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Question regarding open work permit

npandya6677

Member
Feb 27, 2024
12
0
Hello,
I had my spouse visit India with me, we applied for her PR while being inside Canada. Since we did not get any update for PR and had to visit India, we went to India and applied for Visitor Visa. Her visitor visa was approved but her PGWP was going to expire in January. We applied for a Open Work Permit after her PGWP expired while being outside Canada. She returned with me to Canada. Can she continue working for her previous job while we wait for her open work permit being approved?
 

Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
Hello,
I had my spouse visit India with me, we applied for her PR while being inside Canada. Since we did not get any update for PR and had to visit India, we went to India and applied for Visitor Visa. Her visitor visa was approved but her PGWP was going to expire in January. We applied for a Open Work Permit after her PGWP expired while being outside Canada. She returned with me to Canada. Can she continue working for her previous job while we wait for her open work permit being approved?
No. Her PGWP expired. She needs an approved work permit.
 

YVR123

VIP Member
Jul 27, 2017
7,406
2,883
Hello,
I had my spouse visit India with me, we applied for her PR while being inside Canada. Since we did not get any update for PR and had to visit India, we went to India and applied for Visitor Visa. Her visitor visa was approved but her PGWP was going to expire in January. We applied for a Open Work Permit after her PGWP expired while being outside Canada. She returned with me to Canada. Can she continue working for her previous job while we wait for her open work permit being approved?
Her current status is visitor in Canada. She cannot work until the open work permit is approved.
 

YVR123

VIP Member
Jul 27, 2017
7,406
2,883
But previously she had a SIN number and her company accepted the WP application number for her to continue to work.
So you want her to work illegally?
Imply status is only true if she remains in Canada. She could have stayed and continue to work while waiting for her OWP.
Well, it's too late for that now. She is a visitor.
 
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Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
But previously she had a SIN number and her company accepted the WP application number for her to continue to work.
So. She is entering as a visitor and doesn’t have a work permit. Implied status is only if she had remained in Canada as a worker. Just because her company accepted her application number doesn’t mean anything. She would be an illegal worker.
 

Kananaskis

Star Member
Oct 4, 2023
132
59
The company isn't "running" her SIN anywhere to be "accepted", they will however at some point throughout the year for tax purposes, and that will be a big red flag on your end both for Immigration and CRA. If you are caught working illegally you'll be removed from the country and can be hit with misrepresentation jeopardizing your spouse application.
Do you guys a favor and tell her to wait for the Work Permit.