Open work permit (common law sponsorship) questions

[SlovesF]

Hello everyone! My partner is currently on an IEC work/travel visa, which is running out in a month and ten days from now. We'll be mailing our sponsorship application really soon, but I had some questions about the open work permit application.

1. I read that to be in implied status, you need to have applied 30 days before your current work visa runs out. Is this true? And if so, would that be 30 days since you've mailed it, or 30 days since they've received it?

2. Is it better to submit online, or with your paper sponsorship application? What are the drawbacks/benefits?

3. How does implied status work exactly?

4. Any tips or suggestions you have regarding this, I'm feeling pretty lost.

Thank you so much!

 

[k.h.p.]

1. You just need to apply before your previous status expires. 30 days or 1 day doesn't make a difference.

2. For the spousal OWP, you can only apply on paper - unless you have "Approval in Principle" which happens at the end of the sponsorship process. Once you have AIP you can apply online, but that isn't typically worth it since you will be approved shortly.

3. Implied status means that you continue to have legal status in Canada until a decision on another application is made. If you have a work permit and apply for another work permit, you can continue under your previous work permit until the new application is decided. You can't necessarily switch employers, and no one from IRCC will write you a letter explaining implied status for your employer, so you need to make sure your employer is okay with this. If you leave Canada, you lose implied status and cannot get it back.

 

[SlovesF]

Thank you so much for your response, it calms me and is incredibly helpful!

For the open work permit, I just wanted to double check it's the imm5710 that we would have to submit?

Are there other forms/information necessary apart from that form? (E.g. the checklist says we need a photocopy of the passport, which we're already attaching as part of the sponsorship - should I attach it twice?)

 

[k.h.p.]

You need to attach everything twice. The OWP is separated from the PR application and sent to a different office in a different province, so everything that's duplicate must be included.

 

[SlovesF]

Thank you so much for your help!