Can I work legally during my Inland Spousal Sponsorship?

[AJF595]

Hi All,

My wife and I have applied for an inland spousal sponsorship for Permanent Residency; where my wife is my sponsor. We had applied on 1st August 2024, my wife got approved as the sponsor, and I submitted my Biometrics request in November 2024. (Processing time in August was 6 months).


While Googling and researching on this forum, I found out that “You can also work in Canada while your visa application is being processed by asking to be allowed to work. If your work permit expires while you are waiting for your BOWP application, you can continue working under "implied status" until you receive a formal response.”

But I still have my doubts-

Currently, I am on Post Graduate Work Permit (PGWP) which is expiring in March 2025. My question here lies on the legalities with my employer as well as my stay in Canada.

1. Do I need to apply for an open work permit before my PGWP expires?

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?

Currently the processing times have increased to 12 months. And I’m here paranoid, wondering if I’m risking it?

FYI- I’m going through lawyers and they advised me to apply for an Open Work Permit and gave me an estimate of $2000. Is this fee worth it for a few clicks? They are the ones who submitted my Inland Spousal Sponsorship application in the first place.

Any help/advice would be appreciated.

@legalfalcon please help?

 

[scylla]

Hi All,

My wife and I have applied for an inland spousal sponsorship for Permanent Residency; where my wife is my sponsor. We had applied on 1st August 2024, my wife got approved as the sponsor, and I submitted my Biometrics request in November 2024. (Processing time in August was 6 months).


While Googling and researching on this forum, I found out that “You can also work in Canada while your visa application is being processed by asking to be allowed to work. If your work permit expires while you are waiting for your BOWP application, you can continue working under "implied status" until you receive a formal response.”

But I still have my doubts-

Currently, I am on Post Graduate Work Permit (PGWP) which is expiring in March 2025. My question here lies on the legalities with my employer as well as my stay in Canada.

1. Do I need to apply for an open work permit before my PGWP expires?

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?

Currently the processing times have increased to 12 months. And I’m here paranoid, wondering if I’m risking it?

FYI- I’m going through lawyers and they advised me to apply for an Open Work Permit and gave me an estimate of $2000. Is this fee worth it for a few clicks? They are the ones who submitted my Inland Spousal Sponsorship application in the first place.

Any help/advice would be appreciated.

@legalfalcon please help?

Submitting the inland sponsorship application does not give you implied status. Once you have AOR (you should already), apply for an OWP. Up to you if you use a lawyer or not.

 

[scylla]

Hi All,

My wife and I have applied for an inland spousal sponsorship for Permanent Residency; where my wife is my sponsor. We had applied on 1st August 2024, my wife got approved as the sponsor, and I submitted my Biometrics request in November 2024. (Processing time in August was 6 months).


While Googling and researching on this forum, I found out that “You can also work in Canada while your visa application is being processed by asking to be allowed to work. If your work permit expires while you are waiting for your BOWP application, you can continue working under "implied status" until you receive a formal response.”

But I still have my doubts-

Currently, I am on Post Graduate Work Permit (PGWP) which is expiring in March 2025. My question here lies on the legalities with my employer as well as my stay in Canada.

1. Do I need to apply for an open work permit before my PGWP expires?

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?

Currently the processing times have increased to 12 months. And I’m here paranoid, wondering if I’m risking it?

FYI- I’m going through lawyers and they advised me to apply for an Open Work Permit and gave me an estimate of $2000. Is this fee worth it for a few clicks? They are the ones who submitted my Inland Spousal Sponsorship application in the first place.

Any help/advice would be appreciated.

@legalfalcon please help?

To add, if you do not apply for the OWP before your PGWP expires, you will fall out of status in Canada.

 

[canuck78]

Hi All,

My wife and I have applied for an inland spousal sponsorship for Permanent Residency; where my wife is my sponsor. We had applied on 1st August 2024, my wife got approved as the sponsor, and I submitted my Biometrics request in November 2024. (Processing time in August was 6 months).


While Googling and researching on this forum, I found out that “You can also work in Canada while your visa application is being processed by asking to be allowed to work. If your work permit expires while you are waiting for your BOWP application, you can continue working under "implied status" until you receive a formal response.”

But I still have my doubts-

Currently, I am on Post Graduate Work Permit (PGWP) which is expiring in March 2025. My question here lies on the legalities with my employer as well as my stay in Canada.

1. Do I need to apply for an open work permit before my PGWP expires?

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?

Currently the processing times have increased to 12 months. And I’m here paranoid, wondering if I’m risking it?

FYI- I’m going through lawyers and they advised me to apply for an Open Work Permit and gave me an estimate of $2000. Is this fee worth it for a few clicks? They are the ones who submitted my Inland Spousal Sponsorship application in the first place.

Any help/advice would be appreciated.

@legalfalcon please help?

Save yourself the 2k if you can fill out your own forms. 2k for a SOWP during spousal sponsorship is crazy.

 

[legalfalcon]

Hi All,

My wife and I have applied for an inland spousal sponsorship for Permanent Residency; where my wife is my sponsor. We had applied on 1st August 2024, my wife got approved as the sponsor, and I submitted my Biometrics request in November 2024. (Processing time in August was 6 months).


