Immigration Issues/SINP - my wife`s status
QUESTION: Dear Sir/Madam,
I have read your advices posted here. Excuse me for bothering you with the following:
I am considering to apply for SINP because of my professional experience. I found an employer who would take an LMO (for 2 years, Level 0,A,B) on my behalf according to the laws. As I read, my wife could receive OWP (Open work Permit) for the same period of time so that we would be able to arrive and live in Canada together. But some friends of mine suggest that if we apply for our visa requests simultaneously the chance of refusal is higher. I do not understand why it should be so.
They say that the better way would be if I applied for visa first and after my arriving in Canada to make a request for her OWP and after a certain amount of time she would be able to receive it. But we do not want to be separated because we are newlywed.
I am an EU-citizen, from Bulgaria. My wife is non EU-citizen.
Could you give me your advise. Thank you in advance.
Best regards: Georgi
ANSWER: Dear Georgi,
Thanks for your inquiry.
It depends on visa officer' discretion(s) to process & issue work permit(s) in case you submit your application together. Since the decision based on visa officer' discretion, we recommend applicant to submit his or her application first.
Later your partner or spouse should apply for a open work permit and should include the following with the application:
a copy of the work permit / pay stubs / a copy of marriage certificate / bank balance, if possible
---------- FOLLOW-UP ----------
QUESTION: Thank you so much for your reply.
Could you allow me to ask you few more question? I appreciate your professional reply but I could not understand why I should submit my application first. I have read the official site (see this link http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17
) so many times and I have never met anywhere texts explaining the that there is difference and certain amount of risk if we submit our both requests simultaneously/separately. Is there some sort of oral rule?
That chance of possible refusal is based on what - law, rules, etc?
And, my last question: Do you know how long it will take for my wife receiving her OPW if we choose to submit her documents subsequently.
Thank you one more time for your efforts and kindness.
Best regards: Georgi
- That chance of possible refusal is based on what - law, rules, etc?
It ALWAYS based on officer' discretion though an applicant meets all the legal requirements.
Applicant must establish his or her intentions that he or she will return to his or her home country after his or her temporary work permit expires, therefore he or she has to show ties (social/economical) to his or her home country that will force him or her to return to his or her home country. We normally see that officer(s) assumes/anticipates that the probability of the applicant is not to return his or her home country after the authorized period hence they simply refused.
There is NO RULE that stops you to apply for a work permit application along with your spouse or partner. We just talk about probabilities.
-Do you know how long it will take for my wife receiving her OPW if we choose to submit her documents subsequently.
Well, there is no specific time frame but submitting her application after 4-6 weeks is a sufficient time as you can provide her with your pay stubs and other documents.
Please remember that there is no rule that stops you and your spouse submit work permit applications together.
Wish you all the best.