a little confused and not too happy with CIC

[Laurier]

the good news ---> I called their help line and spoke to a live agent in about 10 minutes
the not so good news ---> I'm a little bit more confused now

my case is simple. I'm sponsoring (next month) my common law partner on an in Canada family class permanent resident application. Currently she is here living with me (for 1 year next month) on a visitor visa extension. All I want to do is ensure she doesn't get refused on her next visitor visa extension application AFTER her permanent resident application has been submitted.

The CIC agent told me that she is NOT on implied status after submitting a PR application. He said that implied status only applies to work, study and visitor visa applications. OK, I kind of thought so. But then he seemed to say and a pre-recorded CIC message I had heard while waiting on the phone seemed to suggest that permanent resident applicants should also include an open work permit application WITH their PR applications. Furthermore the CIC agent seemed to suggest that an open work permit application would be looked upon more favourably by CIC than another visitor visa extension application. Then I go do some research about this open work permit and this is not our plan for my common law partner. She is not working, doesn't need to work and I want her to go to school to learn some french here in Montreal.

I think I'll just make a copy of the PR application and staple it the the visitor visa extension application and mail the whole thing in one envelope to Vegreville. Now that PR applications go to Mississauga I'm really afraid the left hand won't know what the right hand is doing and somehow with bad luck my common law partner's visitor's visa extension will be refused even after she has a PR application in the works. AND; we're not changing the application to open work permit for the simple reason that it doesn't apply to my partner's case.

Feel free to comment anyone ... I'm just letting off a bit of steam here.

 

[Spikey92]

I dont understand why you dont just send of a work permit application with your PR application? It really isnt a big deal. Easy to fill out,cost $150 ,thats it. But more importantly it gives your partner IMPLIED STATUS - and in the end a work permit. Even if she doesnt want to work as of right now that might change a few months down the road.

If you want her to go to school then she needs a study permit. However I dont know if you can just apply for a study permit with your PR like you would with a work permit. Im sure somebody here will be able to help you though.

 

[Laurier]

hi spikey,

I looked at the CIC website http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17 ... who can apply for an open work permit.
The person who will be applying for PR is my soon to be common law partner who will have been living with me for (1) year next month and who has been on visitor status for that entire period. I will be sponsoring her.
I'm having a lot of trouble seeing where in those conditions specified by CIC that my common law partner qualifies to apply for a work permit.
Could it be No. 5 which says "You have a temporary resident permit valid for at least six months."?

 

[Ponga]

I agree with Spikey92 (but will mention that the OWP is now $155).

Applying for a visa extension is an option, but what happens if her request is denied? She must leave Canada and that, in and of itself, would kill an Inland application.

Submitting an OWP with your Inland application would in fact give her the implied status without needing to worry. Unlike a visa extension, it does not need to be approved, because it's an automatic extension of her current status, of sorts. Once you have AIP (stage 1 approval, which is currently ~ 9 months away) they would then process her OWP application. She never has to work at all, but she would have maintained her status throughout.

There is no way to guarantee an approval of a visa extension request.

Good luck!

 

[little_apple]

You can apply for an Open Work Permit if you
- apply from within Canada AND
- stage 1 is approved

CIC will inform you when Stage 1 has been approved and your common-law spouse is eligible for an Open Work Permit

See here: http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html.

 

[Ponga]

You can apply for an Open Work Permit if you
- apply from within Canada AND
- stage 1 is approved

You can't include an Open Work Permit application anymore in your PR inland application. CIC will inform you when Stage 1 has been approved and your common-law spouse is eligible for an Open Work Permit

See here: http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html. You just get implied status if you are already on a work permit

That has not yet been confirmed by CIC. Please provide a link to the CIC website that corroborates this information.

 

[little_apple]

That has not yet been confirmed by CIC. Please provide a link to the CIC website that corroborates this information.

I changes my original post already ;-)

 

[Ponga]

The link that you provided is for an immigration newsletter, not associated with CIC (Citizenship and Immigration Canada).
However, it does indicate that an OWP can in fact be sent with the PR application:

Once the first stage of the application has been approved, the person being sponsored is eligible to apply for an Open Work Permit. An individual holding an Open Work Permit may work for any employer in Canada, or may be self-employed, while they wait to hear the results of their permanent residency application.

Typically, the immigration office will inform applicants when they are eligible to apply for open work permits. To reduce waiting time, a work permit application may be included with the initial permanent residency application.

The OP should write (in big letters across the top of the OWP):
OWP WITH IN-CANADA SPOUSAL SPONSORSHIP APPLICATION. PROCESS AFTER AIP

This way CIC knows that the applicant is not eligible for OWP until AIP. If the OWP is processed prior to that, it would in fact be denied as her approval is based upon AIP.

