Transferring from International Experience Canada to Spouse working visa

[simon18309]

Hi all,


My wife is currently in Canada with International Experience Canada. Her working visa (Class 58) expired on Nov 06 2020. We were not marry when she came to Canada and we married on July 18 2020. We have submitted a sponsorship application on Sep 28 2020, alongside with a working visa application. However, I don't expect her new working visa will come before Nov 06 2020. We consulted with 2 IRCC agents with our questions which both come up with different answers, one said she could work under implied status and another one said she will have to stop working since it is a new working visa application. I have 2 questions regarding to that:

1) Do you all think it is an extension or a new application? If it is an extension, will it fall under implied status?
2) How long does it take to switch her to visitor if she can't work? I don't want her to lose status in Canada.


Thank you and any input is highly appreciated.

 

[scylla]

Hi all,


My wife is currently in Canada with International Experience Canada. Her working visa (Class 58) expired on Nov 06 2020. We were not marry when she came to Canada and we married on July 18 2020. We have submitted a sponsorship application on Sep 28 2020, alongside with a working visa application. However, I don't expect her new working visa will come before Nov 06 2020. We consulted with 2 IRCC agents with our questions which both come up with different answers, one said she could work under implied status and another one said she will have to stop working since it is a new working visa application. I have 2 questions regarding to that:

1) Do you all think it is an extension or a new application? If it is an extension, will it fall under implied status?
2) How long does it take to switch her to visitor if she can't work? I don't want her to lose status in Canada.


Thank you and any input is highly appreciated.

Yes - she can work under implied status. I'm assuming you submitted an application for an open work permit along with an inland spousal sponsorship application.

You should have submitted a new work permit application, not an extension. You cannot extend the IEC. You are applying for a new OWP.

The only reason she would lose her status in Canada and have to stop working is if for any reason the application package was returned as incomplete.

 

[simon18309]

Yes - she can work under implied status. I'm assuming you submitted an application for an open work permit along with an inland spousal sponsorship application.

You should have submitted a new work permit application, not an extension. You cannot extend the IEC. You are applying for a new OWP.

The only reason she would lose her status in Canada and have to stop working is if for any reason the application package was returned as incomplete.

Yes that is correct. We applied for inland spousal sponsorship. We found that so confusing as one agent specifically stated that is a new application and implied status is only applicable to those who are seeking to extend their working visa.

Do you think it will be better for her to transfer into visitor? I know she will have to leave Canada if the application package returned as incomplete. We don't really want to risk that, especially during Covid 19.

Thanks