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Hello the spouse of an Int. student has the following remark in his OWP:
“Open work permit only valid while spouse is a full-time enrolled student in a PGWP-Eligible program at a designated learning institution.”
His SOWP has Expiry date of Aug. 30, 2025 and the Spouse (student) will finish her study program in April.
QUESTION:
As per R209 a WP becomes invalid when it expires. My question is, because of the remark in the OWP, can the TFW continue working after his spouse receives the completion letter from the school in April? In other words, can the TFW work from May to August?This situation arises because officers under R185 have the authority to impose conditions on work permits. In your client’s case, the condition on the OWP specifies that it is only valid while the spouse is a full-time enrolled student in a PGWP-eligible program. While such conditions are not common, they are legally valid.
This condition is no longer met once the spouse completes their studies and receives their completion letter. While the work permit does not expire until August 30, 2025, the authorization to work under the license ends when the condition is no longer satisfied. Therefore, your client cannot continue working after the spouse finishes their studies. However, they may remain in Canada (without working) up to the expiration date of the permit.
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