In-Canada PR applicants with accompanying spouse working under IEC

[Julien_Noel]

Hello everyone,

I spent more than 5 days going through every relevant post and I still haven't found my answer. My situation is quite simple, but also pretty special.

I am currently working under a PGWP (3 years) that expires in September 2018. I just submitted a PR Application after receiving an Invitation to Apply under the FSWP. My common-law partner is the accompanying spouse in the application. We paid the fees and passed the upfront medical exams.

Now here is the problem: my partner is currently working under a Working Holiday Visa (IEC) that expires end of March 2018. She works for the government, so do I, and she would love not to lose her job and be able to work until we get an answer for our PR application.

I am wondering, what are our options? If I understand correctly, I would be able to apply for a Bridging Open Work Permit, but she isn't, because she is not the primary applicant. Our options therefore are:

1. She keeps working, telling her employer she is under implied status (it's a bit of a grey zone I believe) until she gets the answer for PR
2. She applies for an open work permit or for an extension, explaining she has applied for PR - either it gets approved before her IEC permit expires, or she is under implied status until it gets approved/rejected.

EDIT: Somehow, I just found this page which seems to apply for our case, but I am not sure.

Can someone enlightens me?

Thank you, it means a lot for us - we are getting very stressed about this.

Best,

Julien

 

[scylla]

There's no implied status with IECs since they are special work permits that cannot be extended. Unless she has a new work permit in hand when the IEC expires, she must stop working. It's not a grey zone. Working beyond the expiry of your IEC is illegal.

Provided you are working in a NOC A, B or 0 occupation and provided you and your partner are either married or common law (i.e. have lived together continuously for at least one full year), she qualifies for a spousal open work permit based on your PGWP and job. If you meet these requirements, she should apply for one asap. She can probably even flagpole to obtain one - again, provided you meet all of the requirements. That would be the easiest route. Discussions about SOWPs can be found in the Foreign Workers and International Students section of the forum.

 

[canuck_in_uk]

Hello everyone,

I spent more than 5 days going through every relevant post and I still haven't found my answer. My situation is quite simple, but also pretty special.

I am currently working under a PGWP (3 years) that expires in September 2018. I just submitted a PR Application after receiving an Invitation to Apply under the FSWP. My common-law partner is the accompanying spouse in the application. We paid the fees and passed the upfront medical exams.

Now here is the problem: my partner is currently working under a Working Holiday Visa (IEC) that expires end of March 2018. She works for the government, so do I, and she would love not to lose her job and be able to work until we get an answer for our PR application.

I am wondering, what are our options? If I understand correctly, I would be able to apply for a Bridging Open Work Permit, but she isn't, because she is not the primary applicant. Our options therefore are:

1. She keeps working, telling her employer she is under implied status (it's a bit of a grey zone I believe) until she gets the answer for PR
2. She applies for an open work permit or for an extension, explaining she has applied for PR - either it gets approved before her IEC permit expires, or she is under implied status until it gets approved/rejected.

EDIT: Somehow, I just found this page which seems to apply for our case, but I am not sure.

Can someone enlightens me?

Thank you, it means a lot for us - we are getting very stressed about this.

Best,

Julien

Agree with the above. If you have a skilled job, she can apply for an SOWP. If you don't have a skilled job, she will need to apply to change her status to worker before her IEC permit expires and stop working as soon as it expires.

 

[Julien_Noel]

Thanks guys. So one way to do this is the SOWP. But what about the link I shared: http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2c&q3_options=2c_v

Wouldn't it be an easier way? An open work permit as my dependent..?

 

[scylla]

Thanks guys. So one way to do this is the SOWP. But what about the link I shared: http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2c&q3_options=2c_v

Wouldn't it be an easier way? An open work permit as my dependent..?

That's a BOWP - and no, I don't think that's easier. She doesn't have that much time. If she wants to work without interruption, then I think the SOWP and flagpoling is her best option for ensuring she has a work permit in time. I don't believe you can flagpole for a BOWP - only for a SOWP.

 

[Julien_Noel]

Thank you so much Scylla, your help is so important in these stressful times.

So you think that an officer will give us a SOWP at the border in Niagara? We could even ask for it under the "dependent of a PR applicant", ask the officer what is best. Can they deny it at the border and tell us to do it online?

Also, I see that my partner may may be eligible for an open work permit (the SOWP) if she is:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer,

What does approved to work in Canada six months or longer means? That my working permit runs for more than 6 months or that my work contract is for 6 months or more?

Thanks a lot!

 

[canuck_in_uk]

Thank you so much Scylla, your help is so important in these stressful times.

So you think that an officer will give us a SOWP at the border in Niagara? We could even ask for it under the "dependent of a PR applicant", ask the officer what is best. Can they deny it at the border and tell us to do it online?

Also, I see that my partner may may be eligible for an open work permit (the SOWP) if she is:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer,

What does approved to work in Canada six months or longer means? That my working permit runs for more than 6 months or that my work contract is for 6 months or more?

Thanks a lot!

You are stressing yourself out for no reason.

Get your 3 most recent payslips, your job contract/offer letter and your PGWP. Fill out a work permit application. Go to the border and flagpole.

 

[Julien_Noel]

You are stressing yourself out for no reason.

Get your 3 most recent payslips, your job contract/offer letter and your PGWP. Fill out a work permit application. Go to the border and flagpole.

Will do, thanks.

Last question: isn’t the fact that she currently holds a valid work permit a potential reason for the CIC officer to refuse to issue another permit?

 

[canuck_in_uk]

Will do, thanks.

Last question: isn’t the fact that she currently holds a valid work permit a potential reason for the CIC officer to refuse to issue another permit?

No.

 

[Julien_Noel]

Update: We flagpoled yesterday afternoon, it went as smooth as it can go. We chose a low-peak time and we had all documents prepared, all-in-all it took only one hour.

Thanks for the advice!