While Googling and researching on this forum, I found out that “You can also work in Canada while your visa application is being processed by asking to be allowed to work. If your work permit expires while you are waiting for your BOWP application, you can continue working under "implied status" until you receive a formal response.”

But I still have my doubts-

Currently, I am on Post Graduate Work Permit (PGWP) which is expiring in March 2025. My question here lies on the legalities with my employer as well as my stay in Canada.

1. Do I need to apply for an open work permit before my PGWP expires?

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?

Currently the processing times have increased to 12 months. And I’m here paranoid, wondering if I’m risking it?

FYI- I’m going through lawyers and they advised me to apply for an Open Work Permit and gave me an estimate of $2000. Is this fee worth it for a few clicks? They are the ones who submitted my Inland Spousal Sponsorship application in the first place.

Any help/advice would be appreciated.

@legalfalcon please help?

1. Do I need to apply for an open work permit before my PGWP expires?
Yes, you will have to apply for an OWP. The implied status R181(1), which pertains to implied status, is only invoked when you apply for an extension of your existing status as a temporary worker, which, in your case, you are not. You have applied for a PR, and your situation is akin to that of a temp worker who applies for a PR and will also have to apply for a BOWP.

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?
If you do not have authorization to work, and you still work, that is illegal and subject to penalties under the IRPA, including a removal order.

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?
No.

When you go to a lawyer, you are paying for his professional experience. If you have minor surgery, is it worth paying a doctor to have it done, or can you just make a few cuts at home? It is your choice.

 

[YVR123]

Hi All,

My wife and I have applied for an inland spousal sponsorship for Permanent Residency; where my wife is my sponsor. We had applied on 1st August 2024, my wife got approved as the sponsor, and I submitted my Biometrics request in November 2024. (Processing time in August was 6 months).


While Googling and researching on this forum, I found out that “You can also work in Canada while your visa application is being processed by asking to be allowed to work. If your work permit expires while you are waiting for your BOWP application, you can continue working under "implied status" until you receive a formal response.”

But I still have my doubts-

Currently, I am on Post Graduate Work Permit (PGWP) which is expiring in March 2025. My question here lies on the legalities with my employer as well as my stay in Canada.

1. Do I need to apply for an open work permit before my PGWP expires?

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?

Currently the processing times have increased to 12 months. And I’m here paranoid, wondering if I’m risking it?

FYI- I’m going through lawyers and they advised me to apply for an Open Work Permit and gave me an estimate of $2000. Is this fee worth it for a few clicks? They are the ones who submitted my Inland Spousal Sponsorship application in the first place.

Any help/advice would be appreciated.

@legalfalcon please help?

1. Yes, Once you received AOR, you can apply for OWP. If you don't apply before you PGWP expires you will fall out of status.
2. I don't understand your question. Once you applied the OWP, you are under maintained status. You can continue to work. You file your tax as usual ( a tax resident)
3. NO. You need to apply for OWP. Some people will get an email telling them that the OWP application is received and you can continue to work until a decision is made on the work permit.

WHY to pay a lawyer for a simple OWP application. There are many posts here about steps to apply online.

 

[AJF595]

To add, if you do not apply for the OWP before your PGWP expires, you will fall out of status in Canada.

Thanks @scylla

 

[AJF595]

1. Do I need to apply for an open work permit before my PGWP expires?
Yes, you will have to apply for an OWP. The implied status R181(1), which pertains to implied status, is only invoked when you apply for an extension of your existing status as a temporary worker, which, in your case, you are not. You have applied for a PR, and your situation is akin to that of a temp worker who applies for a PR and will also have to apply for a BOWP.

2. What repercussions would I face if I don’t apply for an open work permit and continue to work as I’m under the “implied status”? Is there anything related to Taxes or fines?
If you do not have authorization to work, and you still work, that is illegal and subject to penalties under the IRPA, including a removal order.

3. Would my Spousal PR- AOR be a viable document to submit as proof to my employer that I’m eligible to work even after my PGWP expires?
No.

When you go to a lawyer, you are paying for his professional experience. If you have minor surgery, is it worth paying a doctor to have it done, or can you just make a few cuts at home? It is your choice.

Thanks @legalfalcon

 

[AJF595]

1. Yes, Once you received AOR, you can apply for OWP. If you don't apply before you PGWP expires you will fall out of status.
2. I don't understand your question. Once you applied the OWP, you are under maintained status. You can continue to work. You file your tax as usual ( a tax resident)
3. NO. You need to apply for OWP. Some people will get an email telling them that the OWP application is received and you can continue to work until a decision is made on the work permit.

WHY to pay a lawyer for a simple OWP application. There are many posts here about steps to apply online.

Thanks @YVR123

My 2nd question - I was under the impression that since I received the AOR Im under implied status. But then after reading everyones comments, I understood that I need to apply for OWP and after that I will fall under that said status.

Thank you for your insights!

 

[AJF595]

Save yourself the 2k if you can fill out your own forms. 2k for a SOWP during spousal sponsorship is crazy.

Thanks @canuck78