PGWP vs OWP and Spouse status extension

[assbutt]

Hi,

I have arrived in Canada 1 year ago and studied full time in a 12 month MSc program at U of T (8 months classes + 4 months internship).

During the internship I got a full time offer at the same company commencing in September 2019. My study-work permit is valid until the end of November 2019.

During this summer I have also applied for my spouse's open work permit, which was approved and which was also issued until the end of November 2019 (same as my expiration).

Question 1:

Based on this is it better to apply for Open Work Permit or Post-Graduate Work Permit?

Question 2:

Will my application be considered as work permit or work permit extension?

Question 3:

I can attach my spouse to the PGWP or OWP that I submit, but, as much as I know the processing time can take up to ~100-115 days. That goes a bit over my current expiration date. I know that I am eligible to stay and work as long as I have applied for PGWP or OWP, but what about my spouse? I have read that she has to maintain a legal status in order to stay, so that adds a bit of confusion.

Will she have to leave Canada after November even though her application is still in progress?

If yes, what is the best course of action to prevent that? Apply for her visitor visa maybe?

Thank you in advance.

Regards.

 

[canuck78]

1. You don’t qualify for an OWP so yes a PGWP would be better.

2. You are currently a student so it wouldn’t be an extension.

3. Yes your wife can change her permit to visitor status before her work permit 3xpires.

 

[assbutt]

1. You don’t qualify for an OWP so yes a PGWP would be better.

2. You are currently a student so it wouldn’t be an extension.

3. Yes your wife can change her permit to visitor status before her work permit 3xpires.

Hi @canuck78,

Thank you very much for the response!

Just to clarify, I had both study and work permits, that's why I was a bit confused whether my PGWP is considered as a new work permit or extension.

For spouse, do I understand correctly that if I attach her OWP to my PGWP application she would still have to leave the country after Nov 30 if the decision on my PGWP still hasn't been made?

After reading your response I have searched a bit more on extending the stay as a visitor, and it turns out one can still remain in Canada if they have applied to extend their stay 30 days before their current expiration and until the decision has been made. I have come across the term "implied status", definition of which is:

"If a visitor, student or foreign worker applies to extend their status, before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status."

So basically if my spouse has OWP and applies to extend her work permit will she also have implied status and be able to stay after her visa expiry until decision has been made?

I have a hunch that it doesn't work like that because she would need me to have PGWP. Could you confirm?

And if so, my current actions should be:

• Apply for PGWP without attaching spouse to it.

• Apply to extend spouse's stay as a visitor.

• Apply for spouse's OWP once I have PGWP approved (hopefully).

Would that be correct?

Thank you again very much!

 

[indopino]

Hi @assbutt,

Were you able to resolve your problem?

I am in a similar situation and am confused with the information provided on cic website.

My wife is the student and she applied for PGWP last month. My visitor visa and OWP expires in march 31 2020.

She will get 3 payslips by march 6th 2020.

I dont know now should I apply for visitor visa extension as it will be less than 30 days from expiry of visa and initial OWP?

Also do I need to apply for visitor visa extension along with OWP extension?

Please share your experience. Thanks a ton.