for an LMIA-exempt open work permit for his wife.

Key Points to Remember

– The occupation category (Tier 4 or 5) of the foreign worker does not affect their eligibility to apply for an LMIA-exempt open work permit for their spouse.

– It doesn’t matter if the foreign worker is working part-time; they are still eligible to apply for their spouse’s work permit.

Conclusion

Immigration Consultant Regina specializes in Spousal Open Work Permits and has helped clients obtain one by carefully reviewing their circumstances and preparing strong applications. Canada’s immigration system offers flexibility for foreign workers to reunite with their spouses by allowing them to apply for LMIA-exempt open work permits. Whether you’re working full-time or part-time in Tier 4 or 5 occupations, this option remains available for your spouse, whether they’re inside or outside of Canada.

Remember to keep an eye on the IRCC website for any updates or changes to the rules regarding work permits and immigration. If you have further questions or need assistance, consulting with an immigration expert can provide tailored advice for your situation.

Immigration consultants Regina at Connect Overseas Immigration Services are Here to Guide You!  With our dedicated assistance, we ensure a smooth application process for a stress-free experience. Contact us today to simplify your immigration and visa process.