Spouse PGWP and Open Work Permit Extension

[vinniechandak]

Hello members,

My spouse has applied for her PGWP in April but she hasn't received her work permit yet. It is still in progress due to COVID. She has got NOC A category job.

My Open Work Permit expires in September. CIC website says that to apply for my extension, I will need her PGWP as well as 3 paystub. I have all other documents except her PGWP. Can I apply for extension?

 

[primaprime]

You need her PGWP. In the meantime you should apply to change your status to visitor and stop working.

 

[vinniechandak]

I checked for that option and it says visitor record processing time is approximately 4 months. If my spouse gets her PGWP in between, can I apply for Open Work Permit along with Visitor record which is in progress? Won't that be a case of dual intent? Any chance of rejection?

 

[primaprime]

Not an issue. Dual intent only applies when you have both a temporary and permanent status intent. A work permit is still a temporary status.

 

[vinniechandak]

Thanks for your response!

 

[hackerman2020]

@vinniechandak Actually, you could submit proof that your spouse applied for her PGWP, such as by providing the proof of application submission (IMM5739E in her application page) in lieu of the actual permit, and explain your situation in your letter of explanation. An officer performing the initial screening of your application will link it to your spouse's PGWP application through GCMS, and your SOWP application is going to be processed once your spouse's PGWP is approved. Although IRCC guidelines do not mention you can do that, it fails to account for the extremely long processing times currently causing unnecessary hardship as you send multiple applications to transition from worker to visitor to worker. Good luck! Here is an excellent example of someone in a similar situation: https://www.canadavisa.com/canada-immigration-discussion-board/threads/pgwp-with-spouse-owp-experience.687180/

 

[vinniechandak]

@hackerman2020 Thanks a ton for this information. I was able to get hold of immigration agent and they also provided same sort of information. I really appreciate your help on this one and 1000 thanks for the link!

 

[primaprime]

Keep in mind the call centre agents do not always provide correct information as they are not visa officers.

 

[vinniechandak]

I have a small question on this again. If a spouse changes job post applying for SOWP extension, what are the consequences?

 

[primaprime]

None.

 

[vinniechandak]

Do we need to update the application with newer employment letter, paystubs etc if the extension application is still in progress?