One of my friend currently holding dependent - Open Workpermit, and she recently received ITA and she is the primary applicant for express entry application.
However her spouse (Primary holder of Closed WP) needs to move back to home country due to project related matter.
Once her husband moved out of country, her open WP becomes invalid.
But once she submit her EE application and receives AOR, can she files for BOWP ?
Hope she will be on Implied status until she receives response on BOWP application.
In the mean time, can she continue her work status until she receives confirmation on BOWP ? Is it legal to work on implied status ?
"Once her husband moved out of country, her open WP becomes invalid."
Your first assumption here is wrong. Her WP is not dependent on her husband's WP validity or him staying or leaving country.
She has an open work permit which valid till the end date provided on her WP, regardless of her husband's status.
And answer to second question is YES. Once she gets AOR she can apply for BOWP and She can work if her application for BOWP is submitted. She needs to check with her employer though if they allows to work on implied on status, as some employer doesn't allow that and asks for valid WP or PR to continue working.
"Once her husband moved out of country, her open WP becomes invalid."
Your first assumption here is wrong. Her WP is not dependent on her husband's WP validity or him staying or leaving country.
She has an open work permit which valid till the end date provided on her WP, regardless of her husband's status.
And answer to second question is YES. Once she gets AOR she can apply for BOWP and She can work if her application for BOWP is submitted. She needs to check with her employer though if they allows to work on implied on status, as some employer doesn't allow that and asks for valid WP or PR to continue working.
