What if visa expires while we are waiting for the Acknowledgement of Receipt letter?

[sjoh]

Hi!
I'm having trouble finding some answers online-
I applied to sponsor my common-law partner through Family Class. His two year work Visa expires in less than a month (September 10)- we both live in Canada, together (I am Canadian, he is British).
The application (according to Canada Post) was delivered on the 27th of July, and I am seeing now the AOR takes 6-8 weeks.
We did include an open work permit extension of Visa application as well but I am not sure what to do if the AOR is received AFTER his Visa expires - does he have to leave the country?

And, if we receive the AOR before, I am assuming he is able to stay in the country while we wait for processing?
thank you in advance!

 

[Addus]

I assume you are just referring to a work permit? There is no such thing as a work visa.
Assuming that's so:

Your partner has implied status from the moment CIC receive your work permit application so you do not need to wait for AOR to receive that status.
Implied status means your partner may remain in Canada under the restrictions listed on their existing work permit (other than the end/expiry date).
CIC stamp each application with the date it arrives and that info follows your application around, as long as that date is before the work permit expired then you are ok.

The main risk is that if your application gets returned (for example because you made a mistake) after the work permit expired then your partner will drop out of status. In that case they must immediately stop working, and you must resubmit the application with a "restoration of status" within 90 days of when the status expired.

Once you do receive AOR you can mostly breathe easy because you know the application hasn't been returned, that the implied status is in effect and isn't going to vanish; and that OWPs for inland applications are almost never rejected.

P.S. I'm also a Brit being sponsored by a Canadian so good luck!

 

[canuck78]

Was he on IEC before?

 

[sjoh]

I assume you are just referring to a work permit? There is no such thing as a work visa.
Assuming that's so:

Your partner has implied status from the moment CIC receive your work permit application so you do not need to wait for AOR to receive that status.
Implied status means your partner may remain in Canada under the restrictions listed on their existing work permit (other than the end/expiry date).
CIC stamp each application with the date it arrives and that info follows your application around, as long as that date is before the work permit expired then you are ok.

The main risk is that if your application gets returned (for example because you made a mistake) after the work permit expired then your partner will drop out of status. In that case they must immediately stop working, and you must resubmit the application with a "restoration of status" within 90 days of when the status expired.

Once you do receive AOR you can mostly breathe easy because you know the application hasn't been returned, that the implied status is in effect and isn't going to vanish; and that OWPs for inland applications are almost never rejected.

P.S. I'm also a Brit being sponsored by a Canadian so good luck!

Oh my goodness - that is EXACTLY the information I was looking for! Thank you for laying it out in such a detailed and easy to understand way, I feel much better . And yes - work permit I applied for an open work permit as well at the same time so fingers crossed. That’s great news about the implied status. Good luck also with your application !

 

[Addus]

Oh my goodness - that is EXACTLY the information I was looking for! Thank you for laying it out in such a detailed and easy to understand way, I feel much better . And yes - work permit I applied for an open work permit as well at the same time so fingers crossed. That’s great news about the implied status. Good luck also with your application !

One thing to note is what canuck78 said above, if he is on IEC then what I said does not apply (in which case I apologize).
If he has a regular work permit then what I said is correct and I'm glad you found it useful.

 

[sjoh]

One thing to note is what canuck76 said above, if he is on IEC then what I said does not apply (in which case I apologize).
If he has a regular work permit then what I said is correct and I'm glad you found it useful.

I am pretty sure he is not as that doesn’t sound familiar at all - he applied and received a 2 year work permit but I’m pretty sure it’s not EIC. Thank you for the follow up !

 

[sjoh]

One thing to note is what canuck78 said above, if he is on IEC then what I said does not apply (in which case I apologize).
If he has a regular work permit then what I said is correct and I'm glad you found it useful.

Hi - I just found out...he actually is on 'International Experience Canada' IEC permit - oh dear - what does that mean for us, or do you know where I can get more info? sorry to bother you again! you seem to know what you're talking about.

 

[Addus]

Hi - I just found out...he actually is on 'International Experience Canada' IEC permit - oh dear - what does that mean for us, or do you know where I can get more info? sorry to bother you again! you seem to know what you're talking about.

Don't panic.

My understanding is he'll have implied "visitor" status instead.
This means that when his work permit expires he must stop working until he receives his new work permit, but he can stay in Canada.

Otherwise, it's basically the same, implied status is from the moment the app was received. If the application is returned you'll need to send the restoration of status to get his visitor status back etc.
It's really important he maintains status because his OWP will be denied if he is out of status.

I'll let anyone else chime in if they have more experience, but that's my understanding.

 

[sjoh]

Don't panic.

My understanding is he'll have implied "visitor" status instead.
This means that when his work permit expires he must stop working until he receives his new work permit, but he can stay in Canada.

Otherwise, it's basically the same, implied status is from the moment the app was received. If the application is returned you'll need to send the restoration of status to get his visitor status back etc.
It's really important he maintains status because his OWP will be denied if he is out of status.

I'll let anyone else chime in if they have more experience, but that's my understanding.

okay, thank you!
i've been digging around this forum and some say he CAN work (as long as it's same employer and uses the same SIN) and some say he'll have to just be visitor - so it is a little confusing.
We did send in an Open Work Permit bridging visa application along with the sponsorship package. Also - he is actually a business owner and doesn't really get a salary anyway (sole owner, gets some dividends each month) - just to further complicate things!
thank you again for your help.

 

[Addus]

I am pretty sure he can NOT work. That's basically the difference.
Because an IEC and a Work Permit are "different".

You only get implied status for your permit if you are applying for one of the same type (another work permit, another study permit etc).
The IEC is non-extendable/renewable (it's a single shot 2 years and that's it) so it's never eligible for implied status. For what it's worth, you have my sympathy, I think it's ridiculous this is the case because in situations like this it makes zero sense.

The folks talking about working for the same employer under the same SIN etc are talking about the implied status I described in my first post when you are applying for another work permit (the conditions of your existing one are still valid until a decision is made).

 

[sjoh]

I am pretty sure he can NOT work. That's basically the difference.
Because an IEC and a Work Permit are "different".

You only get implied status for your permit if you are applying for one of the same type (another work permit, another study permit etc).
The IEC is non-extendable/renewable (it's a single shot 2 years and that's it) so it's never eligible for implied status. For what it's worth, you have my sympathy, I think it's ridiculous this is the case because in situations like this it makes zero sense.

The folks talking about working for the same employer under the same SIN etc are talking about the implied status I described in my first post when you are applying for another work permit (the conditions of your existing one are still valid until a decision is made).

I just saw this now! was logging back on to let you know I received the Acknowledgment of Receipt this morning via email (whew) so that was about within the 6 weeks timeline. Hopefully they will approve his work permit soon, and hopefully this means that the application won't be returned!

Thanks so much again for your help

 

[screech339]

I just saw this now! was logging back on to let you know I received the Acknowledgment of Receipt this morning via email (whew) so that was about within the 6 weeks timeline. Hopefully they will approve his work permit soon, and hopefully this means that the application won't be returned!

Thanks so much again for your help

Just a further notice. If your husband's IEC expires before getting his OWP, he has to stop working the day after it expires and wait for OWP to be approved before being allowed to work again. If he received his OWP before IEC expires, then it is a non-issue.