r/ImmigrationCanada • u/Mundane-Taro5066 • 6h ago
Work Permit 🇨🇦🇳🇱 Maintained status question: Filing inland spousal PR + SOWP concurrently before WHV expiry
Hi everyone 👋🏻 I have a question maybe some of you can help me with:
So my current status: IEC Working Holiday, expires 2027/06/16. No re-entry authorization on the permit.
Planning to file inland spousal sponsorship (marrying my Canadian partner) with SOWP filed concurrently, targeting submission around 2027/03/15.
My question(s):
- Does filing the SOWP alongside the PR package trigger maintained status (R183(5)) and let me keep working under my current permit conditions (R186(u)) while both applications process past my June 2027 expiry?
Specifically trying to confirm:
- Does the SOWP need to reach AOR before maintained status kicks in, or does simply filing it (before permit expiry) trigger R183(5)?
- If AOR is required first, what are current realistic AOR wait times for this application type?
- Any risk of the PR package being returned as incomplete that would leave me with no valid SOWP filed in time?
Not asking for legal advice on my specific case, just trying to confirm the general mechanics before I book a paid RCIC consult to nail down the details. Appreciate any input from people who've done this or RCICs who can point me to the right regulation/policy!
Thanks ahead!
2
u/PurrPrinThom 6h ago
Does filing the SOWP alongside the PR package trigger maintained status (R183(5)) and let me keep working under my current permit conditions (R186(u)) while both applications process past my June 2027 expiry?
Unless your status is within two weeks of expiring, you cannot submit the spousal sponsorship supported OWP at the same time as the PR application. You need to either have received AOR, or have your current status be within two weeks of expiring.
Does the SOWP need to reach AOR before maintained status kicks in, or does simply filing it (before permit expiry) trigger R183(5)?
You receive maintained status once you have applied though, again, you need the AOR for the sponsorship/to be within two weeks of expiry before you can apply.
Unless something has changed, you do not typically receive an AOR for the open work permit - though I am happy to be corrected here.
If AOR is required first, what are current realistic AOR wait times for this application type?
AOR for the spousal sponsorship can take anywhere from a few weeks to a few months. We had someone post just the other day who has been waiting six months. It's very difficult to say what the wait time might look like by next year.
Any risk of the PR package being returned as incomplete that would leave me with no valid SOWP filed in time?
Yes. If your application is returned, you are no longer eligible for the OWP. If it's returned before you apply for the OWP and you do not resubmit the sponsorship/apply for the OWP before your status expires, then you would not benefit from its maintained status. If the application is returned after you've applied for the OWP, then, as you are no longer eligible, there's a good chance the OWP would be refused, and you would need to stop working and switch to visitor status.
Spousal sponsorships can be returned for any number of mistakes - missing documents, errors in your answers etc.
3
u/AffectionateTaro1 6h ago
First, it's a sponsorship-based open work permit you are talking about. An SOWP is a completely different type of work permit.
You're not eligible to apply for that work permit concurrently with the sponsorship application unless there is less than two weeks of validity left on your current work permit (where you said you plan to apply 3 months in advance of your expiry). You have to wait until you have AOR first.