BOWP on Study Permit

[mansari]

im on open work permit and my spouse on study permit...both our permits expired on 30aug 2013. and we filed our application for cec on 8th aug.
we sent application together for bowp on 25th aug and was received on 29th aug.
we also have a child who is canadian and my husband's complete family (parents nd bros) are PR's in canada...
so does my husband stand a chance for BOWP???

 

[iam_toby]

Sorry, just checked OB485 ( http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp )
And those are the requirements for BOWP:

To be eligible for a bridging open WP, the following parameters must be met:

• The foreign national is currently in Canada;
• They have valid status on a WP that is due to expire within 4 months;
• They have received a positive eligibility decision on their PR application under one of the Economic Class programs above; and
• They have made application for an open WP.

So since a study permit is no work permit your husband won't be eligible for BOWP because he did not have a valid
status on a WP by the time you applied.

That's how I understand the OB.

 

[cecbear]

Actually spouses are eligible. See http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

You may also be eligible if you are a family member of someone whose application for permanent residence has been approved under one of the above.

Sorry, just checked OB485 ( http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp )
And those are the requirements for BOWP:

So since a study permit is no work permit your husband won't be eligible for BOWP because he did not have a valid
status on a WP by the time you applied.

That's how I understand the OB.

 

[mansari]

i hope the above conditions apply.
anyone who went through a similar situation. seniors pls. advise.

 

[iam_toby]

Actually spouses are eligible. See http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

You may also be eligible if you are a family member of someone whose application for permanent residence has been approved under one of the above.

Yes, if the application has been approved. Since they applied in August 2013, I don't think the application
has been approved only 30 days after applying.
So right now, there is an application in progress, but not approved yet, hence not eligible for BOWP.

 

[iam_toby]

i hope the above conditions apply.
anyone who went through a similar situation. seniors pls. advise.

I'm sorry, but when it comes to BOWP applications all that counts are the BOWP eligibility criteria
posted here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp
Since your spouse only held a study permit and no work permit by the time you sent the application,
chances are that only you get your BOWP approved.

 

[mansari]

That's getting me tensed

 

[iam_toby]

That's getting me tensed

Hang in there. All you can do for now is wait for CIC to make a decision.

 

[badniks]

I was under the impression that the BOWP for your spouse isn't technically a BOWP - it's a spousal open work permit, the criteria for which are different and more dependent on the principal applicant.

As in, since you qualify for the BOWP (and by extension, meet some skilled word requirements), your spouse is issued a spousal open work permit. So by that logic, you should be okay.

I could be wrong, but having spoken to CIC and an immigration lawyer contact of mine a couple of times about similar issues, that was certainly the impression I was given.

 

[mansari]

Hope it works...
I have appiied thrugh paper application just to buy time...