Sep 1, 2021

Not a Moment Too Soon

Spouse Open Work Permit and Study Permits

Serbia

The Problem

We had brought the Principal Applicant's spouse to Canada in 2019 to work as a Long-Haul Truck Driver.  Prior to arriving in Canada, the spouse had been working in Germany and had not been able to spend time with his wife or children in many years.  Obviously, the tensions of separation were quite high.  We had obtained a Provincial Nomination for the spouse after almost a year in Canada, but he still had not seen his family.  Upon nomination, we were tasked with obtaining an Open Work Permit for the Principal Applicant and Study Permits for their children from IRCC Vienna.  One of the primary challenges was being able to demonstrate the "dual intent" of the Principal Applicant and children as they were effectively relocating to Eastern Europe to Canada.  We had to be able to prove that they had the ability and willingness to depart Canada in the event that the family's application for Permanent Residence was not approved.

How We Helped

We began the process by creating a comprehensive temporary relocation plan for the family, to be submitted along with the application.  Our relocation plan outlined the proposed public schools in Canada that the children would be attending as well as submitting a prospective settlement plan for the Principal Applicant to be able to demonstrate that she could and would become economically established, quickly.  We then had to deal with preparing her documentation from Europe, including comprehensive proof of ties documentation, including housing and title documents, proof of funds, and community establishments.  We had to demonstrate that the children had schools to return to in the event that they had to leave Canada.

We then prepared and compiled the spouse's Canadian employment documentation to be able to demonstrate that he was currently employed and able to financially support a family of 5. We obtained employment contracts, verification of employment documents as well as up-to-date payroll documentation to be included in the Principal Applicant's file.  In conjunction with proof that the family's Permanent Residence application had been submitted to IRCC, we prepared detailed legal arguments with respect to dual intention and outlined our position as to why the Principal Applicant and accompanying children were genuine temporary residents in Canada.

We submitted the applications to IRCC Vienna and awaited a decision.  In the midst of the pandemic, when application processing was ground to a halt worldwide, we were expecting a long wait - something that the family was fearing after several years of separation.  We then began writing to IRCC Vienna outlining the situation and advocating for our clients timely reunion.

The Result

After only 6 weeks of waiting, we received passport requests from IRCC Vienna.  After clearing exit protocols and receiving their issued TRVs, the Principal Applicant and accompanying children were reunited with their father in Canada after several years of maintaining their relationship over Zoom and the telephone.  The family is now happily settled and thriving together in Canada.

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