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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99956
Experience:  Lawyer
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Scenario: I am a MBA graduate from BC whose Study permit

Customer Question

I am a MBA graduate from BC whose Study permit will expire by end of July 2016. I have completed 2 year program so I am eligible to apply for 3 year PGWP and wife is currently working in Canada on Open work permit. For answering this question I am searching for a legal expert for who has dealt with numerous similar cases for students and can share the law and his/her personal experience and guide me towards best result.
I would like to extend my wife's Open work permit and apply for my PGWP as combined application or together. My wife is currently working as a health care assistant. She is a physiotherapist but needs to clear Canadian clinical exam and evaluations before she can practice in Canada.
Priority 1:
I and my wife stay together in Canada.
Priority 2:
My wife may be able to work with open work permit.
Key considerations:
1. I have been told by immigration adviser that i cannot extent the Openwork permit for my wife unless i have a Job in NOC O, A, B.
2. But recently one of my friend who is in a similar situation (Same batch) got his PGWP and extension of Open work permit for his wife.
Requirements for clear understanding of answers:
a) Please provide the details regarding the law,
b) The thinking process of immigration officer while deciding my case, what logic will he/she will use
c) Your personal opinion based on similar cases you have dealt with, and
d) Finally provide probability of approval in percentage terms (like 70% chance of approval based on similar cases)
1. I would like to know what are the rules and what is the probability for me to get PGWP and extension of open work permit for my wife.
2. If the open work permit is denied what would be the impact of that decision on applying for temporary resident visa for my wife.
3. If i apply for my PGWP and her OWP will she be automatically be considered for TRV if she is not approved for OWP.
4. Since she is applying for OWP and wants to work as health care assistant, must she go through a medical exam by physician? She is perfectly fine and has recently done a TB test and is result was negative (no problem).
5. If we are asked to submit a medical test for my wife, How long does the medical process takes?
6. What would be the best plan of action for me? when should i apply? should i apply for PGWP and OWP for my wife or just TRV for my wife?
7. What are the key documents required while submitting the PGWP and OWP for my wife.
8. My friend did not submit a cover letter or any supporting documents except those that are mandatory? Should i follow the same or attach a supporting/cover letter explaining my situation?
9. Please provide any other suggestions for my case that i have not considered?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for your question.

Before I consider proceeding, there are a few things you need to understand.

First, while I can provide you with legal information, because I am not your lawyer I cannot provide you with any legal advice.

Second, all of your questions are valid and all of your questions are related. But they most assuredly cannot all be answered on one post. Each question will have to be asked on a separate post. But, as I answer each question you may ask follow up questions about that question on the same post.

Third, there are no lawyers on this site that practice specifically in the area of immigration law. If there were, I would not take this question and I would leave it for one of them. In fact, at this point in time I am the only expert that can answer parts of your question. What I cannot do is provide you with my experiences with respect to immigration law. And what I am not permitted to do is provide you with advice or an opinion, so I cannot provide you with what I think you should do, but I also cannot give you a legal opinion so I cannot tell you what the odds of success are. I can only provide legal information which I am happy to do.

If you would like for me to go ahead please let me know as I am happy to accommodate you as much as possible. I would then start answering on this post and advise you as to which questions you need to start new posts for. As you have a subscription for the site posting all of these new questions will not cause you to be further charged.

Customer: replied 1 year ago.
HiThanks for your honest reply ...i am interested in personal advise as i have been working on these questions for last two weeks so i have fair bit of information through CIC and other online resources. I have also contacted CIC but faced the same problem. I want insights and experienced opinion of lawyers rather than information. Maybe for my present requirement this website may not be the apt resource so i would not like to proceed ahead.I would like to thank you for response.
Expert:  Debra replied 1 year ago.

You are very welcome.

I suggest that you consult with an immigration lawyer face to face. I am advising against you using a consultant as there is no way for you to know which consultants are legitimate and/or experienced and which are not. You have much more security when dealing with an actual immigration lawyer.

To find a lawyer you can contact the BC Branch of the Canadian Bar Association 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 $25.

The number is:

(###) ###-####or 1.***-***-****.

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