PGWP and Spouse Sponsorship

[mariavega]

Hi, Im really confused about the applications. My story goes like this... I arrived to Canada as a student for one year (for a certified education program), I graduated and got my post graduate work permit for one year,which expires in 3 months. I have a good job related to my carrer and I do enjoy it a lot. I got married 20 days ago and already applied for the marriage certificate ( I know you have to wait but I followed suggestions by the forum to apply before the date they told you so, cause I know sometimes as soon as is ready and if you already applied, you could get it in more efficient time), well im still obviously waiting for it.

So my question is this one... I have an Open Work Permit as I mentioned, we were only thinking about applying for a Spouse sponsorship, then Im confused about my status if im applying INLAND, my work permit will expire (hopefully) after applying for the sponsorship. I want to continue working, I know you can apply for another OPEN WORK PERMIT or Extending/change conditions. which one I should apply for?? I was considering to include both the PR application and the OWP or the extension application.


Im begging for some response .... im really desperate to solve my situation and stay legally with my husband. He is obviously a Canadian citizen . thanks in advance !!!!

 

[rhcohen2014]

only inland applicants can apply for an OWP, though depending on where you are from, it may not be advisable to apply inland. While outland applicants can't apply for a work visa, there are many outland visa offices that approve applicants a lot faster than inland. currently it takes at least 12 months for an inland owp to be approved. depending on your country of citizenship, if you apply outland and have a pretty straightforward application, you can be a PR in 3-10 months time.
You do not have to leave canada to apply outland. once your work permit expires, you can extend your status as a visitor. you will not be able to work until you are approved.

where are you from? it will help people give you a better idea as to what to do.

 

[lellen]

How long have you had your job? I've seen people get their PR under Canadian Experience Class in six months, and it gives you a bridging work permit. It might be a better option for you, of course it depends on your job experience.

 

[mariavega]

Im from Mexico, should I then attach this application as well? what would you guys recommend? Thanks so much for the reply I thought it wouldn't be replied.

english/information/applications/extend-worker.asp


ALSO , WHAT ABOUT THIS?


Typically, the immigration office will inform applicants when they are eligible to apply for open work permits. To reduce waiting time, a work permit application may be included with the initial permanent residency application. In this way, the work permit can be issued as soon as the first stage is approved. This method is particularly useful for spouses who are already working temporarily in Canada, because their pending Open Work Permit application grants them ‘implied status’. Under implied status, an applicant can continue to work past the expiration date of their existing work permit, until they receive the results of their pending application.

 

[lellen]

Yes that's true. A lot of people work under implied status when their PGWP expires but they sent an application for an OWP with their PR application. I've worked under implied status like this, many many people do. A call centre agent once told me I could keep working and I have paperwork and an email she sent me to prove it.

However, there is a lot of controversy in this forum about this, because apparently PGWP's can't be extended, and if they can't be extended it means that you won't have "implied status", as you wouldn't be "extending" your work permit when you apply for the new one. This rule applies for sure for IEC, which is some type of international experience work permit thing that people from privileged countries get, and they are not allowed to keep working once it expires at all. The controversy is whether this rule applies for PGWP as well. I think that people read too much into this, and I would go ahead and do it if I were you. Lots of people will disagree with me. But this thing YOU read on CIC's website, designed for US, the common public, to learn about our options, doesn't say ANYTHING about you not being able to work under PGWP or about any exceptions, so I don't understand why they would expect us to know about it.

 

[mariavega]

THANKS SO MUCH!!!!!! I think you replied to my same question at another space in this forum....and you even provided me with the link of the application to change conditions of stay, its so confusing when people were referring to just OWP open work permit and at the same time referring to that same extension.... was just thinking the same about what you just said, have been literally reading all day... and I just get more and more confused.. the more I get confused the more im afraid to send my application or go ahead with it... cause it gets on my nerves that something can be done wrongly. Hopefully im gathering all the necessary , im not expecting this to be solved in 5 months or less and im aware of the time that it can take to be processed but I will prefer to do a good job with the application. AGAIN thanks so much for the guidance, I already printed the forms with the link you sent me and will start to fill it out to have an idea of info I will need to submit on the official one!!

THANKS SO MUCH !!

 

[lellen]

No problem at all, and don't worry about it, don't overthink things, just make sure you have all the forms, that they are not outdated (CIC updates their forms periodically, as you can see there's a date after each link and that's the last version for each form), and that you include all the extra documents. Other than that, there's nothing to worry about really, just follow the instructions on the guide and you'll be okay. If there are problems they won't throw you out of the country or anything, they will always communicate with you first or ask for an interview. That was my main fear.

Good luck to you, I hope you hear something soon!

 

[screech339]

With regarding PGWP getting "implied status", that is still up for debate. There are bridging allowed in PGWP with OWP that give it "implied status". The problem is that approach works if getting PR through CEC means. Not through family spousal PR means. A completely difference means to acquiring PR.

The majority will likely say that PGWP does not get "implied status". I am on the fence on this one, leaning toward "no implied status". I will remain on the fence until CIC officially states in writing that PGWP can get "implied status" through spousal PR means. We have not gotten any official response except through fellow members that stated they can by "bridging" PGWP to OWP by call agents. But that only deals with the economics means of getting PR.

Screech339