Receiving Work Permit and Spouse Open Work Permit (SOWP) Extension While on Implied Status in Canada – 2025 Guide
Navigating Canada’s immigration process can be overwhelming, especially when you’re on implied status and waiting for updates on your study permit extension and spouse open work permit (SOWP) application. In this blog, we break down a real case scenario that reflects the struggle of many families in Canada today. We’ll explain the implications, possible outcomes, and the best strategies to ensure you stay on the right track.
1. What is Implied Status?
Implied status means you are legally allowed to stay in Canada while waiting for the result of your extension application—as long as you applied before your previous permit expired. During this time:
Students can continue studying.
Spouses can continue working—only if their previous SOWP was valid at the time of application.
2. Real Scenario We Analyzed
A user shared her situation:
Her visa expired on April 30, 2025.
She applied for a study permit extension and SOWP extension before expiry.
Her husband is completing college by June 30, 2025, and expects a course completion letter by July 15.
They hope for results by July 19, but delays are possible.
Let’s break down what this family—and many like them—can expect.
3. Best-Case Scenario
If all permits (study, SOWP, child’s permit) are approved:
Once the course completion letter is received (e.g., July 15), apply for the Post-Graduation Work Permit (PGWP) immediately.
Submit the SOWP and child’s TRV/permit extension along with the PGWP.
If no job is available yet for the primary applicant, that’s okay. Submit proof of job later (Tier 0, 1, 2, or 3).
✅ Everyone remains in status.
✅ Spouse can continue working.
✅ No need for LMIA or alternative permits.
4. What If SOWP Is Refused?
This is the most common risk:
Once SOWP is refused, the spouse is out of status and must stop working immediately.
Restoration of status is required. The spouse cannot work during restoration, even with another application in process.
Any application submitted after refusal (like LMIA-based work permit) is automatically refused if the previous application was denied.
So, timing is everything.
5. Dual Application Strategy
This smart approach gives you two chances:
1️⃣ First Application (Try Your Luck):
Submit PGWP alone (without SOWP or child’s TRV) right after course completion.
You won’t be allowed to work, but you might get approved quickly (within 2 months).
If approved → you can work and apply for SOWP/TRV afterward.
2️⃣ Second Application (Main Application):
After getting study permit extension approved.
Submit PGWP + SOWP + Child’s permit/extension.
Now, you’re allowed to work.
This application becomes the real deal.
📝 If the first PGWP is still in process or approved, withdraw it and go ahead with the second one.
6. 90-Day Rule After Course Completion
There’s a hidden rule:
After receiving your course completion letter, you have only 90 days to apply for PGWP while inside Canada—even if your study permit is valid for longer.
💡 Exception: If you’re still on implied status from a pending study permit extension, IRCC considers you in status, even after 90 days.
This was confirmed via IRCC phone support.
7. Should You Leave Canada and Apply?
Some people ask:
“Should I go to India and apply for SOWP to get a faster result?”
❌ Not advisable—unless:
The primary applicant has already received PGWP.
You are already out of status.
Only then, applying from outside may give faster results (within 2 months).
8. What About Children?
If there’s a child in the family:
Their extension is tied to the primary applicant, not the spouse.
If the primary applicant is approved, the child’s application usually gets accepted too.
9. Should You Go for an LMIA?
No. Here’s why:
Even if you get an LMIA-based job offer, your application will be rejected if your previous application (SOWP) was refused.
LMIA leads to a closed work permit, which restricts your flexibility.
It’s not worth the cost, risk, or stress—especially when PGWP + SOWP combo offers 3 years of open work permits.
Final Thoughts: What You Should Do
Always apply before your permit expires to maintain implied status.
Use the dual application method to maximize your chances.
Do not work if you are not legally allowed—it can harm future applications.
Avoid LMIA unless absolutely necessary.
If SOWP is refused, stop working immediately, and wait for PGWP approval to reapply.
If you’re confused, consult a trusted immigration advisor—like Globexa Immigration—to guide you step-by-step.
Need Help?
At Globexa Immigration, we’ve helped hundreds of applicants in similar situations—whether it’s for PGWP, SOWP, study permit extensions, or restoration of status.
We’re here to make the process smooth and stress-free.
