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[confusedhusband]

History

1 - Applied for restoration of status (end of december 2015) and got the approval of status for one year recently.
2 - Inland sponsorship application + OWP send at the end of December 2015 ( didn't have a legal status that time but included a cover letter explaining why I failed to maintain the status and explained that I have already send the application for restoration of status)


Today
Just got hold of the call center and was told my work permit application will be processed only after AIP since I send in my application without a status. My status which got restored recently won't help and I have to wait months now (May be year or More) until I get The first stage approval Lil hope I had that they might start processing my work permit application after my status restoration since I wrote a cover letter explaining but looks like that's not the case which will happen. Just so devasted that I might have to wait one more year(perhaps more) to finally get to work and be little productive. Looks like it's going to be a hard, very long year ahead. Just can't seem to wrap my head around what's happening

 

[confusedhusband]

Experts - is that the only option I have now ?? To wait until AIP ?? Can I cancel the OWP application I send with the spouse sponsorship application and start a fresh one which might get approved faster rather than waiting untiiiiiiiiiiill AIP ?? Can't handle being jobless and unproductive for another year , since it's already a year for me without working and just sitting like a couch potato

 

[danny87]

You can cancel the entire PR + OWP application altogether and resubmit it with OWP application since now you have status. You can then even use the same receipt for payment. The only thing you lost is time in that case.

 

[Alurra71]

Unfortunately you did not meet the qualifications for the pilot OWP project. You will now have to wait until AIP before you would be approved.

I don't know if you would be able to circumvent this by submitting another OWP with another fee now or not. I suspect you wouldn't be able to since you're likely already in the system to have your OWP processed after AIP.

Since you have recently sent in your application another option would be to withdraw it and then apply outland. I suspect wherever you're from would still be quicker than an inland application and you'd likely have full PR before you would be issues AIP if left with the current inland application. Just a suggestion.

 

[confusedhusband]

Somehow after I spoke to that agent over the phone , something kept bothering me and it made me call them again. I spoke to another agent who was extremely patient , heard everything I have to say.He wasn't in a hurry to hang up on me. Instead kept asking me questions and told me since I didn't have any status when I send in my OWP application, the procedure is to process the work permit after AIP. Now that you have your status approved for another year , what you can do is cancel the payment which I did for open work permit and file a completely new open work permit(with new payment) and send it to Vegreville.He even emailed me a link and address where I should send the new open work permit and the form I should fill to withdraw my (previous) OWP application.
So I guess I should soon fill up a new open work permit application, fill up the withdrawal of previous OWP and mail them.

 

[scylla]

Somehow after I spoke to that agent over the phone , something kept bothering me and it made me call them again. I spoke to another agent who was extremely patient , heard everything I have to say.He wasn't in a hurry to hang up on me. Instead kept asking me questions and told me since I didn't have any status when I send in my OWP application, the procedure is to process the work permit after AIP. Now that you have your status approved for another year , what you can do is cancel the payment which I did for open work permit and file a completely new open work permit(with new payment) and send it to Vegreville.He even emailed me a link and address where I should send the new open work permit and the form I should fill to withdraw my (previous) OWP application.
So I guess I should soon fill up a new open work permit application, fill up the withdrawal of previous OWP and mail them.

Yeah - I think it's hard to say who is right since what you're going through is pretty untested. And of course one of the great things you can expect from the call centre is a different answer each time. But I don't see what you have to lose. I would withdraw the OWP if you can (without also withdrawing the inland app) and try resubmitting. Worst case scenario you're waiting another year or so like you already are.

 

[confusedhusband]

Yeah - I think it's hard to say who is right since what you're going through is pretty untested. And of course one of the great things you can expect from the call centre is a different answer each time. But I don't see what you have to lose. I would withdraw the OWP if you can (without also withdrawing the inland app) and try resubmitting. Worst case scenario you're waiting another year or so like you already are.

Yes.... looks like if I follow that advise I don't have anything to loose. I hoped (pretty high hope I guess) once my status gets restored they will start my OWP process. I was told I can just withdraw OWP and I guess by that he meant my spouse sponsorship application will continue to process. Hmmm I don't know if I got that right ? May be I should give them another call.
Is there any limitation on how many times I can Call the call center ??

 

[scylla]

Yes.... looks like if I follow that advise I don't have anything to loose. I hoped (pretty high hope I guess) once my status gets restored they will start my OWP process. I was told I can just withdraw OWP and I guess by that he meant my spouse sponsorship application will continue to process. Hmmm I don't know if I got that right ? May be I should give them another call.
Is there any limitation on how many times I can Call the call center ??

