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What happens if AOR not received and IEC visa expires?

Discussion in 'Family Class Sponsorship' started by lisazhu94, Jan 16, 2020.

  1. Hi all,

    My husband and I are sending in our application for spousal sponsorship a little close to his IEC visa expiration date.

    We are hearing a lot of different scenarios and need a peace of mind. What happens if IEC visa expires before AOR is received? Much appreciated.
     
  2. Presumably you're sending in an inland spousal application with an OWP?

    It would be risky for your husband to continue working before receiving AOR. AOR implies that your package has been received and nothing will be sent back, but this is not always true (in some cases, people have received AOR and then had their OWP returned separately).

    Your husband should inform his employer that he may have to stop working if his visa expires before he receives AOR. If he has AOR, he can argue that he has "implied status," because his OWP is processing, which would allow him to continue working under the same conditions of his IEC permit.

    Per the website: (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html)

    "If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada."

    https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1476&top=25

    You should also consider whether your partner is from a visa exempt country or not.
     
  3. I disagree with the above. As long as you apply outland and include an OWP with the application, he can legally continue working on implied status until a decision in the OWP is made. IRCC has made it clear that implied status applies to IECs. He should continue working.

    The one risk you run is that there's always a chance your application may be incomplete. If that's the case, he will end up in Canada without status. To give yourself a bit of insurance, in addition to submitting the inland application + OWP - I would recommend applying to change his status to visitor before the IEC expires. That way if the inland application package is returned, he won't be out of status in Canada (although he will need to stop working until you are able to resubmit the application and the OWP is approved).
     
    LisaH and canuck_in_uk like this.
  4. Apologies if I was unclear. This is more what I was getting at - if your application is incomplete and you've been working on "implied status" after the IEC visa expires, you wouldn't have actually HAD implied status for that period. In that case, that work would then technically be "illegal."

    From what I've read, having AOR makes it much easier to prove implied status if you need to, but I didn't mean to say it's necessary. And yes, I agree that implied status applies to IECs. In my case, I applied for inland + OWP with an IEC visa in place, got approved for OWP, and gave that to my employer (I was never on implied status). If I had been on implied status, I would have shown my employer a printout of my linked OWP and the information on having implied status under IEC in the second link I posted.

    Hopefully that clarifies as I think we're more or less in agreement and I don't want to confuse OP.
     

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