Implied Status/BOWP for myself and wife

[Joel19891]

Hi guys,

My wife and I have recently applied for PR. We got the invite back in September, filled out all of the supporting docs etc and submitted on October 19th so we instantly received the AOR on that day. Since then we've just been waiting for an update to the status of our application.

We were invited under CEC and I am the main applicant with my wife being secondary on my application.

We are both on IEC work permits (expiring Feb 2nd 2019) so I've been reading up on BOWP, Implied Status etc. Based on what I've read (and some mixed comments across the board) it seems that providing I apply for a BOWP before the expiry of my IEC (2nd Feb), even if I do not receive an approved BOWP before 2nd Feb I will remain on Implied Status until either the BOWP is approved, or the PR.

However, I'm unclear on what my wife should do. Same as me? So apply for BOWP in January (just ahead of our IEC expiring on 2nd Feb)? Or will she need to apply for a Spouse BOWP? And if so, does that need to actually be approved for her to continue to work? In which case, she should apply for that ASAP?

Ideally we do not want to have to stop working (either of us) during our transition from IEC temporary work permit onto PR and want to utilise BOWP.

Just want to be clear what our next steps should be, for both of us.

Thanks!!

 

[jes_ON]

Hi guys,

My wife and I have recently applied for PR. We got the invite back in September, filled out all of the supporting docs etc and submitted on October 19th so we instantly received the AOR on that day. Since then we've just been waiting for an update to the status of our application.

We were invited under CEC and I am the main applicant with my wife being secondary on my application.

We are both on IEC work permits (expiring Feb 2nd 2019) so I've been reading up on BOWP, Implied Status etc. Based on what I've read (and some mixed comments across the board) it seems that providing I apply for a BOWP before the expiry of my IEC (2nd Feb), even if I do not receive an approved BOWP before 2nd Feb I will remain on Implied Status until either the BOWP is approved, or the PR.

However, I'm unclear on what my wife should do. Same as me? So apply for BOWP in January (just ahead of our IEC expiring on 2nd Feb)? Or will she need to apply for a Spouse BOWP? And if so, does that need to actually be approved for her to continue to work? In which case, she should apply for that ASAP?

Ideally we do not want to have to stop working (either of us) during our transition from IEC temporary work permit onto PR and want to utilise BOWP.

The controversy is whether or not implied status exists when applying for the BOWP with an expiring IEC permit. You would benefit from implied status in terms of being authorized to remain in Canada, but you would not be authorized to work.

If you want to continue to work, I would recommend applying now for the BOWP, since you are now within the 4 month window of the expiry date.

Only the principal applicant (PA) is eligible to apply for the BOWP, however, spouses are eligible for spouse open work permits on the basis of the PA's BOWP. You can submit both applications together. (See the bottom of this page RE spouses).

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

 

[Joel19891]

Hey jes_ON,

Thanks for the reply!

So essentially I'll need to have the BOWP approved before my IEC expires since IEC doesn't grant me implied status with regards to working?

The one slight annoyance is that there's a chance my PR could be approved before my IEC expiring in which case I would have paid for a BOWP for nothing but I guess not applying and paying for the BOWP is just risky.

Is the Spousal BOWP applied for in exactly the same way as my BOWP? I suppose there's a question somewhere that we can answer to identify that it's a Spousal BOWP application?

Thanks again!

 

[jes_ON]

Hey jes_ON,

Thanks for the reply!

So essentially I'll need to have the BOWP approved before my IEC expires since IEC doesn't grant me implied status with regards to working?
To continue working (legally) without interruption, yes.

The one slight annoyance is that there's a chance my PR could be approved before my IEC expiring in which case I would have paid for a BOWP for nothing
it is possible....
but I guess not applying and paying for the BOWP is just risky.
Tough call with the timing, I agree.

Is the Spousal BOWP applied for in exactly the same way as my BOWP? I suppose there's a question somewhere that we can answer to identify that it's a Spousal BOWP application?

Well, I gave you the link, but I can't make you read it

 

[Joel19891]

Thanks!

I did read the link you provided, just wasn't sure if there was anything specific required for Spousal BOWP or if its applied for in exactly the same way, I assume it is based on the CIC site

 

[jes_ON]

Thanks!

I did read the link you provided, just wasn't sure if there was anything specific required for Spousal BOWP or if its applied for in exactly the same way, I assume it is based on the CIC site

The link discusses the specifics required for spouse applications (SOWP, spouses do not get BOWPs).

 

[Joel19891]

Yep. Will I am filling out the application/docs for it now.

Hopefully I am doing it right. It gave me the option to apply for a 'family member' as part of my BOWP application so my wife is essentially bundled on my application so I'm assuming (if I'm correct) when they review this application it'll result in me being issued an BOWP and wife issued with an SOWP as a spouse on my application providing all eligibility is met etc

 

[Confusedperson]

My IEC visa was up on the 4th oct. I applied for my bowp and submitted my pr end of august. I was on implied status till last week when my bowp was approved after 73 days. All was fine I just provided hr any documents they needed. I know about 10 people who have gone from IEC to implied status whilst waiting for their BOWP to be approved. All you need to get implied status is to have applied for a BOWP

 

[TaraSF]

Hey @Joel19891, I was wondering if everything worked out with your BOWP, specifically with your wife's? I am in the exact same situation as the principal applicant for PR and my husband is the secondary applicant, I'm applying for the BOWP with him as an added family member, were you both granted the extensions without an issues? Thanks!

 

[Joel19891]

Hey @TaraSF,

Yep, I essentially added her (who’s name is also Tara coincidentally) as an extra applicant to our application and just clarified in the ClientDoc slot explicitly what my intention was with the application.

Everything was approved just fine, luckily the day we received the approval was the day before our existing work permits were due to expire, so that was cutting it fine

You shouldn’t have any problems

 

[TaraSF]

Hey @TaraSF,

Yep, I essentially added her (who’s name is also Tara coincidentally) as an extra applicant to our application and just clarified in the ClientDoc slot explicitly what my intention was with the application.

Everything was approved just fine, luckily the day we received the approval was the day before our existing work permits were due to expire, so that was cutting it fine

You shouldn’t have any problems

Oh my goodness thanks so much for your help! That's very reassuring to know- I'll just write a letter of explanation We are cutting even finer as our IEC visas end next month, PR has been a nightmare process! So I guess we'll be sitting on Implied Status for a while- I guess your BOWPs took about 4 months to come through based on your dates?

 

[Joel19891]

I believe I applied for the BOWP around November 27th. It got approved Feb 1st. So a little over 2 months. Shorter than I expected actually based on timelines I was looking at. So not sure if they actually shift priority on applications depending on circumstances.

We then had our PR approved March 20th. Took exactly 5 months pretty much, submitted our PR on October 19th

 

[TaraSF]

That's awesome, congratulations on the PR, and so great to hear of a story where it processed so fast, thanks so much for all your help!

 

[Joel19891]

You're welcome! Good luck with the rest of your application process!