Would I be able to work on implied status if I have applied for a visitor visa before my PGWP expires?

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Customer: Hi again, would I be able to work on implied status if I have applied for a visitor visa before my PGWP expires?
Answered by JJL11 in 1 min 1 year ago
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.

I am reviewing your question and will reply shortly.

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JJL11, Expert

You can legally work up until your PGWP expires. You cannot work while waiting for your visitor visa application to be processed. There is only implied status to allow you to work if your current work permit expires and you are awaiting a new work permit.

Hope this answers your question.

Customer
Oh ok. Since my husband will be applying for a PR with me as a secondary applicant, will i be able to apply for a spouse work permit along with the visitor visa application? Will that have any impact on our PR application?
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JJL11, Expert

I see - Will your husband be applying for a Bridging Open Work permit while he waits for your application to be processed ? If he does, you might be able to apply for a work permit as well if he meets certain conditions.

If you get a work permit, this will not negatively impact your PR application.

Can you tell me under which immigration program your husband is applying (ie) Canadian Experience Class, Federal Skilled Worker program so I can tell you what conditions need to be met before you can get a work permit ?

Customer
My husband will be applying under Federal skilled worker program. He is not applying for bridging work permit since his PGWP is valud till 2023. I'm also not considering SOWP under his work permit since that has been refused once and I do not wish to take that chance again. Therefore I wanted to apply for work permit as a sponsored spouse awaiting PR decision
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JJL11, Expert

If you are included on your husband's PR application as his spouse, you are not a sponsored spouse because that is a different type of application. A sponsored spouse is when your spouse is already a PR or citizen and sponsoring you to remain in Canada as a PR.

Can you tell me why your SOWP was refused ?

Customer
He didn't have a job, which he still doesn't
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JJL11, Expert

I am sorry to hear this..

In that case, you will need to wait until he finds a job, even if it is a part-time job in an occupation which is a Skill Level A, B or O.

Here is the link to the Canada Immigration Operational Guidelines on how spouses of PGWP holders can be eligible for SOWP.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#skilled-workers

Hope this helps.

Customer
Thanks a lot. What is the time line for this and can I apply for this after my work permit expires?
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JJL11, Expert

You are very welcome.

Yes, you can apply for the SOWP even after your current work permit expires if your husband has not found a job yet but I would advise that you make sure you have a valid visitor visa or TRV during the time you do not have a work permit so that you remain in status.

Hope this answers your question.

Customer
Thanks again. I was doing a bit of research and found the link below where its states that if a family member is included in a PR application then he/she is eligible for work permit. Does it means I am eligible for work permit because we are applying for PR together and my husband is the primary applicant and I am the secondary applicant.https://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2c&q3_options=2c_v
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JJL11, Expert

Hello again - When your SOWP application was refused, had your husband submitted his PR application yet ? Has your husband's PR application been approved ?

Customer
No, when our SOWP was reject my husband didn't submit his PR. We have submit our PR together yesterday and we got the ITA where he is the primary and I am the secondary applicant(family member).
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JJL11, Expert

In that case, I would suggest that you apply for an open work permit again after you receive an acknowledgement of receipt from Canada Immigration for your PR application and confirmation that your PR application is complete.

Customer
Alright, so I am eligible and that set my mind at ease. Thank you so much for all your help.
We really appreciate it.
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JJL11, Expert

You are most welcome. I am glad I was able to help.

Thank you for using JustAnswer.

All the best to you and your husband.

Customer
Thank you, ***** ***** a great experience with JustAnswer.
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JJL11, Expert

That is wonderful to hear. Thanks for the feedback.

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