Hi all!
I have a question about the possibility of extending my partner's implied status.
My partner applied for an SOWP Renewal on August 19th on the basis of my PGWP (her SOWP was previously based on my study permit which expires this Nov 30th). As many of you likely know, processing times are really slow right now and we have had no updates even after 2 months. As we approach the expiration of her current SOWP, we want to have some backup plans in case of worst-case scenarios.
One scenario is that she receives a response before her expiration. If it is an acceptance, we're all set. If it's a rejection, we have until the expiration to reapply. But if it's a refusal, she will immediately have to stop working and can only apply for restoration of status.
Another scenario is that she keeps working on implied status even after her status has expired. In this case, both rejection and refusal will mean she has to immediately stop working.
This is a situation we want to avoid because if she can keep working just 2 more months, she will be eligible for Express Entry and can then apply for BOWP to continue working. One possible option we have come across is the option to submit a second application during processing period (pasted a link below, please scroll to the end). According to the website, if a second application has been submitted and the first application is refused, implied status is carried forward on the basis of the second application. So theoretically, we can at least buy the time we need on implied status even if both applications end up getting refused eventually. However, there is one caveat that I have a question about:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html#sec4)
I have a question about the possibility of extending my partner's implied status.
My partner applied for an SOWP Renewal on August 19th on the basis of my PGWP (her SOWP was previously based on my study permit which expires this Nov 30th). As many of you likely know, processing times are really slow right now and we have had no updates even after 2 months. As we approach the expiration of her current SOWP, we want to have some backup plans in case of worst-case scenarios.
One scenario is that she receives a response before her expiration. If it is an acceptance, we're all set. If it's a rejection, we have until the expiration to reapply. But if it's a refusal, she will immediately have to stop working and can only apply for restoration of status.
Another scenario is that she keeps working on implied status even after her status has expired. In this case, both rejection and refusal will mean she has to immediately stop working.
This is a situation we want to avoid because if she can keep working just 2 more months, she will be eligible for Express Entry and can then apply for BOWP to continue working. One possible option we have come across is the option to submit a second application during processing period (pasted a link below, please scroll to the end). According to the website, if a second application has been submitted and the first application is refused, implied status is carried forward on the basis of the second application. So theoretically, we can at least buy the time we need on implied status even if both applications end up getting refused eventually. However, there is one caveat that I have a question about:
- If we submit a second application before expiration of status, and the first one gets approved, should we then submit a request to withdraw the second application?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html#sec4)
