Extending work visa while waiting for Spousal decision?

[Keepfishing]

Hi guys,

My PR application under the spousal scheme is in process, however I suspect my work visa will expire prior to a decision being made.

Possibly foolishly, I declined to apply for a work permit when I made the PR applciation, because I figured I already had one. However, after an initial error causing it to be returned and delaying, the application is now in process and I've just sent in Police certificates, but I doubt a decision will be made before my post-graduate work visa expires at the start of August.

According to my online research, bridging visas aren't available for spousal PR applications. What am I able to do to extend? Or will I have to lose my job??

 

[WeegieInOttawa]

Hi guys,

My PR application under the spousal scheme is in process, however I suspect my work visa will expire prior to a decision being made.

Possibly foolishly, I declined to apply for a work permit when I made the PR applciation, because I figured I already had one. However, after an initial error causing it to be returned and delaying, the application is now in process and I've just sent in Police certificates, but I doubt a decision will be made before my post-graduate work visa expires at the start of August.

According to my online research, bridging visas aren't available for spousal PR applications. What am I able to do to extend? Or will I have to lose my job??

Did you apply inland or outland?

 

[WeegieInOttawa]

If inland you can apply for the owp “mid-process” but no guarantee youd get it before august.

 

[Keepfishing]

I applied inland. I'm currently working full time in Vancouver.

One of my friends has said I'll just get implied status and can carry on working after the work visa expiry. Is that better than applying for the OWP? (Obviously I know I wont be able to leave the country on implied status.)

 

[KBH]

I applied inland. I'm currently working full time in Vancouver.

One of my friends has said I'll just get implied status and can carry on working after the work visa expiry. Is that better than applying for the OWP? (Obviously I know I wont be able to leave the country on implied status.)

Unfortunately your friend is incorrect on multiple levels. No implied status is granted from the PR application whatsoever, so you would need to apply for the OWP to have implied status if your current work permit expired before the OWP was issued. Even with that being the case, as you would be applying for a different kind of work permit, you would not be able to continue working on implied status. You would, however, be able to remain in the country legally.

You can apply for the OWP now (it can be applied for at any time during the inland application). Anticipate a processing time of 3-4 months.

 

[YVR123]

You should send in your OWP asap. So you will get a shorter break in between your work permits.

Your friend is wrong.

 

[Keepfishing]

Thanks for the info. So if I apply for the OWP, can I be on implied status until that decision is made, given that I've applied for an extension of my current one?

 

[YVR123]

Thanks for the info. So if I apply for the OWP, can I be on implied status until that decision is made, given that I've applied for an extension of my current one?

So your current post-grad work permit is extendable? (I don't not know too much about study visa and related work permit)

If it's not extendable (e.g. IEC), when you apply for OWP, you will be in implied visitor status. Not implied worker.

Again, I am not too sure at this point because your current work permit isn't something I am familiar with.

 

[Keepfishing]

Yeah, I seem to be in an unusual grey area.

I've jumped through the eligibility hoops on CIC, and it told me I should use from
IMM 5710 E : Application to change conditions, extend my stay or remain in Canada as a worker

I guess that's not a straight up fresh OWP. might it be faster? Sorry for being naive...

 

[Keepfishing]

To be clear. My actual Visa says nothing about the post-grad thing. It's just the route that I applied for it. As seen, it's just a straight up 2 year open work permit.

 

[YVR123]

Thanks for the info. So if I apply for the OWP, can I be on implied status until that decision is made, given that I've applied for an extension of my current one?

I am confuse on the extension that you've already applied.
I did more reading and found out that PGWP cannot be extend.

So if you apply for spousal OWP, you will be on implied visitor status.

 

[KBH]

Yeah, I seem to be in an unusual grey area.

I've jumped through the eligibility hoops on CIC, and it told me I should use from
IMM 5710 E : Application to change conditions, extend my stay or remain in Canada as a worker

I guess that's not a straight up fresh OWP. might it be faster? Sorry for being naive...

This is the form that is used to apply for the inland spousal OWP. See application package here. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

 

[Keepfishing]

I am confuse on the extension that you've already applied.
I did more reading and found out that PGWP cannot be extend.

So if you apply for spousal OWP, you will be on implied visitor status.

Thanks. I haven't applied for the extension yet.
I guess I'll apply for the spousal OWP and cross my fingers that a decision is made fast.

 

[Keepfishing]

As far as i can tell from teh Government website, if I apply for the OWP, i will be able to continue to work until a decision has been made:

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html:

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

This seems contrary to what some of you were saying above. Is there any evidence to contradict it?

 

[YVR123]

As far as i can tell from teh Government website, if I apply for the OWP, i will be able to continue to work until a decision has been made:

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html:

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

This seems contrary to what some of you were saying above. Is there any evidence to contradict it?

This has been discussed many times before. Since your current work permit is not extendable (nor renewable). You are only on implied visitor status.

The spousal OWP is an application to a new work permit not an extension.