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I am curious about one thing first. How was he eligible for an open work permit?
That is very unusual as I don't see why he would be entitled to get the open work permit.
I also don't believe he will be provided with an open work permit again.
He can leave and go to the US and then try and re-enter Canada.
The problem is that he may not be granted entry. He has to show strong ties to back home and that he will not overstay his visit.
If you could apply for spousal sponsorship now all these issues would be resolved because then he would get an open work permit and could stay in Canada without any concerns.
If he leaves he may not be permitted back in and if he is he likely cannot work unfortunately.
That is not quite what I am saying.
If he applies for the spousal sponsorship he can remain here without legal status and will be able to get an open work permit.
If he applies and then leaves he likely will not be allowed back in because he cannot enter as a visitor with the intention of remaining.
CIC doesn't know you are going to do a spousal sponsorship.
The open permit is part of the application process now.
But the concern is that his file is going to be a mess with CIC as they are not well organized. It may be most prudent to consult face to face with an immigration lawyer first how may have seen other unusual cases like this.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.The number is:1-***-***-**** or***-***-**** in Calgary
It is unusual because your spouse is on a TRP and doesn't need to be.
And because he was granted an open work permit.
You can consult with a lawyer through the referral service at a close bigger city on the phone.
I understand that.
What I am saying is that his situation is unusual as in most cases he would not have needed the TRP and should not have. They made a mistake so he is not in this situation where they say he should leave and then re-enter but they may not allow him to re-enter and there is no basis for an open work permit.
You shouldn't have to spend any money.
They are saying he has to leave and then enter as a visitor.
But I am telling you that the officer at the border may not let him re-enter.
I don't where you are talking about spending money but he cannot enter as a visitor and remain more than six months and visitor's cannot work in Canada and he is not entitled to an open work permit.
So the only way he can remain in Canada and work is to apply for the spousal sponsorship.
As I've tried to explain, if he stays in Canada and applies for spousal sponsorship from within Canada he is permitted to remain even though he does not have legal status.
There is no guarantee what the border guard will say or think.
No it doesn't give him implied status as a pr.
But because you have the legal right to sponsor him the law makes an exception for spousal sponsorship and he can remain in Canada without legal status and get an open work permit.
But he will have no legal status and that is why during the entire processing time he is supposed to remain in Canada because if he leaves he won't be permitted to enter as he intention will be to remain in Canada.
You start the application process for the spousal sponsorship and part of that application will be for an open work permit. It is included in the application for now. This was a new pilot project that started last year and so far it is still on.
No. He gets it in a few weeks.
The point is that they want him to be able to work while he is waiting to receive PR status. Once he gets his status he no longer needs a permit to work.
I don't know, honestly.
But as I've said your facts just aren't typical.
Yes because aside from visitors from visa exempt countries all have visitor visa's that expire as so work permits.
And in each case of a spousal sponsorship if they decide to apply from within Canada they do not have to leave.
The exception is if there is a removal order and there has not been such an order.