Student Want To Invite Husband On Work Permit 5 Yrs Ban Over

[Ramanpreet]

My sister is in Canada on a study permit since last year. She is on official break these days and working full-time. She got married in India 3 years ago. She has a 2 years old twin children as well. Her husband was sponsored by her sister to Canada 10 years ago. The sponsorship was approved from Canada but refused from New Delhi. The officer doubted and asked to provide DNA test but the family refused and told that upon hearing DNE matter he ran away somewhere. The 5 years misrepresentation ban will be over in August 2020. Can my sister invite her husband to Canada along with their daughter on an open work permit? Would it be easy or difficult case and how long it would take to reach in Canada?

[Rajpal (Admin)]

She can invite her husband on an open work permit when she will be attending college/university. She needs to prove that she is actively pursuing her studies. She is not eligible to invite now as she is on official break at present.

Further, if her studies will be expiring soon the work permit will be valid until then if he gets. If the officer thinks, the studies will be completing soon, (s)he may refuse the application on that basis.

Furthermore, if she obtains PGWP and works full-time on NOC Level O, A, Or B job, she would be eligible to invite her husband on an open work permit. She needs to prove that she is really working on NOC O, A, or B.

Last but not least, you will have to convince the officer to approve your husband’s application. It would be a big hurdle because, even though 5 years ban will be over soon but it does not mean that an officer will give visa easily. Try to convince the officer by writing effective submissions. Use section 25 of IRPA for the best interest of their children keeping in mind that the inviter is neither a Canadian citizen nor a permanent resident in Canada and has convinced officer before obtaining study permit that she will be back upon completion of studies even though there is dual intent present as well. How long it will take, nobody can predict that. One thing is sure that it would not be an easy case so handle it carefully or obtain the professional services of a lawyer or an immigration consultant.