Spouse work permit flagpole?

[henners1985]

Good evening,

I'm hoping someone might be able to assist my wife and I in a difficult situation.
Quick brief,
1. Came to Vancouver from UK on working holiday visas expired end march 2019.
2. Got jobs, i received provincial nomination by paper application. Sent off to IRCC in August 2018, expected completion March 2020 according to IRCC.
3. Wife pregnant august 2018(gave birth in Vancouver in April 2019.
4. Applied for bridging open work permits for my wife and I December 2018 to Edmonton case processing centre.
5. Received my 1 year work permit April 8th 2019, no sign of wife's.
6. Spoke with IRCC multiple times, the application was sent recorded delivery so we know they've received it, everything in order but long story cut short, they've lost the application, and in conclusion told her to apply for Restoration of temporary resident status as she is currently on implied status due to expired work permit. Unsure how long this process takes but we've just had our first child and she is supposed to be on Maternity leave but can't claim benefits until she can extend her Social insurance number.

So my query is, before we apply for Restoration of temp resident status, is there any way we can go for a weekend in the US and take all our paper work with us including all of my PR application stuff and re enter Canada and potentially obtain a work permit for my wife in our current situation?

We've both completely lost trust in IRCC and short of hiring a lawyer to sort this out for us, I just wonder if a flagpole might be the fastest, albeit frowned upon solution?

Many thanks in advance and if you have any questions about our process that might help you out please do ask.

Henry

 

[canuck_in_uk]

Good evening,

I'm hoping someone might be able to assist my wife and I in a difficult situation.
Quick brief,
1. Came to Vancouver from UK on working holiday visas expired end march 2019.
2. Got jobs, i received provincial nomination by paper application. Sent off to IRCC in August 2018, expected completion March 2020 according to IRCC.
3. Wife pregnant august 2018(gave birth in Vancouver in April 2019.
4. Applied for bridging open work permits for my wife and I December 2018 to Edmonton case processing centre.
5. Received my 1 year work permit April 8th 2019, no sign of wife's.
6. Spoke with IRCC multiple times, the application was sent recorded delivery so we know they've received it, everything in order but long story cut short, they've lost the application, and in conclusion told her to apply for Restoration of temporary resident status as she is currently on implied status due to expired work permit. Unsure how long this process takes but we've just had our first child and she is supposed to be on Maternity leave but can't claim benefits until she can extend her Social insurance number.

So my query is, before we apply for Restoration of temp resident status, is there any way we can go for a weekend in the US and take all our paper work with us including all of my PR application stuff and re enter Canada and potentially obtain a work permit for my wife in our current situation?

We've both completely lost trust in IRCC and short of hiring a lawyer to sort this out for us, I just wonder if a flagpole might be the fastest, albeit frowned upon solution?

Many thanks in advance and if you have any questions about our process that might help you out please do ask.

Henry

As you have proof it was delivered and therefore IRCC lost it, she should NOT have to apply for Restoration. Go to the closest MP and have them contact IRCC. She should be able to submit a replacement app that should be expedited.

 

[canuck78]

You shouldn’t leave Canada or you will lose your implied status.

 

[henners1985]

You shouldn’t leave Canada or you will lose your implied status.

Thanks for your reply, the problem we have is that Implied status runs out on 29th June 2019, after that she is required to leave the country if she doesn't have another visa/permit. I've read so many times that you can drive down to the states and come back and provided you have your paperwork in order then they should grant you a new work permit.

I know that it's a frowned upon process and I wouldn't be considering it if we weren't put in this position but my wife is receiving no income/benefits whilst on maternity leave and if she can't show Service Canada a valid work permit in the next few weeks then she will lose her claim completely. It's a desperate time for us, we have spoken to the MP who has written us a letter to send to IRCC but how much longer is that gonna take IRCC?

 

[canuck78]

Thanks for your reply, the problem we have is that Implied status runs out on 29th June 2019, after that she is required to leave the country if she doesn't have another visa/permit. I've read so many times that you can drive down to the states and come back and provided you have your paperwork in order then they should grant you a new work permit.

I know that it's a frowned upon process and I wouldn't be considering it if we weren't put in this position but my wife is receiving no income/benefits whilst on maternity leave and if she can't show Service Canada a valid work permit in the next few weeks then she will lose her claim completely. It's a desperate time for us, we have spoken to the MP who has written us a letter to send to IRCC but how much longer is that gonna take IRCC?

Missing how your wife qualifies for a new work permit if they are telling her to restore her status.

 

[henners1985]

Canuck78, you're correct she no longer qualifies for work permit extension(new work permit) through no fault of her own. The application for new work permit extension was sent 3 months before her work permit expired along with mine, so now she is in theory under implied status, but as THEY have lost the application and her original work permit has expired, the only thing she can do now from inside Canada is apply for restoration.

