Open Work Permit denied

[redhotgalego]

Hello all,

I need some advice. I applied for PR and OWP in December, sponsored by my wife. My visitor status was valid at the time (it expired a few weeks after the application was received). I was told I did not need to renew my visitor visa because once the application was received I would have implied status. In February, with my visitor status expired, I got an email about the OWP app, saying there was a payment missing. We made the payment and, apparently, that´s when the application was officially received (in other words, it didn´t count as received during my visitor status). Today I got a message from CIC saying that the OWP app had been rejected due to lack of legal status in Canada, and that the OWP would be provided IF and WHEN the PR was given (somewhere around December 2018, I guess). So the question is: is there anything I can do? Could I apply for visitor status again and hope to get the work permit then (although one month for visitor and four for OWP, it might arrive by the time the decision about PR has been made, am I right?). Should I worry about my eligibility for PR?

Thank you very much, any help is greatly appreciated.

 

[Helena R]

Hi there, what a drag...

I never heard of this situation so let's see...

First thing is to restore your status as a visitor, so that HAS TO be done. You have to check thoroughly which application you have to submit as in your case you need "restoration of status".

And then, I would first call CIC to see what they say AND also go to an appointment with an immigration lawyer, who charge like $100 for a consultation, which could be highly useful in this case, in order to see if you can appeal this decision and how to do it. It's really a lot of time to wait to start working. It won't be December, although it depends I the case, but after Decision made you have to wait for your landing appointment which depending on the city it could take up to 10 weeks.

So better have good advice !
Hope it goes smooth

 

[canuck_in_uk]

Hello all,

I need some advice. I applied for PR and OWP in December, sponsored by my wife. My visitor status was valid at the time (it expired a few weeks after the application was received). I was told I did not need to renew my visitor visa because once the application was received I would have implied status. In February, with my visitor status expired, I got an email about the OWP app, saying there was a payment missing. We made the payment and, apparently, that´s when the application was officially received (in other words, it didn´t count as received during my visitor status). Today I got a message from CIC saying that the OWP app had been rejected due to lack of legal status in Canada, and that the OWP would be provided IF and WHEN the PR was given (somewhere around December 2018, I guess). So the question is: is there anything I can do? Could I apply for visitor status again and hope to get the work permit then (although one month for visitor and four for OWP, it might arrive by the time the decision about PR has been made, am I right?). Should I worry about my eligibility for PR?

Thank you very much, any help is greatly appreciated.

Hi

As you submitted an incomplete OWP application, you were out of status as of the expiry of your original visitor status. That means that it is too late to restore your status at this point.

This will not affect your PR app. Legal status is not a requirement for a spousal sponsorship app.

 

[redhotgalego]

Hi

As you submitted an incomplete OWP application, you were out of status as of the expiry of your original visitor status. That means that it is too late to restore your status at this point.

This will not affect your PR app. Legal status is not a requirement for a spousal sponsorship app.

Thank you very much for your response. It is a relief that it won´t affect the PR application. Why can´t I restore my status as a visitor?

 

[redhotgalego]

Hi there, what a drag...

I never heard of this situation so let's see...

First thing is to restore your status as a visitor, so that HAS TO be done. You have to check thoroughly which application you have to submit as in your case you need "restoration of status".

And then, I would first call CIC to see what they say AND also go to an appointment with an immigration lawyer, who charge like $100 for a consultation, which could be highly useful in this case, in order to see if you can appeal this decision and how to do it. It's really a lot of time to wait to start working. It won't be December, although it depends I the case, but after Decision made you have to wait for your landing appointment which depending on the city it could take up to 10 weeks.

So better have good advice !
Hope it goes smooth

Thank you very much for your help. I will call CIC and a lawyer tomorrow morning.

 

[canuck_in_uk]

Thank you very much for your response. It is a relief that it won´t affect the PR application. Why can´t I restore my status as a visitor?

You can't apply for Restoration because it has been more than 90 days since your status expired.

Thank you very much for your help. I will call CIC and a lawyer tomorrow morning.

I wouldn't bother calling either. The Call Centre gives out more wrong information than right and a lawyer cannot do anything for you.

 

[evdm]

You could leave Canada and attempt to re-enter as a visitor but this carries the risk that if you are denied entry because of your overstay (or any other reason) that your entire PR application will be abandoned and you would have to start anew with an outland application.

Otherwise, you can stay in Canada on implied status because of your PR application but you won't be able to apply for an open work permit.

 

[Michyy]

You could leave Canada and attempt to re-enter as a visitor but this carries the risk that if you are denied entry because of your overstay (or any other reason) that your entire PR application will be abandoned and you would have to start anew with an outland application.

Otherwise, you can stay in Canada on implied status because of your PR application but you won't be able to apply for an open work permit.

PR App does not give you implied status. Only Visitor/Study/Work permit applications do.

 

[evdm]

PR App does not give you implied status. Only Visitor/Study/Work permit applications do.

My mistake...

But the point remains; the OP can remain in Canada (without status) until the PR application is processed and not apply for an open work permit
- or -
The OP can try to exit and re-enter Canada thus renewing valid status, but at the risk they will be turned away at the border because of their overstay and therefore the inland PR application will be abandoned.

 

[Michyy]

My mistake...

But the point remains; the OP can remain in Canada (without status) until the PR application is processed and not apply for an open work permit
- or -
The OP can try to exit and re-enter Canada thus renewing valid status, but at the risk they will be turned away at the border because of their overstay and therefore the inland PR application will be abandoned.

Agreed. Also, just to add, I believe OP can also apply for OWP once AIP has been received.

 

[canamconnect]

You can apply for a TRP (Temporary resident permit) and re-apply for OWP. The TRP will give you legal status again and then they will process your OWP.
They are right you cannot "restore" your status as it has been more than 90 days.

If you opt to wait I would not bother applying for an OWP once you have AIP...that is so close to the end it is not worth the application fee for an OWP.

 

[redhotgalego]

Thank you all for your responses, I just got off the phone with CIC and have a better understanding of the situation. I can not reapply for any new status, restore status or anything like that. The good news is that I don´t have to wait for the final decision about my PR, instead, they will review my OWP once I pass the first stage of my PR application (AIP), which they couldn´t give me an estimate about, does anybody know when this might happen?

 

[KBH]

Agreed. Also, just to add, I believe OP can also apply for OWP once AIP has been received.

This will happen automatically. The OWP application wasn't technically rejected as the OP stated in their post; any time the OWP is received and the applicant is out of status, they basically "set it aside" and issue the OWP once AIP is received.

 

[redhotgalego]

This will happen automatically. The OWP application wasn't technically rejected as the OP stated in their post; any time the OWP is received and the applicant is out of status, they basically "set it aside" and issue the OWP once AIP is received.

Exactly, thank you. This is literally what CIC just told me. I can´t find an estimate on when AIP arrives, do you know how long it usually takes?

 

[canamconnect]

Exactly, thank you. This is literally what CIC just told me. I can´t find an estimate on when AIP arrives, do you know how long it usually takes?

From what I have been reading it happens closer to the end these days.
Funny how the CIC gives people different answers. A friend of mine that I met on this forum addressed the issue by getting a TRP to have legal status so they could apply for the OWP. Mind you this was just before the OWP pilot program started so they would have been looking at quite a wait otherwise. But they were incorrect when they said you Can't do it...it just might not benefit you depending how far into the process you are.

I have seen so many different answers from the CIC on so many different questions...it is so frustrating for all involved.