BOWP/IEC Question

[ozlis]

Hi Team,

My situation is this:

Currently in Canada on an IEC visa with my partner, both are due to expire March 2016. I have my next IEC visa approved and will activate it in Feb sometime.

My partner is unfortunately over the age limit to gain another IEC visa.

Have application in the pool for EE (points are unlikely to get an ITA at this point) and a PNP application in (hoping to hear this month about that).

If I get the PNP nomination and an ITA, what are my options to keep my spouse in the country and working? From what I understand the IEC visa is not eligible for implied status if we submit a BWOP after AOR which would mean he would need to change to visitor and stop working until the BWOP is approved?

Help, just trying to work out my plan of attack (he will likely go home for a while if he cant work).

 

[ozlis]

Anyone got any thoughts on this one?

 

[dunj]

From CIC website: "Your spouse or common-law partner can apply for open work permit if you are: 1) approved to work in Canada for six months or longer; and 2) doing a job at Skill level 0, A or B.

Note: If you have an open work permit (e.g. post-graduation work permit, IEC et cetera) your spouse must attach a copy of your work permit to their application for open work permit along with a letter of your current employer that confirms you work there in a NOC 0, A or BB occupation, or a copy of your employment offer or a contract and copy of your recent pay slips.

My suggestion is that you activate your permits together at a POE (implying that you're from a visa-exempt country). Bring the above required documents with you if you're not planning to change employers what would be the best idea. Good luck!

 

[ozlis]

Yep, I know that we can apply for the visa - just want to know if he can be on implied status while we wait for it to be approved?

 

[dunj]

But if it's already approved (WH), why would you go to implied status?

 

[dunj]

If I understand you correctly, you will activate your second WH before your current one expires. when you activate it, your partner will be eligible for owp immediately - he should receive it at the same time as you. that means, without going into implied.

As far as I know, while you're on wh, you cannot go implied while waiting for another wh.