Spouse Open Work Permit taking long to process (applied from inside Canada)

[JasjotSingh]

Hi All,

I have applied for spouse open work permit on Dec 1,2021 as my current one was expiring on Dec 31 2021 (I made correction on my application on Dec 3 by submitting webform). on applying I received a letter saying "Please attach this letter to your present work permit Number as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until March 31, 2022 or until a decision is made on your application, whichever is first."

It is already March 23, and I still did not receive/hear anything yet. Is anyone in similar situation as me?
Also If I did not hear anything until March 31 , can I continue to work with my current employer or I have to quit working until I hear anything ?

 

[Naturgrl]

Hi All,

I have applied for spouse open work permit on Dec 1,2021 as my current one was expiring on Dec 31 2021 (I made correction on my application on Dec 3 by submitting webform). on applying I received a letter saying "Please attach this letter to your present work permit Number as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until March 31, 2022 or until a decision is made on your application, whichever is first."

It is already March 23, and I still did not receive/hear anything yet. Is anyone in similar situation as me?
Also If I did not hear anything until March 31 , can I continue to work with my current employer or I have to quit working until I hear anything ?

How are you eligible for an extension of a SOWP? You need to stop working on March 31 if you haven't head anything.

 

[Jack Charlton]

Hi, I too applied on December 4th 2021 for my student permit extension, along with my spouse's SOWP inside Canada. Both applications are pending decision. Its more than 112 days now.

Hi All,

I have applied for spouse open work permit on Dec 1,2021 as my current one was expiring on Dec 31 2021 (I made correction on my application on Dec 3 by submitting webform). on applying I received a letter saying "Please attach this letter to your present work permit Number as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until March 31, 2022 or until a decision is made on your application, whichever is first."

It is already March 23, and I still did not receive/hear anything yet. Is anyone in similar situation as me?
Also If I did not hear anything until March 31 , can I continue to work with my current employer or I have to quit working until I hear anything ?

 

[Jack Charlton]

Hi, I too applied on December 4th 2021 for my student permit extension, along with my spouse's SOWP inside Canada. Both applications are pending decision. Its more than 112 days now.

And, You are eligible to work till the decision is made.

Please click the link and refer in the heading "Work permit exemption authorities": https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-implied-status.html

• the holder of an open work permit may continue to work for any employer until the decision is made on the renewal of the work permit.

 

[Jack Charlton]

And, You are eligible to work till the decision is made.

Please click the link and refer in the heading "Work permit exemption authorities": https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-implied-status.html

• the holder of an open work permit may continue to work for any employer until the decision is made on the renewal of the work permit.

@JasjotSingh, If your extended letter of 120 days expires, do not worry. You can use a web form to request another extension of 120 days. Please read below passage. You can refer the same in the link mentioned in previous reply
"
If the 120 days have passed and no decision has been rendered
In cases where the 120 days have passed and no decision has been rendered, the applicant may request continued proof of authorization to work using the IRCC Web form.

Client Support Centre (CSC) agents can confirm that an IMM 5988 – WP-EXT only except PGWP letter exists in the Outgoing Correspondence view tab. If yes, CSC agents may send the following text to the requestor:

Thank you for contacting IRCC. We verified and can confirm that your application is still in processing. You can therefore continue working for another 120 days from the date of this response. You may attach this response to your expired work permit and the letter previously sent to you as proof of your continued authorization to work without a permit under paragraph 186(u) of the Immigration and Refugee Protection Regulations.
"
They say 90% of applications are processed in the first 120 days itself. If not, you can ask extension for another 120 days and you will be provided.

Please post here if you if you get any response.

 

[Naturgrl]

And, You are eligible to work till the decision is made.

Please click the link and refer in the heading "Work permit exemption authorities": https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-implied-status.html

• the holder of an open work permit may continue to work for any employer until the decision is made on the renewal of the work permit.

The link you posted is for those within the IMP stream.

Title is Pending decision on work permit renewal [R186(u)] – Authorization to work without a work permit: International Mobility Program

 

[Jack Charlton]

The link you posted is for those within the IMP stream.

Title is Pending decision on work permit renewal [R186(u)] – Authorization to work without a work permit: International Mobility Program

Please ignore previous link. But the rules still stay the same. Open Work Permit holders can still work if the decision is pending and applied before expiry.
Please refer: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/extend/expired-permit.html

"You can keep working under the same conditions of your current work permit. If you have an employer-specific work permit, this means having the same

• employer
• job
• work location

Open work permit holders can still change employers and jobs." Its not that they have to stop working.

 

[Jack Charlton]

@JasjotSingh have you got any response from IRCC?

 

[RAKZ]

Hello,

I really appreciate your feedback on the spouse's open work permit. I have been working in Canada since June 2020, and I applied for SOWP for my wife in Dec 2020 (outland). Yesterday, she received PPR. However, my current WP will be going to end in June 2022, which is in 3 months. I applied already for a new work permit inside Canada. Does it create any problem in the port of entry for my spouse, when she landed in Canada?. Does my IRCC letter (the letter provided for authorization to work until my new work permit issue) allow her to enter Canada? Please give me a suggestion?

 

[JasjotSingh]

Hi sorry for late reply ,

I did not hear anything yet from IRCC , still waiting !

 

[Jack Charlton]

Hi sorry for late reply ,

I did not hear anything yet from IRCC , still waiting !

Ok. I am also still waiting for a reply from IRCC. Let me know if you get any updates.

 

[Jack Charlton]

Hello,

I really appreciate your feedback on the spouse's open work permit. I have been working in Canada since June 2020, and I applied for SOWP for my wife in Dec 2020 (outland). Yesterday, she received PPR. However, my current WP will be going to end in June 2022, which is in 3 months. I applied already for a new work permit inside Canada. Does it create any problem in the port of entry for my spouse, when she landed in Canada?. Does my IRCC letter (the letter provided for authorization to work until my new work permit issue) allow her to enter Canada? Please give me a suggestion?

Generally, if an accompanying partner needs to come to Canada, the primary applicant's visa is expected to be valid for more than 3 months, but I don't find any written rules related to this. You can ask her to travel, showing her visa and your work permit extension application, and tell them at the border if they ask anything that she would apply for an extension asap, as you will not be able to apply for an extension for her before she gets the original permit. By God's grace, she should be allowed across the border without any problem.

 

[RAKZ]

Generally, if an accompanying partner needs to come to Canada, the primary applicant's visa is expected to be valid for more than 3 months, but I don't find any written rules related to this. You can ask her to travel, showing her visa and your work permit extension application, and tell them at the border if they ask anything that she would apply for an extension asap, as you will not be able to apply for an extension for her before she gets the original permit. By God's grace, she should be allowed across the border without any problem.

Thank you Jack. I applied for my spouse as well along with me. I will give her the letters for smooth entry along with the current work permit copy. Hope everything will be fine.

 

[Jack Charlton]

Is there any update on the extension on study permit and spousal open work permit ?

 

[RAKZ]

Generally, if an accompanying partner needs to come to Canada, the primary applicant's visa is expected to be valid for more than 3 months, but I don't find any written rules related to this. You can ask her to travel, showing her visa and your work permit extension application, and tell them at the border if they ask anything that she would apply for an extension asap, as you will not be able to apply for an extension for her before she gets the original permit. By God's grace, she should be allowed across the border without any problem.

when I applied for WP extension, I received a letter stating the authorization to work until August with current work permit. Would that be suffice for my spouse to enter Canada since I have booked the tickets for May 19 (3 months to August). Please advise?