Implied Status with OWP Under Family Class (Outland) Spousal Sponsorship?

[computerscience23]

My spouse and I live together in Toronto. I'm a Canadian PR and will be sponsoring her under the Family Class (Outland) spousal PR stream. She's currently on a PGWP that's expiring in November 2025.

If we submit sponsorship application for PR and an Open Work Permit before her PGWP expires, will she be able to keep working under implied status while waiting for the OWP to be approved? Just want to confirm if that's allowed under the Family Class (Outland) stream or if implied status only applies to the Inland process.

 

[Ponga]

My spouse and I live together in Toronto. I'm a Canadian PR and will be sponsoring her under the Family Class (Outland) spousal PR stream. She's currently on a PGWP that's expiring in November 2025.

If we submit sponsorship application for PR and an Open Work Permit before her PGWP expires, will she be able to keep working under implied status while waiting for the OWP to be approved? Just want to confirm if that's allowed under the Family Class (Outland) stream or if implied status only applies to the Inland process.

Maintained Status (formerly known as Implied Status) pertains to anyone that applies to extend their [current, legal] status before it expires.

Since most PGWP's cannot be extended, it sometimes `muddies the water' since the PGWP may have to stop working if they do not receive their OWP (or PR) before it expires.

Hopefully, others will chime in to confirm or dispute.

 

[computerscience23]

Since most PGWP's cannot be extended, it sometimes `muddies the water' since the PGWP may have to stop working if they do not receive their OWP (or PR) before it expires.

I guess that's true but then that's applicable to "spouse in-canada (inland)" class as well. They do allow implied status for PGWP holders.

 

[armoured]

My spouse and I live together in Toronto. I'm a Canadian PR and will be sponsoring her under the Family Class (Outland) spousal PR stream. She's currently on a PGWP that's expiring in November 2025.

If we submit sponsorship application for PR and an Open Work Permit before her PGWP expires, will she be able to keep working under implied status while waiting for the OWP to be approved? Just want to confirm if that's allowed under the Family Class (Outland) stream or if implied status only applies to the Inland process.

Apply now, apply as soon as possible. Whatever happens, chances are better if you apply soonest.

 

[computerscience23]

Apply now, apply as soon as possible. Whatever happens, chances are better if you apply soonest.

Yes, we're waiting on the marriage certificate.

 

[Ponga]

I guess that's true but then that's applicable to "spouse in-canada (inland)" class as well. They do allow implied status for PGWP holders.

Yes, but it's the issue of whether or not the PGWP holder can continue to work under Maintained Status (Inland or Outland).

 

[scylla]

Yes, but it's the issue of whether or not the PGWP holder can continue to work under Maintained Status (Inland or Outland).

Yes, they certainly can.

 

[computerscience23]

Yes, but it's the issue of whether or not the PGWP holder can continue to work under Maintained Status (Inland or Outland).

Yes, you can. When you submit an application for SOWP, you're basically on implied status for SOWP until you hear back on your sponsorship application.

https://www.canada.ca/en/immigratio...mmon-law-partner-canada-open-work-permit.html

 

[YVR123]

Yes, you can. When you submit an application for SOWP, you're basically on implied status for SOWP until you hear back on your sponsorship application.

https://www.canada.ca/en/immigratio...mmon-law-partner-canada-open-work-permit.html

Yes, we're waiting on the marriage certificate.

Apply for sponsorship as soon as you have all the document ready. Then wait for AOR and apply for the OWP (from the link you posted). There are specific fields to fill in the form for this OWP.
She can continue to work until the OWP is approved. (btw it's a new OWP not an extension)
If her PGWP is still valid till Nov, you should be able to apply for OWP (after AOR) before her PGWP expires.

 

[computerscience23]

Apply for sponsorship as soon as you have all the document ready. Then wait for AOR and apply for the OWP (from the link you posted). There are specific fields to fill in the form for this OWP.
She can continue to work until the OWP is approved. (btw it's a new OWP not an extension)
If her PGWP is still valid till Nov, you should be able to apply for OWP (after AOR) before her PGWP expires.

Thanks! and once we apply for OWP (after AOR) before PGWP expires, she will be on implied status and can continue working, right? We don't have to wait until the new OWP gets approved?

 

[YVR123]

Thanks! and once we apply for OWP (after AOR) before PGWP expires, she will be on implied status and can continue working, right? We don't have to wait until the new OWP gets approved?

yes.

 

[computerscience23]

@scylla @YVR123 @armoured I was wondering if you could answer one more question. For "IMM5532 Relationship Information and Sponsorship Evaluation" form, in Part A (1), they ask for "Sponsor's employment history".

I've included my full-time position from 2021-05 to present leaving go gaps. However, I did a paid internship (part of bachelor's coop program) in Fall 2020 which is within past 5 years. I am not sure how do I mention that? Two options:

2021-05	Today	XYZ Employer name and address	XYZ position	XYZ income
2016-09	2021-04	Unemployed (student at XYZ)	N/A	0

​

OR​

2021-05	Today	XYZ Employer name and address	XYZ position	XYZ income
2020-09	2020-12	Company Name	Position (Internship)	<internship income here>

The second options leaves gaps which is against the instructions and first option doesn't really list the employment which falls within past 5 years. Any ideas?

 

[YVR123]

@scylla @YVR123 @armoured I was wondering if you could answer one more question. For "IMM5532 Relationship Information and Sponsorship Evaluation" form, in Part A (1), they ask for "Sponsor's employment history".

I've included my full-time position from 2021-05 to present leaving go gaps. However, I did a paid internship (part of bachelor's coop program) in Fall 2020 which is within past 5 years. I am not sure how do I mention that? Two options:

2021-05	Today	XYZ Employer name and address	XYZ position	XYZ income
2016-09	2021-04	Unemployed (student at XYZ)	N/A	0

​

OR​

2021-05	Today	XYZ Employer name and address	XYZ position	XYZ income
2020-09	2020-12	Company Name	Position (Internship)	<internship income here>

The second options leaves gaps which is against the instructions and first option doesn't really list the employment which falls within past 5 years. Any ideas?

The instruction has an example and it specifically said do not leave gaps.
https://www.canada.ca/en/immigratio...ication/application-forms-guides/imm5532.html

So you will likely need a combination of your 2 options.
2021-05 Today XYZ employer name and address
2021-01 2021-04 Unemployed (continue to study after internship, student at XYZ)
2020-09 2020-12 Company Name Position (internship)
2016-09 2020-08 Unemployed (student at XYZ)

Others may have different suggestions.

 

[computerscience23]

The instruction has an example and it specifically said do not leave gaps.
https://www.canada.ca/en/immigratio...ication/application-forms-guides/imm5532.html

So you will likely need a combination of your 2 options.
2021-05 Today XYZ employer name and address
2021-01 2021-04 Unemployed (continue to study after internship, student at XYZ)
2020-09 2020-12 Company Name Position (internship)
2016-09 2020-08 Unemployed (student at XYZ)

Others may have different suggestions.

That's a good idea. Thanks.

Since I am unable to fit everything in the table itself, I am thinking of adding this in the last row of the form: Full past five years of employment history is provided in the pdf_name.

 

[YVR123]

That's a good idea. Thanks.

Since I am unable to fit everything in the table itself, I am thinking of adding this in the last row of the form: Full past five years of employment history is provided in the pdf_name.

well put all 4 rows in the form and add a letter of explanation if you cannot put all the details in the form.