Implied status when submitting PR?

[youknowluke]

Hello I have a question so I don't have to talk with a lawyer again about this. My question is simple I'm on a work permit it expires October 5th 2018. If I submit my PR application before then will I benefit from Implied status or do I have to apply for the BWOP?

I just don't want to pay another $500 in work permit fees as its coming out of our savings for me and my common law on top of the already huge fee for PR of $2000 and of course all the other fees: medical etc. These government fees are killing us.

 

[zardoz]

Hello I have a question so I don't have to talk with a lawyer again about this. My question is simple I'm on a work permit it expires October 5th 2018. If I submit my PR application before then will I benefit from Implied status or do I have to apply for the BWOP?

I just don't want to pay another $500 in work permit fees as its coming out of our savings for me and my common law on top of the already huge fee for PR of $2000 and of course all the other fees: medical etc. These government fees are killing us.

You have to apply. A PR application does NOT automatically provide "implied status".

 

[youknowluke]

You have to apply. A PR application does NOT automatically provide "implied status".

Thanks but Damn they don't make this easy. Do I put my common law on my BWOP application and they she gets a permit aswell? or does she have to make an application separately?

Also I keep seeing people on about AORs but is that all old now as I am having to do my medical as part of my PR application before I submit it and police certificates.

Thanks so much for your help.

 

[jes_ON]

Do I put my common law on my BWOP application and they she gets a permit aswell? or does she have to make an application separately?

Only the Principal Applicant is eligible for the BOWP. A spouse is eligible for a spouse open work permit on the basis of the PA's BOWP. They are separate applications, but they can be submitted together.

Also I keep seeing people on about AORs but is that all old now as I am having to do my medical as part of my PR application before I submit it and police certificates.

Yes, the AOR is different now but it still exists. After you submit your eAPR, you will receive an email acknowledgment, usually within 24 hours. You need this to submit with your BOWP application.

 

[youknowluke]

Thanks thats kind of confusing and my immigration lawyer is away until September and I need to get the application sent ASAP as my work permit expires in October so does my girlfriend.

So after I submit my BWOP application she can apply for an open work permit or she has to wait until my BWOP comes back as that could take months (I've heard)? I'm just a little confused as she is working, and I need to keep her working so we can survive here lol, and she is on my PR application as common law so surely there is some other way.

 

[jes_ON]

Thanks thats kind of confusing and my immigration lawyer is away until September and I need to get the application sent ASAP as my work permit expires in October so does my girlfriend.

So after I submit my BWOP application she can apply for an open work permit or she has to wait until my BWOP comes back as that could take months (I've heard)?

As already stated above, they can be submitted together, at the same time. If you use the online process, it walks you through this.

But of course, you need to submit your eAPR and receive your AOR before then.

Make sure your eAPR is complete (well you have a lawyer, so he/she should make sure of that). If your eAPR is returned as incomplete, your permits will be refused...

 

[youknowluke]

I'm really confused now as I'm getting contradicting information about this. I finally spoke to my immigration lawyer yesterday she has said we should both apply for BOWP, since we are both applying for PR despite whether she is on my application as a dependent or not its irrelevant, as we both are applying for PR. So I brought up this forum and thread I created to her, and what you said. After she read this she wanted to double check and even went to CIC, and also checked the rules and regs and everything regarding this. She just got back to me and said you both must apply for BOWP and you're both eligible. She said you won't even get BOWP until your PR application is assessed anyway but we need the implied status (what a waste of $800 bucks lol) but she said typically for PR applications she submitted online it only takes 6-8 weeks currently to get PR.

My question to you is more why did you think it was the case that we needed to apply for different things? It may be my fault as I missed the part in saying that we both work in skilled occupations (I didn't think it was important in respect of this). My lawyer said thats crucial for my girlfriend to be eligible for BOWP that she is working in a skilled occupation Skill A or B, and if she wasn't she wouldn't be eligible.

 

[jes_ON]

I'm really confused now as I'm getting contradicting information about this. I finally spoke to my immigration lawyer yesterday she has said we should both apply for BOWP, since we are both applying for PR despite whether she is on my application as a dependent or not its irrelevant, as we both are applying for PR. So I brought up this forum and thread I created to her, and what you said. After she read this she wanted to double check and even went to CIC, and also checked the rules and regs and everything regarding this. She just got back to me and said you both must apply for BOWP and you're both eligible. She said you won't even get BOWP until your PR application is assessed anyway but we need the implied status (what a waste of $800 bucks lol) but she said typically for PR applications she submitted online it only takes 6-8 weeks currently to get PR.

My question to you is more why did you think it was the case that we needed to apply for different things? It may be my fault as I missed the part in saying that we both work in skilled occupations (I didn't think it was important in respect of this). My lawyer said thats crucial for my girlfriend to be eligible for BOWP that she is working in a skilled occupation Skill A or B, and if she wasn't she wouldn't be eligible.

The difference is a minor technicality. But if your lawyer doesn't know this...

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

"Eligibility parameters for bridging open work permits
To be eligible for a BOWP, foreign nationals must

• be currently in Canada;
• have valid status on a work permit that is due to expire within the next 4 months;
• be the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC (see note below), or 1 of the 2 caregiver classes;
• ...