 

[little_apple]

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=172&t=17

"you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit."

 

[Ponga]

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=172&t=17

"you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit."

Yes, that is true...which is why the OP has to let them know NOT to process the OWP until the PR applicant reaches eligibility...which is AIP.

The act of submitting the OWP with the Inland PR is the real issue. That's what will give the implied status, provided her status does not expire before the application(s) are submitted. The processing of the OWP is what you're commenting on and you are absolutely correct about that part of the puzzle.

 

[little_apple]

Yes, that is true...which is why the OP has to let them know NOT to process the OWP until the PR applicant reaches eligibility...which is AIP.

The act of submitting the OWP with the Inland PR is the real issue. That's what will give the implied status, provided her status does not expire before the application(s) are submitted. The processing of the OWP is what you're commenting on and you are absolutely correct about that part of the puzzle.

Ok, thanks

 

[Laurier]

little apple and ponga , thank you for this discussion ... and the links.
Now if you will permit me, I'm going to ask a couple of stupid questions.

1) how does my partner apply for an open work permit? She will do exactly as Ponga has said to do:
write (in big letters across the top of the OWP): OWP WITH IN-CANADA SPOUSAL SPONSORSHIP APPLICATION. PROCESS AFTER AIP
BUT; what form does she use to apply for OWP?

2) Ponga, you mention applying for OWP will give her implied status. That sounds like it's too good to be true because she has always been on visitor status with me, 6 months at a time each time. Now if I understand this correctly she'll be on OWP implied status for 9 months or so until she hears back from stage 1 AIP , even though she never had a work permit to begin with?

3) what is a temporary resident permit? My partner has temporary resident status as a visitor , is this the same as temporary resident permit?

Thank you again guys (or girls)
I wish CIC were more clear with their rules
It's scary not knowing

Laurier

 

[Ponga]

little apple and ponga , thank you for this discussion ... and the links.
Now if you will permit me, I'm going to ask a couple of stupid questions.

1) how does my partner apply for an open work permit? She will do exactly as Ponga has said to do:
write (in big letters across the top of the OWP): OWP WITH IN-CANADA SPOUSAL SPONSORSHIP APPLICATION. PROCESS AFTER AIP
BUT; what form does she use to apply for OWP?

2) Ponga, you mention applying for OWP will give her implied status. That sounds like it's too good to be true because she has always been on visitor status with me, 6 months at a time each time. Now if I understand this correctly she'll be on OWP implied status for 9 months or so until she hears back from stage 1 AIP , even though she never had a work permit to begin with?

3) what is a temporary resident permit? My partner has temporary resident status as a visitor , is this the same as temporary resident permit?

Thank you again guys (or girls)
I wish CIC were more clear with their rules
It's scary not knowing

Laurier

1. The form to submit is IMM5710. The fee for the OWP is $155.
http://www.cic.gc.ca/english/information/applications/extend-worker.asp

2. Yes, UNLESS CIC has changed their policy regarding this when they changed the location of Inland applications on Jan 17, of this year. Even though the consensus here is that it's still allowed, you might want to call...just to make sure (and hope the call centre agent knows for sure).

3. Sorry, but I'm not certain.

 

[QuebecOkie]

There has been a lot of debate on this site about OWP applications with inland application and implied status, particularly in relation to the recent change of location (from Vegreville to Mississaugua) for processing inland applications. It is no longer clear if implied status is granted when an OWP app is sent with the PR application. I can't tell you one way or the other. I don't think anyone on this forum can, and CIC is not known for giving clear or reliable answers to even the simplest of questions. Personally, if it was my application and my situation, I wouldn't feel confident trusting that the OWP app would grant implied status. (Also, like your partner, I had no plan to work. I landed last October, and I'm *still* not working, as we live in a nearly totally French area, and learning French is my priority.) I would feel compelled to take concrete steps that I knew would keep my status current. From what I've read, visitor extensions are pretty routinely granted when requested for a person with an inland PR application (or even an outland app) in progress. I applied online for an extension of my visitor status while my inland PR app was being processed. I requested one year to carry me through the end of the process, and a one-year extension was granted. I think it was around $80, but I don't remember exactly.

Just FYI, since you mention French classes, after your partner receives AIP ("approval in principal," stage one approval), she will be eligible for free French classes through MICC. If you're interested, I can dig up some links to info and post them for you. I've been in full-time classes for about three and a half months, and I highly recommend them!

 

[Laurier]

wow, QuebecOkie, my partner would love you ... I'll check in with you for those links if all goes well.
I'm thinking now maybe I'll do everything
I'll do the PR application and the OWP which asks for evidence of the visitor status
I'll do the visitor visa extension application and attach a copy of the PR application
I'll cross my fingers and hope for the best
In the end it's God's plan that will determine our fate together