Application for OWP and sponsorship while out of status.

[Ksyu101]

Hello and I apologize for the long post.

I filed an application to sponsor my wife and an application for an open work permit in mid November 2015.

She was originally on a tourist visa which we tried to extend but it was refused. A month after refusal we submitted the application for sponsorship and OWP. Our immigration consultant told us that we did not have to restore her status prior to submitting the application so we took her word for it and applied. Almost 5 Months after no word with regards to our application we called CIC ourselves and found out she is not eligible for an owp.

Unhappy with our lawyer, we contacted other immigration consultants for a second opinion. One of them stated that there may be a chance that both applications can be refused and she would have to leave. Another stated that there have been cases that both applications were approved where the sponsored person was out of status.

My questions are:

1. What is possibility of my wife having to leave the country and having her sponsorship refused?

2. Have there been cases where the applicant was out of status and still recieved an OWP?

Sorry for the long post. Its just has been a frustrating time and im just in need of some clarity so we could plan out next course of action.

FYI

I'm a Canadian citizen and my wife is South Korean.

Thank you

 

[scylla]

Please post any further questions to the Family Sponsorship section of the forum.

1. She shouldn't have to leave Canada and being out of status shouldn't be grounds for refusal.
2. Since she was out of status when you applied, she can't benefit from the OWP pilot which would have granted her an OWP approximately four months after your application was received. Instead, she will have to wait the 16-17 months for AIP before she will qualify for an OWP.

Your original lawyer is an idiot.

 

[malek777]

My lawyer made the same mistake. I'm the sponsored one and he said I would get the owp in 6 months. When I applied I was out of status . its been been 8 months and obviously we havent heard anything.
I guess the only good part about applying with the PR application is when you get the first approval you don't have to waste time sending an owp application.