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Advise on applying for an open work permit

anthonygum

Full Member
Dec 8, 2016
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124
Alberta, Canada
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Pre-Assessed..
Hi there,

Im a British Citizen and my common-law partner is a Canadian Citizen. We submitted a spousal sponsorship (in land) and it was received on October 6th 2016, and they started processing my application on November 8th 2016.

I came to Canada August 2014 to August 2015 on a temporary foreign worker visa, i have been here before and after those dates on visitor visas.

I last came into Canada on 18th May 2016 and i got a 6 month visitor visa, so that runs out on November 18th 2016, so i currently have no status in Canada.

When i was doing my application i got advise from a immigration lawyer, she advised me to submit my sponsorship application, wait till i get a AOR number and then submit an open work application as this would mean faster processing times, she said i should get an AOR within 2months, the only thing i got was a Application No. (i recently ask a question about that on this forum and people didn't agree on that)

So im now on day 72 of 90 as where i can apply for restoration of status and im starting to panic. i was going to just apply for restoration of my visitor visa but it cost $200 and then id have to apply for an open work permit after. So i was leaving it until the last minute to see if i get the AOR to apply for restoration of status and an open work permit at the same time, but i cant figure out how to do this online, i go threw the questionnaire on CIC but i don't get the option i want.

Should i apply for an open work permit and restoration of status at the same time?
Should i apply for an open work permit by post? Is there a way to do this online?
Should i do this right away or still wait for an AOR number taking into account the information below?


I found this information online, anyone heard of this and does it apply to me?
"In-land Spousal Sponsorship

Although the IRPR currently requires applicants in the spousal sponsorship category to have temporary legal status in Canada, special policy allows for a waiver of this requirement where the applicant’s only inadmissiability is for “lack of status”. Thus, where an individual has run out of status in Canada, has a spouse or common law partner who is a Canadian citizen or permanent resident and is inadmissiable for no other reason than lack of status, an in-land spousal sponsorship application could be a means to remain in Canada permanently. While there are a number of factors that are considered in the processing of spousal sponsorship applications, it is crucial that the applicant pass both medical and criminal screening and that the sponsor is able to financially support the applicant."
Source https://www.rogersonlaw.com/remaining-in-canada-after-your-canadian-visa-expires/
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
AOR doesn't put you back in status. Since you're out of status, you'll have to wait until you have AIP before you can apply for an open work permit and be back in status. That may be quite a long wait.

Sounds like your lawyer may not be giving you the best advice.

I would definitely apply to restore your status.
 

anthonygum

Full Member
Dec 8, 2016
25
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124
Alberta, Canada
Job Offer........
Pre-Assessed..
scylla said:
AOR doesn't put you back in status. Since you're out of status, you'll have to wait until you have AIP before you can apply for an open work permit and be back in status. That may be quite a long wait.

Sounds like your lawyer may not be giving you the best advice.

I would definitely apply to restore your status.
I know that the AOR doesn't restore my status, the immigration lawyer said to wait for the AOR then include that number on my OWP and that would make things faster. i wish i sent it all at the same time now :(.

Should i apply to restore my status and apply for an OWP at the same time?
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Did your application reach CIC before your stay expired in November? If so, then you should have included an OWP with the original application. You would then have status in Canada and would have been issued the OWP about four months after submitting the application. If that's not what your lawyer advised you to do - get rid of the lawyer immediately.

The OWP won't be processed faster because you have AOR.

You need to restore your status first. Once you are back in status, you can apply for the OWP.

Being from the UK, you would have probably been better off applying outland. But what's done is done.
 

anthonygum

Full Member
Dec 8, 2016
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124
Alberta, Canada
Job Offer........
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Can i not apply for both at the same time? If i tick both boxes?


https://s29.postimg.org/laerjv3af/OWP.png

I don't use the lawyer anymore, i wish i came to this forum before i submitted my application.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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London
App. Filed.......
06/12
Yes, you can apply for Restoration and the OWP at the same time. There have been others in your situation who have been successful in doing that.
 

anthonygum

Full Member
Dec 8, 2016
25
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124
Alberta, Canada
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Okay ill do that right away.

Any advise how best to go about this? I have a cic account but i haven't been able to link my sponsor application and im not sure if im able to, but when i do the questionnaire it tell me to apply for spousal sponsorship.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
anthonygum said:
Okay ill do that right away.

Any advise how best to go about this? I have a cic account but i haven't been able to link my sponsor application and im not sure if im able to, but when i do the questionnaire it tell me to apply for spousal sponsorship.
You will need to submit a paper application.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
anthonygum said:
When i was doing my application i got advise from a immigration lawyer, she advised me to submit my sponsorship application, wait till i get a AOR number and then submit an open work application as this would mean faster processing times,
I need to say also, this lawyer is a complete idiot. You are supposed to submit the OWP along with the inland PR app, in all cases. This ensures you stay in legal status from the date CIC receives your application.

I hope you didn't pay a penny to that lawyer, and if you did you should demand your money back for their incompetence.
 

anthonygum

Full Member
Dec 8, 2016
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Alberta, Canada
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On the 'check if im eligible to apply online' questionnaire it asks;

"I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
Spouse or Common-law Partner in Canada"

I clicked yes and i managed to get the the end, i also told them my visitor visa ran out. It allows me to submit it all in one go.


https://s28.postimg.org/x1ddfcral/Untitled.png

But i checked my application online and it says the sponsorship application status is "in process"
and my Permanent residence application status is "application received"

Im guessing i haven't got the first stage approval yet? could i still submit under this?
 

anthonygum

Full Member
Dec 8, 2016
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Alberta, Canada
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Rob_TO said:
I need to say also, this lawyer is a complete idiot. You are supposed to submit the OWP along with the inland PR app, in all cases. This ensures you stay in legal status from the date CIC receives your application.

I hope you didn't pay a penny to that lawyer, and if you did you should demand your money back for their incompetence.
:'(
 

canuck_in_uk

VIP Member
May 4, 2012
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App. Filed.......
06/12
anthonygum said:
Im guessing i haven't got the first stage approval yet? could i still submit under this?
No, you have gotten first stage approval yet. No, you can't submit it under that because you lied.

You don't qualify to apply online and must apply by paper.
 

anthonygum

Full Member
Dec 8, 2016
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Alberta, Canada
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canuck_in_uk said:
No, you have gotten first stage approval yet. No, you can't submit it under that because you lied.

You don't qualify to apply online and must apply by paper.
Would it be better to apply to restore my status as a visitor online, then wait till i've gotten first stage approval to apply my open work permit online? or do it altogether on paper now?
 

canuck_in_uk

VIP Member
May 4, 2012
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London
App. Filed.......
06/12
anthonygum said:
Would it be better to apply to restore my status as a visitor online, then wait till i've gotten first stage approval to apply my open work permit online? or do it altogether on paper now?
You would just be adding extra processing time by doing it separately.