Sponsoring a common-law partner but his PGWP expires soon. Can he continue working?

[Jennyyyyy]

Hello everyone,

I am planning to sponsor my common-law partner in March 2021 with an open work permit application but his PGWP expires in June 2021 which means he does not have enough time to get an open work permit approved. In this case, could he continue working under "implied status" or does he have to stop working immediately once his PGWP expires and apply for a visitor permit to extend his legal status in Canada until he receives the new work permit?

Thanks in advance for your comments!

 

[zupermarn]

Hello everyone,

I am planning to sponsor my common-law partner in March 2021 with an open work permit application but his PGWP expires in June 2021 which means he does not have enough time to get an open work permit approved. In this case, could he continue working under "implied status" or does he have to stop working immediately once his PGWP expires and apply for a visitor permit to extend his legal status in Canada until he receives the new work permit?

Thanks in advance for your comments!

He can continue working under implied status.

Make sure you submit the spouse sponsorship application and open work permit together.

 

[Jennyyyyy]

He can continue working under implied status.

Make sure you submit the spouse sponsorship application and open work permit together.

Thank you for your prompt response.

Do you mean that he doesn't have to extend his status as a visitor while waiting for an open work permit approval? IRCC states that while my partner's pr application is being processed, he must maintain legal status. Isn't this the case for my partner?
I have copied IRCC's Q&A related to my concern below:

I am sponsoring my spouse or partner who is in Canada. Can they work while their application is being processed?
Yes, but only if they have a work permit.
If you’re sponsoring your spouse, they can apply for an open work permit.
It will take us about 4-5 months to process the open work permit application.
Remember that while your spouse or partner’s permanent residence application is being processed, they must:

• maintain legal status as a visitor, student or worker in Canada, and
• wait for their work permit application to be approved before starting to work.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

 

[zupermarn]

Thank you for your prompt response.

Do you mean that he doesn't have to extend his status as a visitor while waiting for an open work permit approval? IRCC states that while my partner's pr application is being processed, he must maintain legal status. Isn't this the case for my partner?
I have copied IRCC's Q&A related to my concern below:

I am sponsoring my spouse or partner who is in Canada. Can they work while their application is being processed?
Yes, but only if they have a work permit.
If you’re sponsoring your spouse, they can apply for an open work permit.
It will take us about 4-5 months to process the open work permit application.
Remember that while your spouse or partner’s permanent residence application is being processed, they must:

• maintain legal status as a visitor, student or worker in Canada, and
• wait for their work permit application to be approved before starting to work.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

You mentioned that he is currently on PGWP which is work permit, after this expires he will be on implied status,
he can keep working and keep doing everything legally.
As far as he has an application in he can work , though if the application comes out negative then he is not legally allowed to work or stay in Canada