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Eligibility to apply for work permit with AOR

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Wilfred94

Newbie
Jan 29, 2024
8
1
Hi guys,

My partner and I are applying for PR via common-law sponsor. She currently on the IEC work permit which expires in mid April. We have submitted our application and was received mid Jan 2024. We are currently waiting for an AOR so we can apply for OWP so she can continue working.

However, in the case that AOR doesnt arrive in time. It is said online that you can apply without AOR
please see below
- https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

You can only apply for a work permit without an AOR if you meet both of the following criteria:

  • your work permit, study permit or temporary resident status will expire in 2 weeks or less and
  • you’ve applied for permanent residence under one of the following classes:
    • the spouse or common-law partner in Canada class (SCLPC) as a spouse or common-law partner
    • the family class as a spouse, common-law or conjugal partner (sponsored overseas)
I am wondering if anyone has done this or been in similar shoes as me? I read online that to maintain status she can apply for visitor record which will allow her to stay in the country but unfortunately will have to forfeit work. Does anyone know if the method above can help her maintain work status as OWP is in process while we wait for AOR? Is there any way to make sure she can continue work if AOR doesnt arrive in time? It also says we have to apply for OWP 30 days before current work permit expires, which will mean mid March, which is coming soon... So we are worries.

Any advice/opinion/tips will help! thanks in advance
 
C

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Wilfred94 said:
Hi guys,

My partner and I are applying for PR via common-law sponsor. She currently on the IEC work permit which expires in mid April. We have submitted our application and was received mid Jan 2024. We are currently waiting for an AOR so we can apply for OWP so she can continue working.

However, in the case that AOR doesnt arrive in time. It is said online that you can apply without AOR
please see below
- https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

You can only apply for a work permit without an AOR if you meet both of the following criteria:

  • your work permit, study permit or temporary resident status will expire in 2 weeks or less and
  • you’ve applied for permanent residence under one of the following classes:
    • the spouse or common-law partner in Canada class (SCLPC) as a spouse or common-law partner
    • the family class as a spouse, common-law or conjugal partner (sponsored overseas)
I am wondering if anyone has done this or been in similar shoes as me? I read online that to maintain status she can apply for visitor record which will allow her to stay in the country but unfortunately will have to forfeit work. Does anyone know if the method above can help her maintain work status as OWP is in process while we wait for AOR? Is there any way to make sure she can continue work if AOR doesnt arrive in time? It also says we have to apply for OWP 30 days before current work permit expires, which will mean mid March, which is coming soon... So we are worries.

Any advice/opinion/tips will help! thanks in advance
[/QUOTE

No way to maintain WP if have not received AOR for spousal sponsorship and received WP approval. Once have the forced AOR for sponsorship I would go to a land border to flagpole to obtain the OWP. You will need to verify t when the closest land border processes flagpoling applications and how many they process daily. No need to have over 30 days.
Click to expand...
 
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Tarikla

Star Member
Nov 20, 2023
62
28
Do not flagpole, OWP for PR sponsorship are not eligible to be delivered at land borders. Many people tried and they all got denied by CBSA as the OWP requires you to be in Canada, which you're technically not when at a border.

Also, you're right that you can apply without the AOR if her status expire in less than 2 weeks, but you'll most likely receive the AOR in February or March, meaning you will have ample time to submit the OWP request with the AOR. Once it is submitted, she'll have maintained status and will be able to continue working until IRCC make a decision on the OWP.

Also, as long as you apply before the expiration date, there is no hard requirement for applying 30 days in advance, it is just a recommendation from IRCC, the rule state that you simply need to apply before your current status expire. You could even apply the day before expiry.
 
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Wilfred94

Newbie
Jan 29, 2024
8
1
Tarikla said:
Do not flagpole, OWP for PR sponsorship are not eligible to be delivered at land borders. Many people tried and they all got denied by CBSA as the OWP requires you to be in Canada, which you're technically not when at a border.

Also, you're right that you can apply without the AOR if her status expire in less than 2 weeks, but you'll most likely receive the AOR in February or March, meaning you will have ample time to submit the OWP request with the AOR. Once it is submitted, she'll have maintained status and will be able to continue working until IRCC make a decision on the OWP.
Click to expand...
Thanks! However in the case that AOR doesn’t arrive by 2 weeks before her work permit expires and I submit for OWP without AOR, would she be able to continue working during this period until AOR arrives? Since her main work permit would have expired. Would the fact that eveyrhring is submit mean implied work status?
 
T

Tarikla

Star Member
Nov 20, 2023
62
28
Wilfred94 said:
Thanks! However in the case that AOR doesn’t arrive by 2 weeks before her work permit expires and I submit for OWP without AOR, would she be able to continue working during this period until AOR arrives? Since her main work permit would have expired. Would the fact that eveyrhring is submit mean implied work status?
Click to expand...
Yes for both of your questions. For anyone interested, please see this link, where the new policy allowing to submit without an AOR is described: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html#s2
 
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