If someone with a post-graduate work permit (PGWP) applies for an open work permit though spousal sponsorship, do they benefit from maintained status?
If the individual on a Post-Graduation Work Permit (PGWP) applies for an open work permit through the spousal sponsorship program they would benefit from maintained status, provided they applied before their PGWP expired.
What is maintained status?
Maintained status allows a temporary resident to continue the activities they were authorized to perform under their original permit, as long as they applied for a new permit before the expiration of their current one.
This means that if the PGWP holder applied for an open work permit before their PGWP expired, they can continue to work in Canada under the same conditions as their PGWP until a decision is made on their new work permit application.
It is important to note that the maintained status only applies if the application for the new permit is submitted prior to the expiration of the current permit. If the application is submitted after the PGWP has expired, the individual would not have maintained status and would not be authorized to work until they receive a new work permit.
How do I apply for an open work permit with a spousal sponsorship?
If you apply for spousal sponsorship, the principal applicant will be able to apply for an open work permit while the spousal sponsorship is ongoing. Previously, this benefit was limited to people that applied via the inland program. Currently, both people that apply inland and outland are eligible to apply.
If you choose to work with our firm for your spousal sponsorship, we can also assist you with your work permit application as an "add-on" service. The timing of when you may apply depends on your current status in Canada. Generally speaking, open work permits for spouses are prioritized and IRCC tries to get a response to applicants within 30 days of application.
How do I get stated with open work permit with a spousal sponsorship?
We would love to help you. To get connected with an immigration lawyer, you can book a strategy session here. You will learn about how we can help and you will be able to ask any questions you may have.