Seeking Advice on PGWP Processing Delays and Options for Spousal Work Permit

[naidusuresh36]

Hi all,

I am seeking advice from all of you. My current situation is that I hold a PGWP (Post-Graduation Work Permit). I was supposed to receive it for 3 years, but I received it for 1 year because my passport was due to expire. I renewed my passport and reapplied for my remaining PGWP years via paper application on 31st August 2023. I have not received any updates yet (280+ days have passed, and the processing time is 90 days). I raised 3 webforms and 2 GCMS notes. I tried contacting my local MP, Marc Miller, the immigration minister himself, but I haven't received any response from him.

Now to my real issue. I am married, and my wife is here on a visitor visa. I was hoping that my PGWP would be processed, and I would flagpole her and get her a work permit (WP). She has to leave by the first week of August (completion of 6 months). I don't know what to do in this scenario.

Both of us have a combined CRS score of ~536 points, but the issue is I am located in Montreal and I do not know French. I have requested to move my office location, which might happen around August, and then I can apply for my PR (Permanent Residency).

What are my options? How do I go about getting my wife a work permit? How do I expedite my PGWP processing? I was reading that flagpoling is being restricted now, and the options look grim to me. Do I apply for PR from Montreal and wait for the draw, then submit an intention to move?

Please give me some advice.

 

[lilyelliott4]

Hi,

I understand your situation is quite stressful, but let's break down your options and see what steps you can take to resolve the issues you're facing.

### PGWP Processing Delay

1. **Follow Up on Your Application:**
- Since it's been over 280 days, continue following up regularly. You've already raised webforms and GCMS notes, which is good.
- Keep trying to contact your local MP's office. Sometimes persistent follow-ups can yield results.

2. **Expedited Processing:**
- If you haven't already, consider using the IRCC webform to request urgent processing due to the expiration of your current permit and your specific situation.
- You might also reach out to an immigration consultant or lawyer who can provide professional assistance and potentially expedite the process.

### Work Permit for Your Wife

1. **Extend Her Visitor Status:**
- As a temporary solution, you can apply to extend her visitor visa before it expires. This will give you some more time to resolve your situation without her having to leave the country.

2. **Spousal Open Work Permit (SOWP):**
- If your PGWP is processed, your wife may be eligible for a Spousal Open Work Permit (SOWP). Make sure to have all the necessary documents ready for submission as soon as your PGWP is granted.

### Permanent Residency (PR)

1. **Express Entry:**
- With a CRS score of ~536, you have a strong chance of being invited to apply for PR.
- If you plan to move out of Quebec, ensure that your Express Entry profile and PR application clearly reflect your intention to reside outside Quebec.
- If you can move your job outside of Montreal by August, it will strengthen your case for PR through Express Entry.

2. **Intention to Move:**
- If you apply for PR while still in Montreal, you must convincingly demonstrate your intention to move to another province. This could be shown through a job offer in another province or any other ties to the new location.

### Flagpoling

- **Current Restrictions:**
- While flagpoling is being restricted, it might still be an option if you can travel to a border crossing that allows it. However, be prepared for potential complications.
- It’s advisable to call the border services office you plan to visit ahead of time to confirm they are processing work permits.

### Summary of Action Steps

1. **Follow up persistently with IRCC and your MP about your PGWP application.**
2. **Apply to extend your wife's visitor visa to give more time.**
3. **If your PGWP is granted soon, apply for a SOWP for your wife.**
4. **Prepare to move your job outside Quebec if possible to improve your PR application chances.**
5. **Ensure your Express Entry profile and PR application reflect your intention to reside outside Quebec.**
6. **Consider consulting an immigration professional for personalized advice and assistance.**

I hope this helps. Hang in there, and best of luck with your application!

Best regards,
Lily.

 

[naidusuresh36]

Hi Lily,
Thank you so much for the detailed response.

I have one follow up question. If I receive my work permit and I apply for a SOWP- does that mean my wife is in Implied status and she can continue to stay in Canada?

 

[lilyelliott4]

Hi Lily,
Thank you so much for the detailed response.

I have one follow up question. If I receive my work permit and I apply for a SOWP- does that mean my wife is in Implied status and she can continue to stay in Canada?

Hi,

You're welcome!

To answer your follow-up question, if you apply for a Spouse Open Work Permit (SOWP) while your wife is already in Canada, she will indeed be in implied status as long as her current status is valid at the time of application and until a decision is made on her SOWP application. This means she can legally stay in Canada and continue to reside there under the same conditions as her previous permit, even if it expires while waiting for the decision.

Let me know if you have any more questions!

Best regards,
Lily

 

[iSaidGoodDay]

Hi,

You're welcome!

To answer your follow-up question, if you apply for a Spouse Open Work Permit (SOWP) while your wife is already in Canada, she will indeed be in implied status as long as her current status is valid at the time of application and until a decision is made on her SOWP application. This means she can legally stay in Canada and continue to reside there under the same conditions as her previous permit, even if it expires while waiting for the decision.

Let me know if you have any more questions!

Best regards,
Lily

stop spamming ChatGPT responses.