Spousal open work permit for married couple pending aor

[Jaybird94]

Hi all,

I’m a PR holder. My wife is a PGWP Holder. We got married in Dec 2023 in Canada and started the spousal pr process in Jan 2024, all the documents were ready except an India PCC.

We’ve been dealing with name issues, her name is same everywhere her dads name is different at the Indian police station so they keep amending her name to fit his name when returning the pcc. This means BLS in Canada is rejecting the pcc because the name doesn’t match.

She’s currently full time employed since July 2023 at the same company and her pgwp expires in November. We want to apply for a SOWP while waiting for her PR but the application requires an AOR. Is there any way to go about this and still retain our jobs? The fear is that by the time the (now 3rd) pcc arrives it’ll have the same rejection reason and we’ll still be without an AOR.

 

[alex00]

Go to this page: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
Scroll down to answer yes to the question "Do you have valid temporary resident status? (required)"
There is a section "Who’s eligible to apply for a work permit without an AOR". Read that and all the instructions on that page.

 

[Jaybird94]

Go to this page: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
Scroll down to answer yes to the question "Do you have valid temporary resident status? (required)"
There is a section "Who’s eligible to apply for a work permit without an AOR". Read that and all the instructions on that page.

I read that and my main concern is it seems we’re going to need to wait until either the PCC and AOR are here, or until it’s less than 2 weeks for her status to expire to reapply with a LoE, but no matter what if the pgwp expires while the sowp is processing she will need to stop working.

 

[alex00]

I read that and my main concern is it seems we’re going to need to wait until either the PCC and AOR are here, or until it’s less than 2 weeks for her status to expire to reapply with a LoE, but no matter what if the pgwp expires while the sowp is processing she will need to stop working.

Once she applies, she will have maintained status and will be able to continue working.

Best of luck to you.

 

[Jaybird94]

Once she applies, she will have maintained status and will be able to continue working.

Best of luck to you.

this is what I want to hear but I can’t seem to find any sources confirming that you’ll be on implied status in between.

 

[j_2024]

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=188&top=17

This page says that she'd be able to continue working as per the conditions of the original work permit she has.

Good luck!

 

[canuck78]

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=188&top=17

This page says that she'd be able to continue working as per the conditions of the original work permit she has.

Good luck!

This doesn’t apply. They need AOR from spousal sponsorship first and then they can apply for a SOWP. Depending on the timing may have implied status

 

[alex00]

This doesn’t apply. They need AOR from spousal sponsorship first and then they can apply for a SOWP. Depending on the timing may have implied status

They can apply without AOR if she is within 2 weeks of her WP expiring, which she might be before they get AOR due to the PCC situation.