HELP - Working Holiday Visa, now Inland Spousal Application

[newfoundlove]

Hey guys,

I need some advice - maybe someone is/was in a similar situation?

At the moment I have a Working Holiday Visa (I'm from Germany), which will run out on Jan 3rd, 2019.

My husband and I applied for PR and OWP via Inland Spousal Sponsorship on Oct 31st, AOR was received on Nov 20th.

My questions now are:
1) Am I allowed to continue working after Jan 3rd until I receive OWP or do I have to stop?

2) Someone in the forum just told me that technically I'm not even allowed to stay in Canada after my WHV runs out.
This whole time I thought I'm not allowed to leave Canada after Jan 3rd until I receive PR!
Am I allowed to stay in Canada (even if I'm not working) after my current status runs out?

Obviously, I'm very worried about this and am afraid of doing something wrong.

Thanks in advance!!

 

[kcward7]

Hey guys,

I need some advice - maybe someone is/was in a similar situation?

At the moment I have a Working Holiday Visa (I'm from Germany), which will run out on Jan 3rd, 2019.

My husband and I applied for PR and OWP via Inland Spousal Sponsorship on Oct 31st, AOR was received on Nov 20th.

My questions now are:
1) Am I allowed to continue working after Jan 3rd until I receive OWP or do I have to stop?

2) Someone in the forum just told me that technically I'm not even allowed to stay in Canada after my WHV runs out.
This whole time I thought I'm not allowed to leave Canada after Jan 3rd until I receive PR!
Am I allowed to stay in Canada (even if I'm not working) after my current status runs out?

Obviously, I'm very worried about this and am afraid of doing something wrong.

Thanks in advance!!

1. You have to stop

2. Not true. You can stay in Canada while you are waiting to find out. The OWP takes 3 to 4 months to receive, though, and if there's any issues with the application and you don't have your OWP by Jan 3, you will be out of status. You should consider extending your stay as a visitor to make sure you maintain status.

 

[newfoundlove]

1. You have to stop

2. Not true. You can stay in Canada while you are waiting to find out. The OWP takes 3 to 4 months to receive, though, and if there's any issues with the application and you don't have your OWP by Jan 3, you will be out of status. You should consider extending your stay as a visitor to make sure you maintain status.

Thanks for the quick reply!

How do I extend my status as a visitor?
(I don't think I'll receive my OWP until Jan 3rd)

 

[kcward7]

Thanks for the quick reply!

How do I extend my status as a visitor?
(I don't think I'll receive my OWP until Jan 3rd)

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

 

[newfoundlove]

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

So the OWP application 'Application to change conditions, extend my stay or remain in Canada as a worker' (IMM5710e) that I've sent with my PR application package is not enough?

I have to apply for 'Applicstion to change conditions, extend my stay or remain in Canada as a visitor or temporary resident permit holder' (IMM 5708)??

 

[kcward7]

So the OWP application 'Application to change conditions, extend my stay or remain in Canada as a worker' (IMM5710e) that I've sent with my PR application package is not enough?

I have to apply for 'Applicstion to change conditions, extend my stay or remain in Canada as a visitor or temporary resident permit holder' (IMM 5708)??

Technically it is enough - the concern is if your application is returned for any reason you will be out of status. Applications get returned for missing signatures, improper payment, missing forms etc - if that happened, you'd be out of status.

 

[1979sweety]

Hi, i need some advice as me, husband and my 2 kids are canadian. My husband got married 2nd time without divorcing me and we both reside outaide canada. Pls advise about my and my kids rights and how to get divorce.

Many thanks

 

[np08]

Basically, your OWP application gives you implied status - as long as it doesn't get returned, you will eventually get the work permit and all will be well. If, however, your current status expires and then your OWP application gets returned due to some errors, then you will lose your implied status and be out of status. Being out of status doesn't mean much for the PR application (you can be out of status and normally complete that process), but you will be unable to reapply for the OWP if you're out of status.

The most common reason for the OWP to be returned is people paying only $155 instead of $255.

Extending the status is a $100 peace of mind basically (especially in cases where you really need the work permit and need to work while waiting for the PR process to be completed). Many people don't extend, many do.

 

[kcward7]

Hi, i need some advice as me, husband and my 2 kids are canadian. My husband got married 2nd time without divorcing me and we both reside outaide canada. Pls advise about my and my kids rights and how to get divorce.

Many thanks

Please do not hijack other posts that have nothing to do with your question - post separately to make sure your question gets the attention it needs. Thanks!

 

[newfoundlove]

Basically, your OWP application gives you implied status - as long as it doesn't get returned, you will eventually get the work permit and all will be well. If, however, your current status expires and then your OWP application gets returned due to some errors, then you will lose your implied status and be out of status. Being out of status doesn't mean much for the PR application (you can be out of status and normally complete that process), but you will be unable to reapply for the OWP if you're out of status.

The most common reason for the OWP to be returned is people paying only $155 instead of $255.

Extending the status is a $100 peace of mind basically (especially in cases where you really need the work permit and need to work while waiting for the PR process to be completed). Many people don't extend, many do.

Thanks so much for your reply!

I paid the 255$ and included all documents, so I hope everything will be well.

So, I actually have implied status (meaning I'm allowed to work) until I get my OWP?

Sorry for all the questions, I just don't want to make any mistakes...

 

[kcward7]

Thanks so much for your reply!

I paid the 255$ and included all documents, so I hope everything will be well.

So, I actually have implied status (meaning I'm allowed to work) until I get my OWP?

Sorry for all the questions, I just don't want to make any mistakes...

You cannot continue working once your WHV expires.

The OWP application gives you implied status to stay in Canada assuming it is not returned for any reason. If it is you will be out of status. Extending your stay as a visitor is like an insurance to you to make sure no matter what you do not lose status at any point.

 

[np08]

Thanks so much for your reply!

I paid the 255$ and included all documents, so I hope everything will be well.

So, I actually have implied status (meaning I'm allowed to work) until I get my OWP?

Sorry for all the questions, I just don't want to make any mistakes...

No - once your current work visa expires you must stop working and wait for your OWP. In order to work, you need to have a valid document allowing you to do so. But you do have implied status in terms of not being out of status, i.e. you're not in Canada illegally. It's easier to think of in terms of visitors - if someone's visitor status expires tomorrow, but they have an OWP application being processed, they will be on implied visitor status past tomorrow and allowed to stay in the country.

 

[newfoundlove]

No - once your current work visa expires you must stop working and wait for your OWP. In order to work, you need to have a valid document allowing you to do so. But you do have implied status in terms of not being out of status, i.e. you're not in Canada illegally. It's easier to think of in terms of visitors - if someone's visitor status expires tomorrow, but they have an OWP application being processed, they will be on implied visitor status past tomorrow and allowed to stay in the country.

Got it, sorry I misunderstood at first.

Thank you so much for your help, guys!

 

[np08]

Got it, sorry I misunderstood at first.

Thank you so much for your help, guys!

No problem, it can be a bit convoluted, especially for people who already have work permits that are set to expire. There's usually confusion regarding whether they can continue working or not. However, the rules are pretty clear: no working without a valid work permit and an application for a work permit being processed isn't the same as having said work permit. So you have to take a break until you get your OWP, otherwise you're working illegally.

 

[1979sweety]

Please do not hijack other posts that have nothing to do with your question - post separately to make sure your question gets the attention it needs. Thanks!

Pls tell me how to post separately