I honestly wouldn't bother calling them again and wouldn't put any faith in what they say. They are good for only the simplest question. This is an advanced question (very advanced). You'll just have to make a call about what you're going to do and go with it. Only other option would be to spend money on a good immigration lawyer.

 

[confusedhusband]

I honestly wouldn't bother calling them again and wouldn't put any faith in what they say. They are good for only the simplest question. This is an advanced question (very advanced). You'll just have to make a call about what you're going to do and go with it. Only other option would be to spend money on a good immigration lawyer.

Thank you for your time reading my note and for your suggestion. I wish I can afford good immigration lawyer since I guess the good or the best ones cost lots of money. When the entire home is running with my spouse pay check (while I just sit home) it gets hard. This is turning out to indeed very difficult process !!

 

[Aquakitty]

There's this to consider:

Possible restoration scenarios

A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.

A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.
Note: A person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the Act, in order to qualify for restoration.

The pilot OWP is it's own thing, but it does say this:

Who can be issued an open work permit?

- the SCLPC class applicant has valid temporary resident status (as a visitor, student, or worker). (Which you do have).

Applicants whose application for permanent residence is being processed under the spousal public policy (subcategory “PP” in GCMS) on the basis that they do not have a valid temporary resident status are not eligible to be issued an open work permit under the pilot project. They must wait until they receive approval in principle to be eligible to apply for an open work permit. (You are not being processed under the public policy as you now have status).

Also, I think if call center employee #1 was correct they'd have sent back your OWP by now.

 

[confusedhusband]

There's this to consider:

Possible restoration scenarios

A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.

A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.
Note: A person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the Act, in order to qualify for restoration.

The pilot OWP is it's own thing, but it does say this:

Who can be issued an open work permit?

- the SCLPC class applicant has valid temporary resident status (as a visitor, student, or worker). (Which you do have).

Applicants whose application for permanent residence is being processed under the spousal public policy (subcategory “PP” in GCMS) on the basis that they do not have a valid temporary resident status are not eligible to be issued an open work permit under the pilot project. They must wait until they receive approval in principle to be eligible to apply for an open work permit. (You are not being processed under the public policy as you now have status).

Also, I think if call center employee #1 was correct they'd have sent back your OWP by now.

Thanks a lot for the suggestions and taking time to go through my post. At this moment the best thing seems to be withdraw my old open work permit application which hasn't been processed and ask for a refund and then send a fresh OWP application now that I have my status back . Any idea how long does it take if I withdraw the application, what is the procedure ?? By submitting a case specific query only ?? And I manage to withdraw the old OWP application, when should I expect the refund ?? Within a month or how does it go ?? Do I get a reply or a note from CIC ?? Any info ??
Thanks in advance
Have a wonderful weekend

 

[Aquakitty]

Thanks a lot for the suggestions and taking time to go through my post. At this moment the best thing seems to be withdraw my old open work permit application which hasn't been processed and ask for a refund and then send a fresh OWP application now that I have my status back . Any idea how long does it take if I withdraw the application, what is the procedure ?? By submitting a case specific query only ?? And I manage to withdraw the old OWP application, when should I expect the refund ?? Within a month or how does it go ?? Do I get a reply or a note from CIC ?? Any info ??
Thanks in advance
Have a wonderful weekend

You use this: http://www.cic.gc.ca/english/contacts/web-form.asp

You will only get a refund if they haven't begun processing it. I seem to remember getting our refund in about 2 weeks for an inland PR application withdrawal.

 

[confusedhusband]

You use this: http://www.cic.gc.ca/english/contacts/web-form.asp

You will only get a refund if they haven't begun processing it. I seem to remember getting our refund in about 2 weeks for an inland PR application withdrawal.

Thank you but I won't be withdrawing my inland application. I will be just withdrawing my OWP application which I have send with my inland application .

 

[confusedhusband]

Finally my OWP arrived ( valid for 2 years) Can't wait to go to service Canada and get my sin so I can start looking for jobs and be productive.
It feels great.
Thank you everyone who have given me their time and suggestion.

 

[dominokitty]

The same thing happened to us, almost! The main difference is that we sent the restoration of status and the work permit forms together in the same package along with the explanation for loss of status. I'm glad you got the work permit - it's such a relief!