"The following foreign nationals do not qualify for a BOWP:

• spouses and dependants of principal permanent resident applicants; "

"Spouse or common-law partner and dependants
Certain conditions must be met by the holder of a BOWP in order for their spouse or common-law partner to also be eligible for an open work permit under subparagraph R205(c)(ii) as a spouse or common-law partner of a skilled worker (see International Mobility Program: Public policy, competitiveness and economy)..."

NB: (There are no conditions if you apply under CEC...)

 

[youknowluke]

The difference is a minor technicality. But if your lawyer doesn't know this...

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

"Eligibility parameters for bridging open work permits
To be eligible for a BOWP, foreign nationals must

• be currently in Canada;
• have valid status on a work permit that is due to expire within the next 4 months;
• be the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC (see note below), or 1 of the 2 caregiver classes;
• ...

"The following foreign nationals do not qualify for a BOWP:

• spouses and dependants of principal permanent resident applicants; "

"Spouse or common-law partner and dependants
Certain conditions must be met by the holder of a BOWP in order for their spouse or common-law partner to also be eligible for an open work permit under subparagraph R205(c)(ii) as a spouse or common-law partner of a skilled worker (see International Mobility Program: Public policy, competitiveness and economy)..."

NB: (There are no conditions if you apply under CEC...)

No conditions under CEC class so the last part does not apply the R205 for getting an open work permit? So I will just apply for BOWP and her for an open work permit. Can they both be submitted online? I guess I need to include a letter of explanation with the open work permit application otherwise how will they know I am applying for BOWP and we both are applying for PR. Where do I apply online for the open work permit for her? Thanks for your knowledge and help.

 

[youknowluke]

The difference is a minor technicality. But if your lawyer doesn't know this...

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

"Eligibility parameters for bridging open work permits
To be eligible for a BOWP, foreign nationals must

• be currently in Canada;
• have valid status on a work permit that is due to expire within the next 4 months;
• be the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC (see note below), or 1 of the 2 caregiver classes;
• ...

"The following foreign nationals do not qualify for a BOWP:

• spouses and dependants of principal permanent resident applicants; "

"Spouse or common-law partner and dependants
Certain conditions must be met by the holder of a BOWP in order for their spouse or common-law partner to also be eligible for an open work permit under subparagraph R205(c)(ii) as a spouse or common-law partner of a skilled worker (see International Mobility Program: Public policy, competitiveness and economy)..."

NB: (There are no conditions if you apply under CEC...)

Also what would the LMIA exemption code be for the open work permit application as we are both on working holiday visas for her it would be C41? or is that just for an open work permit if the person has a open work permit not BOWP.

 

[jes_ON]

No conditions under CEC class"

Means your wife does not have to submit proof of YOUR skilled employment with her application (other classes like FSW must do this to be eligible).

So I will just apply for BOWP and her for an open work permit. Can they both be submitted online?
Please see my earlier posts...

I guess I need to include a letter of explanation with the open work permit application otherwise how will they know I am applying for BOWP and we both are applying for PR.
Again, you MUST provide a copy of your AOR.

Where do I apply online for the open work permit for her?
Again, if you use the online system, it will walk you through it. For BOTH of you.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[youknowluke]

Does that mean she has to submit proof her job is in a skilled category though? as my lawyer says she does. My lawyer said to use IMM5710 for my girlfriends open work permit application and use LMIA exemption code C41. Submit proof of her employment in a NOC category job and last three pay stubs, my lawyer also has written the cover letter I should submit with it. Ill probably submit via mail as my PR application will probably come through before they process the work permits and then I'm hoping the money won't get taken for them

 

[jes_ON]

Does that mean she has to submit proof her job is in a skilled category though? as my lawyer says she does. My lawyer said to use IMM5710 for my girlfriends open work permit application and use LMIA exemption code C41.

The application to extend is the correct form, this is what you would both fill out, whether you apply online or via paper. Your exemption code will be different, tho, A-75.

Submit proof of her employment in a NOC category job and last three pay stubs, my lawyer also has written the cover letter I should submit with it.


And your lawyer is wrong again. Can I suggest you find one who knows what they are doing?

Your spouse's open work permit is based entirely on your eligibility for a BOWP. If your BOWP is approved, her SOWP is approved. If your BOWP is refused, her SOWP is refused.

Mind you, submitting those things won't hurt her application, but they are completely irrelevant. You just need to submit both applications together, along with your AOR (include with both applications).

Ill probably submit via mail as my PR application will probably come through before they process the work permits and then I'm hoping the money won't get taken for them.

Best of luck, I worry about the other advice your lawyer has given....

 

[canuck_in_uk]

Does that mean she has to submit proof her job is in a skilled category though? as my lawyer says she does. My lawyer said to use IMM5710 for my girlfriends open work permit application and use LMIA exemption code C41. Submit proof of her employment in a NOC category job and last three pay stubs, my lawyer also has written the cover letter I should submit with it. Ill probably submit via mail as my PR application will probably come through before they process the work permits and then I'm hoping the money won't get taken for them

As jes said, maybe find a lawyer who knows what they are talking about. She is giving you incorrect information. Your girlfriend will be issued a work permit solely on the basis of you being issued a BOWP. It has nothing to do with her employment.