According to the IRCC website, she meets all the requirements for a work permit, and as she is from TRV exempt country she can legally apply for a work permit at the border

 

[henners1985]

Normally I would do this but she is on maternity leave and if she doesn't provide service canada with a valid work permit within a certain timeframe they won't pay out her Ei claim for mat leave. We live in Vancouver, and it's a struggle on two people's salaries,if she isn't able to assist then she'll probably have to go home with the baby and be supported by her parents, whilst I stay here working. Not an option we really want to explore

 

[canuck78]

Canuck78, you're correct she no longer qualifies for work permit extension(new work permit) through no fault of her own. The application for new work permit extension was sent 3 months before her work permit expired along with mine, so now she is in theory under implied status, but as THEY have lost the application and her original work permit has expired, the only thing she can do now from inside Canada is apply for restoration.

According to the IRCC website, she meets all the requirements for a work permit, and as she is from TRV exempt country she can legally apply for a work permit at the border

If you want to solve the missing application issue it will have to be through IRCC. Not sure again how she meets the requirement for a work permit? Does she have an LMIA?

@canuck_in_uk or @scylla am I missing something?

 

[henners1985]

If you want to solve the missing application issue it will have to be through IRCC. Not sure again how she meets the requirement for a work permit? Does she have an LMIA?

@canuck_in_uk or @scylla am I missing something?

She doesn't require and LMIA according to IRCC online questionnaire. Here are the requirements:

You may be eligible for an open work permit if you:

• are an international student who graduated from a designated learning institutionand are eligible for the Post-Graduation Work Permit Program
• are a student who’s no longer able to meet the costs of your studies (destitute student)
• applied for permanent residence in Canada
• are a dependent family member of someone who applied for permanent residence
• are the spouse or common-law partner of a skilled worker or international student
• are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
• are a refugee, refugee claimant, protected person or their family member
• are under an unenforceable removal order
• are a temporary resident permit holder
• are a young worker participating in special programs

She meets point 4 and 5.

 

[henners1985]

Let me clarify that I'm the principal applicant of permanent residence by provincial nomination. I forget my actual NOC code but it's in skill level B, she is listed as a dependent/family member on my PR application.

 

[canuck_in_uk]

Normally I would do this but she is on maternity leave and if she doesn't provide service canada with a valid work permit within a certain timeframe they won't pay out her Ei claim for mat leave. We live in Vancouver, and it's a struggle on two people's salaries,if she isn't able to assist then she'll probably have to go home with the baby and be supported by her parents, whilst I stay here working. Not an option we really want to explore

You really need to escalate this through IRCC. Did the MP contact IRCC on your behalf?

 

[henners1985]

You really need to escalate this through IRCC. Did the MP contact IRCC on your behalf?

Hi Canuck_in_uk

We spoke with the MP and he has written a letter to the IRCC which we have forwarded to them along with a rather strong worded email,albeit respectful.
We'll see where it leads us but I don't remain too hopeful, I'm not angry that they've lost the application, I'm angry at how they've dealt with it, no one has offered any apology or explanation, every time you speak with someone at the IRCC contact centre, their general attitude is get over it, instead of offering to assist us. I know exactly where her application will be,and I've told them that so many times, it will be in my file along with my application. All they have to do is reopen it, it's so simple. It's so sickening that you have to pay for this and put up with all of their incompetence

 

[canuck_in_uk]

Hi Canuck_in_uk

We spoke with the MP and he has written a letter to the IRCC which we have forwarded to them along with a rather strong worded email,albeit respectful.
We'll see where it leads us but I don't remain too hopeful, I'm not angry that they've lost the application, I'm angry at how they've dealt with it, no one has offered any apology or explanation, every time you speak with someone at the IRCC contact centre, their general attitude is get over it, instead of offering to assist us. I know exactly where her application will be,and I've told them that so many times, it will be in my file along with my application. All they have to do is reopen it, it's so simple. It's so sickening that you have to pay for this and put up with all of their incompetence

Yeah, the Call Centre sucks. I wonder why the MP office didn't actually contact IRCC.

 

[canuck78]

Let me clarify that I'm the principal applicant of permanent residence by provincial nomination. I forget my actual NOC code but it's in skill level B, she is listed as a dependent/family member on my PR application.

Yes but you are on implied status after IEC waiting for PR through provincial nomination. Still can’t see how this will lead to a new work permit via flagpoling for your spouse. Really she stay in Canada and fight for the return of her implied status.

 

[henners1985]

Yes but you are on implied status after IEC waiting for PR through provincial nomination. Still can’t see how this will lead to a new work permit via flagpoling for your spouse. Really she stay in Canada and fight for the return of her implied status.

I have my open work permit valid until April 2020, which will hopefully be enough time for IRCC to process the PR application, did the medicals last week. We will see our lawyer again on Monday to see what he recommends.