IEC to PR: Implied status before AOR?

[MortyC137]

Hello,

My partner applied for PR but she hasn't received her AOR yet.
It's been 2 months now and her IEC work permit is about to expire.
Does she automatically get implied/maintained status despite not having received her AOR?

Even if she does eventually get her AOR, would she get implied status between the AOR and her BOWP (Bridging Open Work Permit) application?

Thanks

 

[scylla]

Hello,

My partner applied for PR but she hasn't received her AOR yet.
It's been 2 months now and her IEC work permit is about to expire.
Does she automatically get implied/maintained status despite not having received her AOR?

Even if she does eventually get her AOR, would she get implied status between the AOR and her BOWP (Bridging Open Work Permit) application?

Thanks

How has she applied for PR? Through which program?

 

[MortyC137]

How has she applied for PR? Through which program?

Spousal sponsorship.

 

[scylla]

Spousal sponsorship.

No implied status. Only the OWP application gives implied status which you cannot apply for until you have AOR.

If you manage to get AOR and submit the OWP before the IEC expires, then your partner will have implied status and can continue working and remain in Canada legally.

Otherwise your partner needs to apply to change their status to a visitor record before the IEC expires and then stop working as soon as the IEC expires. Then after the OWP is approved, your partner can start working again.

 

[MortyC137]

@scylla , thank you for your response!

She's not working and won't need to work until her OWP, but I guess that doesn't make any difference with regards to her legal status.

Applying for a visitor visa seems risky as she evidently plans to stay long term, and has ties in Canada (me). Her application could get refused on these grounds, which would leave a mark on her file.

 

[scylla]

@scylla
Applying for a visitor visa seems risky as she evidently plans to stay long term, and has ties in Canada (me). Her application could get refused on these grounds, which would leave a mark on her file.

This is a completely incorrect view of the situation. The visitor visa isn't risky at all. You would simply say that you have a PR sponsorship application in progress and are extending her status in Canada while you wait for the outcomes of that application. Almost zero chances of refusal. People extend for this reason all of the time.

It is far far better to keep her status in Canada valid and apply for the visitor visa. Otherwise she will fall out of status in Canada and her stay in Canada will become illegal. If that happens, she will no longer qualify to apply for an OWP when she receives AOR and will then have to remain in Canada illegally while she waits for her application to be processed. It should be fairly clear to you that this carries far greater risks.

Anyway, your choice what you do.