Expiring work permit during spouse sponsorship processing.

[cesspoolx]

Hi everybody. We have a few questions that I hope some people have answers for.
This is our background so far....

I am a Canadian who just married a Czech girl while she was here on a 1 year working holiday.
We sent off our spousal sponsorship package just last month (within Canada).
Her working visa expires at the beginning of September.

1) Can she still stay here in Canada after the visa expires?
2) Does she have to apply for a different visa during this waiting period?
3) If we have to extend her visa, what type of visa would it be?
4) When is the soonest she can work?
5) If she leaves for her home country for vacation, will she be allowed back into Canada?
6) Best options for us?

If anyone has information or advice, I would be eternally grateful.
Navigating the CIC website is very confusing and not producing the answers we need.
We hope this forum can deliver.

Much thanks, have a great day.

 

[canuck_in_uk]

1) Can she still stay here in Canada after the visa expires?
2) Does she have to apply for a different visa during this waiting period?
3) If we have to extend her visa, what type of visa would it be?
4) When is the soonest she can work?
5) If she leaves for her home country for vacation, will she be allowed back into Canada?
6) Best options for us?

Hi

Did she submit an Open Work Permit along with the inland PR app? Submission of an OWP gives her Implied Status and allows her to stay in Canada until it is processed, which happens when you are approved as sponsor. After that, she can work until granted PR.

1) If she submitted the OWP, yes she can stay. If not, she needs to either send it in, apply to change her status to visitor ASAP or leave Canada before her IEC expires.
2) If she submits the OWP, no. If not, she needs to keep extending her visitor status until PR is approved.
3) Already explained above
4) The consensus amongst experts on these forums is that those on an IEC visa who apply for a new work visa are NOT allowed to work while on Implied Status. She would just be a visitor until the OWP is approved after sponsor approval.
5) She MUST STAY INSIDE Canada while the inland PR app is processing. If she is refused entry back into Canada (which is very possible because she would require a TRV to re-enter and CIC is notorious for refusing them for spouses of Canadians or Canadian PRs), the PR app would be cancelled and you guys would have to start all over again outland.
6) If you haven't already done so, submit the OWP app. She can then stay in Canada throughout the process and work after sponsor approval.

 

[cesspoolx]

A belated thanks to Canuck_in_Uk for the help.

Just a followup to our situation and some new questions that just arose....

Just last night we got word that our application to extend her TFW visa got declined. Today her work permit expires.
So last night we applied for visitor status. During this waiting period until we hear back from this visitor status, will
there be any repercussions for her while staying here?
Also what would be our best options for roughing it out until we hear back from our spousal sponsorship?
Application was sent on the last day of July. I would imagine it would be many months before it gets looked at.
Any help would be grateful. Much thanks.

 

[CanK]

No. You should be fine.

You have implied status while they process your visitor visa.

Good Luck!

 

[screech339]

4) The consensus amongst experts on these forums is that those on an IEC visa who apply for a new work visa are NOT allowed to work while on Implied Status. She would just be a visitor until the OWP is approved after sponsor approval.

That's is not the opinion of those on the forum that EIC cannot get "implied status". That is the rule/regulation of the limitations of EIC. Those on EIC during inland sponsorship must quit their job on day of IEC expire date and wait until OWP is granted to work again. However if that person were to get OWP before IEC expires all the better. It means that nothing changes only that now he/she can work for any employer.

Screech339

 

[canuck_in_uk]

A belated thanks to Canuck_in_Uk for the help.

Just a followup to our situation and some new questions that just arose....

Just last night we got word that our application to extend her TFW visa got declined. Today her work permit expires.
So last night we applied for visitor status. During this waiting period until we hear back from this visitor status, will
there be any repercussions for her while staying here?
Also what would be our best options for roughing it out until we hear back from our spousal sponsorship?
Application was sent on the last day of July. I would imagine it would be many months before it gets looked at.
Any help would be grateful. Much thanks.

Did you submit an OWP app with the PR app?

 

[cesspoolx]

We didn't know about sending an owp with the pr application. There was no mention of anything on the cic website about it.
I think we are stuck extending her status as visitor until everything clears.

 

[canuck_in_uk]

We didn't know about sending an owp with the pr application. There was no mention of anything on the cic website about it.
I think we are stuck extending her status as visitor until everything clears.

She can still send the OWP app. Mail it to Vegreville with a cover letter including all of her info and details of the sponsorship app. Across the top of the application, write something like "OWP to be processed after sponsor approval". They should match it up with her PR app so she will get the work permit after sponsor approval.

 

[Line.a]

Send and pay the OWP as soon as possible. I'm not sure if it only applies being on implied status when you send the OWP along the PR application or if you're allowed to send it after Vegreville has received the package. Maybe explain your situation to them as you apply for the OWP!

 

[automaton82]

We didn't know about sending an owp with the pr application. There was no mention of anything on the cic website about it.
I think we are stuck extending her status as visitor until everything clears.

It's kind of hidden on the instruction guide, but it's there (http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp):

Working and studying

As a general practice, we will advise applicants in writing when they are eligible to apply for a work or study permit.

However, if an applicant already holds a work or study permit and wants to maintain his or her temporary resident status, the applicant may apply to extend his or her status before receiving our letter. Regardless of whether the application is submitted before or after receiving our letter, refer to the guides for Applying to Change Conditions or Extend Your Stay in Canada. These guides may be obtained by visiting our website or by contacting the Call Centre.