Confusion going from IEC to SOWP and implied status

[NBosprey]

Hi there,

I'm a Canadian citizen who is in the process of sponsoring my common-in-law partner who is British. He is currently has an IEC open work permit but it will be expiring soon. We haven't received our AOR yet but I read on IRCC that you can apply for a Spouse Open Work Permit if your current work permit will be expiring in less than two weeks. There's still a few things I'm confused on
1) When he applies for the SOWP does this count as him getting a new work permit or an extension of his old one?
2) If he is working, does he fall under implied status while he is waiting for the decision on his SOWP?
3) Can you get a letter or something from IRCC to state you are allowed to continue working (same position and everything) while you wait on the decision?

Any information or advice would be greatly appreciated

 

[scylla]

Hi there,

I'm a Canadian citizen who is in the process of sponsoring my common-in-law partner who is British. He is currently has an IEC open work permit but it will be expiring soon. We haven't received our AOR yet but I read on IRCC that you can apply for a Spouse Open Work Permit if your current work permit will be expiring in less than two weeks. There's still a few things I'm confused on
1) When he applies for the SOWP does this count as him getting a new work permit or an extension of his old one?
2) If he is working, does he fall under implied status while he is waiting for the decision on his SOWP?
3) Can you get a letter or something from IRCC to state you are allowed to continue working (same position and everything) while you wait on the decision?

Any information or advice would be greatly appreciated

I'm not sure what 2 week rule you are talking about. You need to wait for AOR before you apply for the BOWP.

1) New open work permit.
2) Yes.
3) I'm not aware of anything like that.

 

[NBosprey]

This is a copy and paste from the IRCC website. This might be a new rule/policy they have put in place but according to them you can if you have applied in the Canada Class

You have valid temporary resident status
Once you get your AOR letter, you can apply for an open work permit. You must apply online in the IRCC secure account.

Who’s eligible to apply for a work permit without an AOR
You can only apply for a work permit without an AOR if you meet both of the following criteria:

• your work permit, study permit or temporary resident status will expire in 2 weeks or less and
• you’ve applied for permanent residence under one of the following classes:
  • the spouse or common-law partner in Canada class (SCLPC) as a spouse or common-law partner
  • the family class as a spouse, common-law or conjugal partner (sponsored overseas)