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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship
I applied for spousal sponsorship (incl. OWP) and have a question in regards to my legal status during this process.
My current work visa (IEC) expires mid-August, and I won't have a verdict about my OWP application by that point. I've read that I cannot keep working as the IEC visa I'm currently on cannot be extended. That is fine. But can I continue to live in Canada with my partner until I have a response to my OWP application, or do I have to leave the country and return as a visitor? Has anyone been in this situation before?
And I don't have to leave the country and enter back in as a visitor once my current work permit expires? I just automatically fall to 'implied status' but only as a visitor?
If you applied INLAND with an OWP, you do not need to apply to for visitor status. You will have Implied Status after your IEC expires.
If for some reason your OWP app was returned for incorrect fees/incorrect documents you would then lose your implied status.
If you wish to completely avoid falling out of status you could apply for visitor status the day before your IEC runs out if you still haven't heard on the OWP.
When was the app submitted?
Your IEC is non extendable and you must stop working when it expires.
If you applied INLAND with an OWP, you do not need to apply to for visitor status. You will have Implied Status after your IEC expires.
If for some reason your OWP app was returned for incorrect fees/incorrect documents you would then lose your implied status.
If you wish to completely avoid falling out of status you could apply for visitor status the day before your IEC runs out if you still haven't heard on the OWP.
When was the app submitted?
Your IEC is non extendable and you must stop working when it expires.
That's what I thought, just wanted to make sure I hadn't missed anything, so thanks for your response
My application was delivered on the 28th of May, so I'm hoping to receive the AOR by the end of the month. Fingers crossed everything is filled out correctly!
I just got off the phone with a IRCC agent (was calling about something else, but thought I'd ask about the whole WP thing) and she sent me the following email to try and make things clearer... which has only made things more confusing, haha!
A subsequent work permit (WP) under one of the IEC eligible categories, you cannot continue working after the expiration of your current WP until you obtain the new one,
if you want to stay in Canada during the process of your subsequent WP under IEC, you need to apply to extend your stay in Canada as a visitoror student at the latest on the expiry date of your existing WP,
Another type of WP at the latest on the expiry date of your WP under IEC, and it expires before a decision is made, you can continue working under the same conditions as your existing WP, as long as you remain in Canada.
Going by the links provided, it seems as though I can keep working because I'm applying for an Open Work Permit, because I'm currently on a IEC Open Work Permit...?
I just got off the phone with a IRCC agent (was calling about something else, but thought I'd ask about the whole WP thing) and she sent me the following email to try and make things clearer... which has only made things more confusing, haha!
A subsequent work permit (WP) under one of the IEC eligible categories, you cannot continue working after the expiration of your current WP until you obtain the new one,
if you want to stay in Canada during the process of your subsequent WP under IEC, you need to apply to extend your stay in Canada as a visitoror student at the latest on the expiry date of your existing WP,
Another type of WP at the latest on the expiry date of your WP under IEC, and it expires before a decision is made, you can continue working under the same conditions as your existing WP, as long as you remain in Canada.
Going by the links provided, it seems as though I can keep working because I'm applying for an Open Work Permit, because I'm currently on a IEC Open Work Permit...?
Did you end up working? Also, how long did it take for your BOWP to come through? My partner is in a similar situation and we got told the same by the IRCC agent.
Did you end up working? Also, how long did it take for your BOWP to come through? My partner is in a similar situation and we got told the same by the IRCC agent.
I didn't keep working, no. Wanted to be safe than sorry! My visa came in 3 weeks later. All up, it took about 3.5 months from submission to OWP approval
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