Common Law Sponsor and Open Work Permit question

[sweetj21]

Hi guys,
I just found this forum yesterday, more than a month after we had sent in our application for sponsorship. The forum looks incredibly helpful, and I wish I had found it sooner.

I'm sponsoring my common-law spouse who is American, she came to Canada with a study permit and got a Post Grad work permit after finishing school. We just sent in the application about a month ago, but her current post grad work permit is expiring today. At the time of sending the sponsorship forms, I wasn't aware that she would have to apply for an open work permit at the same time and she thought that by sending the sponsorship paperwork alone would give her implied status and she would be able to continue working. I called CIC yesterday and the agent told me to fill out forms for a work permit and send them ASAP.

We filled out the paperwork for an open work permit yesterday (in a panic) and dropped it off at Canada Post, unfortunately after the last pickup for the day. So it is getting mailed out today, expected to arrive at Vegreville on Tuesday (we have a tracking number).

So my question is, is she able to continue working past today? We sent off the application before the expiration, but they haven't received it yet. So I don't know if that qualifies for the implied status. Also, I had heard about some 60 day grace period with the work permits, but haven't been able to find anything online about it.

If she isn't in implied status, do we have to wait for the sponsorship application to be progressed through approval stage 1 (or 2?) before she can get an open work permit?


Thank you so much for anyone who replies, very stressed right now about this!

Eric

 

[sweetj21]

Just a follow up, in case anyone is in a similar situation and finds this post.

I called CIC with a bunch of questions regarding the situation, and the agent provided the following. Hopefully the information is correct.
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As long as the application was postmarked before expiration of the existing permit, you maintain status in Canada. They won’t process the open work permit application until after we have AIP (Approval in Principle) on the sponsorship, which will take 8-10 months at the current rate. That’s considered the end of Phase 1 of the sponsorship application. Until we hear back about the work permit, she has implied status and can continue on whatever work conditions she had on the old work permit.

If they deny the work permit before final approval of sponsorship, she loses status in Canada and will have to leave the country.
If she leaves the country while the inland application is in progress, they will void the application and we would need to reapply from an outland application.

 

[bankerguy]

This is very useful information.

My girlfriend is from Japan, she's been living here for 6 years. She graduated from university in Canada and 2 years ago. She is curretnly on a post grad work permit, she has 1 year remaining on it.

We are applying for PR through Family class - Common-law.

The application will take approximately 18 months. SO, since her Post grad work visa will expire in 1 year, there will be a 6 month window where she wont have a valid visa or a PR yet.

I see in your case, you applied for the open work visa. can you send me a link to the form? i cant seem to find it on the complicated govt website. also, you said you spoke with an officer who gave you the info, what phone number did you call?

thanks,

 

[screech339]

This is very useful information.

My girlfriend is from Japan, she's been living here for 6 years. She graduated from university in Canada and 2 years ago. She is curretnly on a post grad work permit, she has 1 year remaining on it.

We are applying for PR through Family class - Common-law.

The application will take approximately 18 months. SO, since her Post grad work visa will expire in 1 year, there will be a 6 month window where she wont have a valid visa or a PR yet.

I see in your case, you applied for the open work visa. can you send me a link to the form? i cant seem to find it on the complicated govt website. also, you said you spoke with an officer who gave you the info, what phone number did you call?

thanks,

For your reference, applying online for OWP is only available to those who received AIP status. You can't apply online for an OWP before AIP has been granted. So in your case, if you want to apply for OWP, you must submit the application by mail or with your inland application.

Screech339