Clarification on restoration of status - when do you need to apply for it?

[gcad]

We are currently waiting for our BOWP. I am the principle applicant, my partner is my dependant.

We are expecting to receive our BOWP decision any day now, but my partners work permit expires on monday. She will be on implied status, but I just wanted to clarify what will happen if we get a negative decision on our BOWP after her visa has expired.

Note that my work permit is valid until december, so it will only be my partner whose status has expired.

Questions:

1 - Would my partner need to apply for restoration of status (given that I am the principle applicant and she my dependant)?

2 - Could my partner flagpole and re-enter canada as a visitor (would there be any issue doing this?). Then I could re-apply for BOWP with her as a dependant?

3 - If we do need to apply for restoration of status, how long does the process typically take?

4 - If we do need to apply for restoration of status, can we do it at the same time as reapplying for BOWP, or do we need to restore out status first?

Thanks!

 

[lili86]

Ismt the restoration of status aplication is the bowp? There is a check maark in yhe applicatipn wjere u check the restoration application. Right

 

[gcad]

Dont think that is correct:

According to the eligibility params: "They have valid status on a WP that is due to expire within 4 months;"

That would suggest we cant do it as part of the bowp.

 

[jes_ON]

"They have valid status on a WP that is due to expire within 4 months;"

That would suggest we cant do it as part of the bowp.

Only the principal applicant can get a BOWP, so the rules about existing work permits for the BOWP only apply to the principal applicant's work permit. Your spouse will be getting another dependent open work permit. In the unlikely event, just reapply - she would have to stop working between the expiry of the old permit and receipt of the new -