Work permit refused, waiting for other one.

[Karanimmigration01]

Hello everyone,

I really need your very urgent advice, please.

My PGWP WP expired in March, and before it’s expiry, I applied for an extension to maintain my status and be on implied status, and then in April I applied for Spouse Open work permit. So my first WP application got rejected, and I got notified that I cannot work or study now until I get a result for the permit I applied on basis of SOWP

I am still waiting for its result, but I need your advice for my job.

Should I tell my employer, as they will terminate me and I am not sure if they will hire me again when I get my other permit? Or I can just take a leave of absence (LOA) for medical reasons and stay out of work without pay until I get my other permit. Please help.

 

[Naturgrl]

Hello everyone,

I really need your very urgent advice, please.

My PGWP WP expired in March, and before it’s expiry, I applied for an extension to maintain my status and be on implied status, and then in April I applied for Spouse Open work permit. So my first WP application got rejected, and I got notified that I cannot work or study now until I get a result for the permit I applied on basis of SOWP

I am still waiting for its result, but I need your advice for my job.

Should I tell my employer, as they will terminate me and I am not sure if they will hire me again when I get my other permit? Or I can just take a leave of absence (LOA) for medical reasons and stay out of work without pay until I get my other permit. Please help.

You cannot work so you have to tell them that you have no work permit. You must wait on SOWP. How are you eligible for SOWP?

 

[Karanimmigration01]

I have applied on SOWP on basis of common law.
If I tell them most probably they will try to refill the position.
What is the law? Can I be on unpaid leave or like medical leave?
or they have to finish my contract?

 

[forevermore76]

You cannot work so you have to tell them that you have no work permit. You must wait on SOWP. How are you eligible for SOWP?

OP is also out of status so very likely SOWP will be rejected too unless it's under PR.

 

[Naturgrl]

I have applied on SOWP on basis of common law.
If I tell them most probably they will try to refill the position.
What is the law? Can I be on unpaid leave or like medical leave?
or they have to finish my contract?

Since posting under Express Entry then assume you have PR application underway.

You are now out of status as you have no work permit. You cannot ask for leave because you have no status in Canada. You must tell your employer that you have no work permit. Assume you changed your CRA and IRCC status to common law, and same for your partner.

You are now out of status. Change status to visitor.

 

[Karanimmigration01]

I applied my first work permit before expiry of my original work permit. Which means I have maintained my status. Also in the refusal I got it is written that you have maintained your temporary resident status but you can not work or study until we process your next application.

 

[Naturgrl]

I applied my first work permit before expiry of my original work permit. Which means I have maintained my status. Also in the refusal I got it is written that you have maintained your temporary resident status but you can not work or study until we process your next application.

You must tell your employer you have no work permit. You cannot lie. It is up to your employer to decide what to do.

 

[Karanimmigration01]

Alright.
I have other concern now, will my SOWP will get accepted?
As on the refusal letter for this one it is mentioned that I have maintained my status and have to wait for other one to start working or study.
But someone commented that I am out of status now. I am not able to understand, please help

 

[forevermore76]

I applied my first work permit before expiry of my original work permit. Which means I have maintained my status. Also in the refusal I got it is written that you have maintained your temporary resident status but you can not work or study until we process your next application.

The good thing is you have maintained your status but it's clear you can't work. It's up to the employer if they want to put you on Leave of Absence, certainly a possibility.
By not informing employer about your status, you will put them under violation too. It'll all very likely come back to haunt you when you apply for PR if you decide to keep them in the dark and choose to work illegally.

 

[Naturgrl]

Alright.
I have other concern now, will my SOWP will get accepted?
As on the refusal letter for this one it is mentioned that I have maintained my status and have to wait for other one to start working or study.
But someone commented that I am out of status now. I am not able to understand, please help

If letter says you have maintained status (visitor/worker) then you have maintained status. We don’t know what the letter stays. Is this through Express Entry? And you and your partner have updated files for common law with IRCC and CRA? How long common law?

 

[Karanimmigration01]

This is what the letter says “
We also wish to advise you that your temporary resident status has been maintained until a
decision…..”

And I have only applied for work permit as my partner’s work permit has more validity than me.
Common law is more than 12 months.
For express entry we haven’t added each other in the profile as it affects our scores. For now I am just trying to extend my permit on basis of her.

 

[Naturgrl]

This is what the letter says “
We also wish to advise you that your temporary resident status has been maintained until a
decision…..”

And I have only applied for work permit as my partner’s work permit has more validity than me.
Common law is more than 12 months.
For express entry we haven’t added each other in the profile as it affects our scores. For now I am just trying to extend my permit on basis of her.

It is just that you are posting under Express Entry so wrong section. You must add each other to EE profiles as you are now common law and have informed IRCC and CRA. Depending on how IRCC views your common law status, you may or may not be eligible for SOWP. IRCC changed the laws. You may be considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada. Don’t know your specifics or what type of permit, your partner is on.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker in a NOC 0, A, or B job), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. Hopefully you meet guidelines and have your SOWP approved.

 

[Karanimmigration01]

Sorry for posting in the wrong thread first.
We didn’t added me in the profile as our common law 12 months period was not completed when she created her profile.
Now she got the invitation as well and we are thinking to add me in the profile as by adding me still the points are not less then the draw. And she got her permit before be as she arrived in Canada before me.
I hope I get approval for SOWP and also changing me in her invitation does not affect us.
If you can answer this as well

 

[Karanimmigration01]

Also my spouse has a PGWP, she got it extended in 18th policy and arrived to Canada before me.

 

[Aakarshan1106]

Hi,

Can you please let me know what happened in your case, my spouse is in same situation, she has applied for wp-ext which might be rejected. We just submitted her spousal pr application and will be applying sowp once we get AOR, but for one month she will might be on no status so should she inform her employer. We have applied status pgwp extension till 25th january.