Spouse OWP Extension

[bvk7]

Hi All,

I'm currently on a WP-ICT which expires as of July 31 2020. My spouse currently works on a OWP which also expires the same day as mine . My employer has filed an WP-ICT extension and Visitor record extension for my spouse. It is currently in progress . At this point , can we go ahead and submit the OWP Extension for my spouse giving an explanation to IRCC ? Since I haven't got my WP-ICT approved , wondering if we can submit the OWP for my spouse and be in implied status and so she can continue to work ?
Please share your views and suggestions for this case .

 

[thevisawhisperer]

The answer starts with the question, why would your employer file for a Visitor Record for your spouse when she already has an OWP. And the rest of the answer is that your wife's OWP application should have accompanied your extension application. Clean and solves both your problems.

Now for the inefficiency that's been created, I think you now need to wait for your WP to be renewed before you can apply for your spouse. She will be on implied status and continue to work, by virtue of the Regulation as long as she abides by the conditions imposed on the original OWP. But once her visitor extension is approved she'll have to down tools until her new OWP can be processed.

Continuation of status and conditions

R183(6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.

 

[bvk7]

Thanks for your reply! Yes though my employer knows that she has a OWP they have applied visitor extension ( dependent) alone as per the process. Initial OWP was processed by ourselves and not the employer.

Without applying a OWP extension , can she continue to work in implied status? Thought atleast an OWP extension application should be submitted to be eligible to work.

 

[thevisawhisperer]

Without applying a OWP extension , can she continue to work in implied status?
Yes.
Your wife's OWP validity will depend on the validity of your WP. If your new permit hasn't already been processed to approval there will be no future date to which to extend hers. That's why they should have been applied for together. Now it's temporarily in limbo.

 

[bvk7]

Thanks for your reply. So she can work until the VISITOR record gets approved and stop working until we get a fresh OWP ? Is there a way to resume her work without having a break ? I understand my employer's way of renewal has created a different situation but just thought if an explanation can be given to her OWP extension application and add my new WP as proof once it is approved. I'm assuming that it should come in Aug 2020 based on the timings .

We have also got an invitation to apply for PR but I'm waiting to submit in Aug (After WP expiry July 2020) considering I will get 2 years of experience which can add some points to our CRS .

Do you suggest any way to avoid a break in her work ?

Thanks for your time

 

[scylla]

Thanks for your reply. So she can work until the VISITOR record gets approved and stop working until we get a fresh OWP ? Is there a way to resume her work without having a break ? I understand my employer's way of renewal has created a different situation but just thought if an explanation can be given to her OWP extension application and add my new WP as proof once it is approved. I'm assuming that it should come in Aug 2020 based on the timings .

We have also got an invitation to apply for PR but I'm waiting to submit in Aug (After WP expiry July 2020) considering I will get 2 years of experience which can add some points to our CRS .

Do you suggest any way to avoid a break in her work ?

Thanks for your time

As long as her work permit extension is submitted and received by IRCC before her OWP expires, she has implied status and can continue working until a decision is made in the work permit extension application.

 

[bvk7]

Thanks for your reply. But I'm confused . Can I apply her OWP extension when her Visitor record extension is in progress (My employer filed my WP and her Visitor record extension in June 2020)

 

[thevisawhisperer]

As long as her work permit extension is submitted and received by IRCC before her OWP expires, she has implied status and can continue working until a decision is made in the work permit extension application.

How can a work permit extension be applied for without a future validity date for the reference permit.