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PGWP & SOWP Ext. From Implied Status

PGWP & SOWP Ext. from Implied Status

International students in Canada often find themselves in a tricky situation when their study permit is about to expire or already expired while their Post-Graduation Work Permit (PGWP) eligibility period begins. The situation becomes even more complex if the student is married and their spouse is on a Spouse Open Work Permit (SOWP). If you or your spouse are on implied status because a study permit extension is still under process, you may be wondering:

“Should I apply for PGWP and SOWP extension now or wait?”

This guide will explain everything you need to know about applying for PGWP and SOWP on implied status in Canada and help you avoid common mistakes that lead to refusals or legal issues.

1. What is Implied Status in Canada?

When you apply to extend your stay in Canada before your current permit expires, you are considered to be on implied status until IRCC makes a decision. While on implied status, you can remain in Canada legally but your rights to work or study may change.

For students:

  • You cannot work on implied status unless your permit specifically allows it.

  • If your study is complete and you apply for PGWP, you can stay but cannot work until a decision is made.

2. Scenario 1: Single Applicant – PGWP on Implied Status

Let’s say your study permit expired in March 2025, but your final exams ended in April 2025. You applied for a study permit extension in January 2025, and it’s still under process in May 2025.

🔍 Can You Apply for PGWP While Your Study Permit is Under Process?

Yes, you can. Even if your study permit expired, you are still under implied status as long as your extension application was submitted on time.

But here’s the catch:

❗ You are not allowed to work until your PGWP is approved.

This waiting period can be financially and emotionally stressful for many students, especially those who need to start working immediately after graduation.

PGWP Application Strategy on Implied Status

You have 3 options:

✅ Option 1: Apply PGWP Now (on Implied Status)

  • You stay legally in Canada.

  • You cannot work until PGWP is approved.

  • If approved quickly (within 1–2 months), you can start working earlier.

This is a risky but potentially faster option.


✅ Option 2: Wait for Study Permit Approval

  • Wait until your study permit extension is approved.

  • Then apply for PGWP.

  • As soon as you apply, you’re allowed to work full-time under PGWP policy.

This is the safe and IRCC-recommended route, but may delay your work start date.


✅ Option 3: Dual Strategy (Best Option)

  • Apply PGWP now on implied status.

  • After your study permit is approved, withdraw the initial PGWP.

  • Reapply PGWP under valid status.

  • You will receive a refund for the first PGWP application.

This helps you start the process early while staying compliant with IRCC rules.

3. Understanding Deadlines: 90 Days vs 180 Days Rule

When can you apply for a PGWP?

  • 90-Day Rule (Inside Canada): You must apply for PGWP within 90 days of receiving your course completion letter if you’re inside Canada.

  • 180-Day Rule (Outside Canada): If you leave Canada, you can apply for PGWP within 180 days from outside.

Important:

If your study permit extension is already submitted, you are not out of status, even if 90 days pass—because of the processing delay, IRCC gives flexibility in such cases.

4. Scenario 2: Married Applicants – PGWP + SOWP Complications

Many international students in Canada have spouses on Spouse Open Work Permit (SOWP). If you’re in your final semester or just finished your study and your spouse has applied for an SOWP extension, there’s some bad news.

❌ Why SOWP Extensions Get Refused

IRCC is now strictly refusing SOWP applications that are:

  • Submitted in the last semester of study

  • Submitted when the student is no longer a full-time active student

Even applications submitted in the second-last semester are at risk, especially if the processing time overlaps with course completion.


❗ Consequences of SOWP Refusal

  • Your spouse will lose legal status in Canada.

  • They will not be able to work unless you restore their status.

  • This leads to income loss and legal complications.


🔄 What You Should Do

Here’s the correct process if your SOWP extension is at risk:

📝 Step-by-Step:

  1. Wait for your study permit extension to be approved.

  2. Apply for:

    • Your PGWP

    • Spouse’s SOWP

    • Spouse’s Restoration of Status

Until your PGWP is approved, your spouse cannot work. Once approved, they may receive the new SOWP with restored status.

5. Alternative Options for Spouse

If you don’t want your spouse to wait for months without work, explore these options:

🔹 1. LMIA-based Work Permit

If an employer is ready to support, apply for an LMIA (Labour Market Impact Assessment) based work permit for your spouse.

🔹 2. C10 Work Permit (High Skill)

If your spouse has high-level professional skills and employer support, apply for a C10 work permit:

  • 20-day employer pre-screening

  • Final decision in 2 months

  • Valid for 1–2 years

6. Conclusion – What You Must Remember

✅ You can apply for PGWP while on implied status, but you can’t work until it’s approved.

✅ The safest route is to wait for study permit approval, then apply PGWP.

✅ SOWP extension applications submitted in your final semester are highly likely to be refused.

✅ Plan a combined strategy for PGWP + SOWP + Restoration if needed.

✅ Explore LMIA or C10 permits if immediate work authorization is important for your spouse.

📞 Need Help with PGWP, SOWP or Restoration of Status?

At Globexa Immigration, we specialize in helping international students and their families navigate complex IRCC procedures.

Our services include:

  • PGWP Application Assistance

     

  • SOWP Refusal Solutions

     

  • Status Restoration Applications

     

  • LMIA & C10 Work Permit Support

We are known as the:

Best Immigration Services in Panipat

Canada Study Visa Consultant

Top Immigration Consultant in India

Trusted Immigration Agent in Panipat

 

Let our expert visa counselors guide you step-by-step.

📲 Contact Globexa Immigration today for fast, reliable and transparent immigration solutions for students and professionals.

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