Applied for inland spousal PR, should we apply for OWP?

[lilbot91]

Hi everyone, I’m hoping to get some advice and opinions from the wonderful people on this forum. Currently my husband is working in Canada on a post-graduation work permit, which expires May 2017. We sent in our inland PR application in October 2015 and haven’t yet received AOR. At the time we were told by two different agents at CIC not to bother sending in the OWP application, as his work permit expires in 2017. However, we are getting very nervous about the possibility that the OWP pilot program will expire this month, and that my husband (who is the main breadwinner) will not receive AIP before his work permit expires in 2017, given the long processing times right now. Thus far, agents have advised that, if by May 2017 we still haven’t received AIP, we should just submit the OWP application a month before his work permit expires.

I called the CIC today, and the agent was very helpful and understanding. He suggested that for peace of mind, we should send in an OWP application so as not to “miss” the pilot program deadline IF it expires. He said that even if the program expires, they’ll process OWP applications sent in before Dec. 22nd. Another thing he mentioned is that my husband can hold a PGWP and an OWP at the same time...the OWP won’t cancel/replace the PGWP, and the OWP can be extended, while the PGWP cannot. So he would hold two work permits at the same time, and extend the OWP when that time comes.

I’m wondering what people think of this advice. I know May 2017 is a long way away, but my husband is the breadwinner and he just started a new dream job. We have so many worries...what if the OWP replaces the PGWP and expires earlier than the PGWP would have...what if the program expires and we come to regret not applying...we really aren’t sure what to do.

 

[Ponga]

Where is your husband from?

It's entirely possible that had he submitted an Outland application (which can be done, even if the applicant is in Canada), he would have completed the entire process by May 2017.

There's been no indication that CIC will discontinue what has proven to be a great program...not to mention a cash cow, of sorts, for them as well. I would imagine that the revolt of Canadian citizens sponsoring Inland partners, that need to work, would be heard from coast to coast, if they did!

If your husband is from a visa-exempt country, with a processing time that's 12-18 months, he really should consider withdrawing the inland application ASAP.
FWIW, the processing times posted on CIC's website are NOT very accurate. For example, most Americans complete the entire process in less than a year...which is not what CIC shows. This is because the application is processed in Ottawa, and only those with red flags, or `issues' are sent to the U.S. Visa Office.

 

[Ponga]

I should also mention that if he keeps the inland application and does apply for the OWP, the validity will be the same as his current passport.

 

[lilbot91]

Thanks for your thoughts...I definitely agree...my husband is from Malaysia, and currently applications for Malaysia are being processed out of Singapore. Last I checked the processing time for the Singapore office was 27 months, so it was roughly the same either way. Unfortunately Malaysia isn't a visa-exempt country.

I was surprised because when I spoke to both agents, they advised sending in the OWP application "a month or two" before his PGWP expires, not mentioning that it's a pilot program and that it might expire. I know it's wishful thinking but it gave me hope that the program will continue on.

 

[lilbot91]

I didn't know that...the agent over the phone said the duration of the OWP depends, it could be two years, it could be a year, it all depends. We were worried that they would give us an OWP that expires BEFORE his current post grad work permit, and then we'd be in an even more difficult situation (the anxiety from this process really has our imaginations running wild lol). His passport expires in 2020, he just got it renewed, so that would be great though.

 

[Ponga]

My mistake. The OWP will be valid up to 2 years, but would have expired sooner if the passport expired.

Since it takes ~ 4 months to get the OWP, if he decides to submit the OWP later on, he should submit it ~ 5 months before the PGWP expires.
He would NOT have implied status to continue to work if he doesn't receive it prior to the PGWP expiry date. PGWP and IEC work permits cannot be extended, which is a very gray area when it comes to implied status.

 

[lilbot91]

That's very good to know...thanks so much for your help. I really think we're going to apply for this OWP now. At this point we haven't even received AOR, and then after that, it'll be another 4 months for the OWP to be approved.

Would you happen to know if it's true that he can hold the PGWP AND the OWP at the same time, and both will be valid? The agent repeatedly assured me of this, that one doesn't replace the other, but when I looked online there was a lot of confusion.

 

[Ponga]

I honestly do not know.

Good luck!

 

[canuck_in_uk]

Thanks for your thoughts...I definitely agree...my husband is from Malaysia, and currently applications for Malaysia are being processed out of Singapore. Last I checked the processing time for the Singapore office was 27 months, so it was roughly the same either way. Unfortunately Malaysia isn't a visa-exempt country.

I was surprised because when I spoke to both agents, they advised sending in the OWP application "a month or two" before his PGWP expires, not mentioning that it's a pilot program and that it might expire. I know it's wishful thinking but it gave me hope that the program will continue on.

The processing times listed by CIC are not averages; they are the times it took to process 80% of applications. The actual average for Singapore is around 15-18 months.

Don't listen too much to the CIC call centre. They are not very well trained.

Would you happen to know if it's true that he can hold the PGWP AND the OWP at the same time, and both will be valid? The agent repeatedly assured me of this, that one doesn't replace the other, but when I looked online there was a lot of confusion.

Why do you care? Either way, he has a valid open work permit, so it really doesn't matter.

 

[lilbot91]

They've just announced they are renewing the program for another year!

Looks like this answers our question!!! Thank goodness!!

 

[Aquakitty]

They've just announced they are renewing the program for another year!

Looks like this answers our question!!! Thank goodness!!

You have a link to that?

 

[lilbot91]

When I try to post the link it says I can't share links, however if you go to the CIC website, under News and then Notices, it says "Notice – Update on work permits for spouses and common-law partners applying for permanent residence from within Canada."

 

[Aquakitty]

Nice, just came out today: http://www.cic.gc.ca/English/department/media/notices/2015-12-11.asp

I'll make a post on this.

I still don't know how you found that, I can't find a link to it anywhere on the CIC site. I had to google it.

 

[lilbot91]

I'm part of a Facebook group for inland applicants that has been really advocating for them to extend the program, and they posted right away.

 

[Aquakitty]

I'm part of a Facebook group for inland applicants that has been really advocating for them to extend the program, and they posted right away.

Can you imagine the nightmare this process would be without the internet? lol