Dhan09
Hero Member
- Aug 3, 2016
- 340
- 76
- Category........
- CEC
- Visa Office......
- Ottawa
- App. Filed.......
- 07-03-2020
- AOR Received.
- 07-03-2020
Spouse Open Work permit
- Thread starter ashub
- Start date
Hwy guys,
If my spouse applies for SOWP from within Canada, does she get IMPLIED STATUS? Worth to mention - she already is on implied status from applying for visitor extension.
Thanks!
If my spouse applies for SOWP from within Canada, does she get IMPLIED STATUS? Worth to mention - she already is on implied status from applying for visitor extension.
Thanks!
Did you get married? First you need to update your PNP if you get married or live together for 1 year and are common law. Are you asking about applying for SOWP based on your employment in an NOC 0, A or B field? No, you wouldn't get implied status from that.
@canuck78 - not married yet but planning on, depending on the ways to make everything as safe as possible. I am aware I will need to add her to my ongoing PNP PR application of course. We wanted to do spousal sponsorship but I have not yet received PR and her visitor status is going to expire (she applied for extension). But I am guessing you answered our question already --- so we cannot get implied status from applying for SOWP based on my employment (yep, NOC B). So the only way to play it safe is to wait for her extension approval or if it comes as refusal, applying to restoration as a worker and submitting SOWP then? We really do not want to be separated and having her leaving Canada for lets say few months while awaiting SOWP approval...
Confused as to how you could apply for restoration as a worker if she is a visitor. If you have the funds a visitor extensions is usually granted especially the 1st extension. Best of luck!
@canuck78 - I read that restoration of status does not need to be of the same status previously held. So lets say she was a visitor but may get restoration as worker. But it's super risky if things go wrong.
As for funds - not sure what they see as "sufficient". We showed statements of around 20.000 CAD
As for funds - not sure what they see as "sufficient". We showed statements of around 20.000 CAD
Might be worth to mention that she is from visa exempt country, too? Considering refusal/approval rates...
We do really hope she will be granted an extension...
We do really hope she will be granted an extension...
Yes funds are sufficient. You can't do restoration as a worker if you are a visitor. Would wait and see about the extension. Likely will be approved.
@canuck78 Hmmm I'm uber confused now haha. I have been trying to find posts I read on it but obviously now, when most needed, tada, can't find them. Anyways, I remember reading somewhere in family class section about spousal sponsorship where people were suggesting to apply for OWP when visitor expired/extension was refused and giving OWP as a reason to restore their legal status?
Ok think I know what you may have read. When you apply for inland spousal sponsorship you can apply for an OWP at the same time. You usually get the OWP in 4 months. It is the OWP that gives you implied status if your visitor status runs out.
@canuck78 - someone in answer to one's issue with messed up visitor visa when they were about to apply for inland spousal, said:
'If you are submitting the inland PR app within 90 days of her status expiring, then include the OWP app and apply for Restoration as a worker."
This is what confused me as lady's status was a visitor :/
'If you are submitting the inland PR app within 90 days of her status expiring, then include the OWP app and apply for Restoration as a worker."
This is what confused me as lady's status was a visitor :/
Is it possible to apply for SOWP while on implied status from visitor extension application (even if SOWP itself does not give us one)? I know that CIC website says "valid status" - I am not sure whether implied status is consider as one?
Oh finally found posts that confused me on restoration thing.
That's what was one user's issue:
*I just called the consultant and she said I can only use the option "Restoration of your Status as a Worker" if I had a work permit before and if had expired", which is not the case because my last status was as a short-time student*
to which they got an answer:
*It doesn't matter what your status was before.*
That's what was one user's issue:
*I just called the consultant and she said I can only use the option "Restoration of your Status as a Worker" if I had a work permit before and if had expired", which is not the case because my last status was as a short-time student*
to which they got an answer:
*It doesn't matter what your status was before.*
I will be in a similar situation soon, currently on study permit but will be applying for sowp as common law of a pgwp holder (NOC B) job. My concern is what happens when my study permit expires(2months) while sowp is in process? I did not complete my studies.
