Applied inland, didn't apply for OWP :(

[a_p]

Hi folks,.. well despite my best efforts to get my wife's PR figured out as quickly and efficiently as possible, I think I may have screwed the pooch on her ability to continue working.

I'm a Canadian citizen, and she is a U.S. citizen who's been working in Canada with 1 year work permits for the past 5 years. I submitted an inland sponsorship application for her in August to Vegreville, and I can't even pull up the profile on the CIC electronic system. From what I gather, they're just now starting to open packages from February 2010, so I THINK that's normal??

Real problem is, her current work permit expires in February 2011. Obviously she would like to continue working while this whole process continues. My question to you experts is, what's her best bet?

- can she apply for an OWP separately stating the receipt number from our sponsorship/PR application and take it to the border like she has in the past for regular work permits?

- does she just get another 1 year (or maybe 2 year?) contract from her employer, and get another permit at the border? Last year they already asked her why she hadn't applied for PR after so many years of individual work permits (slacker husband would've been the correct response, lol)

- something else?

Thank you all in advance!

 

[RobsLuv]

Because her status has not yet expired, you can still submit an extension application to CPC-Vegreville with the $150 fee for an open work permit - but you're going to have to take some extra steps to ensure that the ap gets "matched up" with her PR application.

First, write across the top of the Extension application: "OPEN WORK PERMIT APPLICATION - DO NOT PROCESS UNTIL FIRST STAGE APPROVAL". Include a cover letter explaining that you submitted an inland PR application in August 2010. Include all identifying information, yours and hers (especially her client ID#), and include a copy of the receipt for your PR application fees paid. Write on the outside of the mailing envelope - "URGENT: OWP Application to be matched with Inland PR application" and include her client ID# there as well. Track the mailing of the package and get delivery confirmation.

They are not going to begin assessment of her PR application for another 6 months or so, but having the extension application submitted that way, asking for the OWP and referencing the inland PR ap, will allow them to match the two so that they don't refuse the extension ap. Because the application will have been delivered to them before her current work permit expires, she has authorization to continue in Canada under the terms of her original permit - that means she can continue working. There is information in the IRPA Regulations that supports this, but I don't have my computer with me so I don't have my bookmarks. If you PM me and remind me, I can look that up for you later this evening and send you the link.

Best Regards,
RL

 

[a_p]

RobsLuv, thank you SO MUCH for that! I'll certainly do some digging in to this and avoid harassing you via PM

The only question I have about that is, so she applies for this open permit now, to be "attached" to the application which they won't even look at for a few months; got it. What about her OHIP card? It is set to expire in February as well. Her employer is willing to continue her employment while her sponsorship/PR application is being adjudicated, and would provide a letter stating the same... would that be sufficient?

Thanks,

 

[kiwikris]

Hi A_p,

Your wife can still work after her visa runs out as she will be on implied status but her OHIP card will expire and you will have to wait till she gets her OWP and AIP, eg they accept you as her sponsor, this includes having the medical done. If you have not had that done I say do it now and send it in and request that they attach it to her PR application. I just went through all of this, my work visa expired at the start of Sep and I received AIP and OWP end of October. Try as we might we were not able to get OHIP. We did apply to the General Manager to see if they would make an exception as at that time we did not know how long it would take for 1st stage approval. Once you fax them it takes 10-12 weeks for them to make a decision so if you want to try that start before her OHIP runs out.

Good luck and you will find a lot of this information on the Inlanders thread so come on over

 

[ditta]

I know Rubsluv is much more educated than me, although I`m in the same situation as your wife. I just got off the phone with the call centre and I asked about sending in the OWP request to be attached to my file. The agent said that previously you could do that, but as today it is more likely they will reject it. I applied inland in june, and for inland additional requests it takes about 2 months to be opened and attached. Basicly until then I wouldn`t know for sure whether they accept it and continue working for me just too risky this way. Does your wife`s job need an LMO?
My employer requested a new one for me 8 weeks ago and haven`t heard anything back yet. However she said there is a way to get an extention without a valid LMO. If she is in two weeks timeframe before her WP expires she can submit an extention request, with the LMO application, a job offer, and the other necessary documents attached. It will put her on implied status until the LMO comes back (hopefully positive) and CIC processes the extention.
I attach the information she sent me to my e-mail:


Sir, Madam,

Thank you for contacting the Call Centre. I am pleased to provide you with the requested information:


If a person is ready to submit a Work Permit application to the Case Processing Centre in Vegreville, Alberta, and is still waiting for a Labour Market Opinion (LMO) or Certificat d’acceptation du Québec (CAQ), they may submit the work permit application only within 2 weeks of the expiry of their status and include proof that the LMO/CAQ request was made. They must:



include a copy of the application sent to Human Resources and Skills Development Canada/Immigration Québec; or
include a copy of the receipt confirmation number, if the request was done online; or
indicate in section D of the Work Permit application:
the date the LMO/CAQ request was sent;
which office it was sent to;
the employer’s name; and
the confirmation number for the submission, if available.


According to this information I will apply for the extention rather than submit the OWP.
Robsluv correct me please, if I missed something or I got the wrong advice.

 

[a_p]

Hi folks thanks for the additional replies.

My wife is an architect, and does not require an LMO. Based on your most recent findings though, and in wanting to ensure there's no lapse in her OHIP, I believe we're going to be seeking an extension on her current permit versus an open one. I wonder if we can apply for a 2 year extension versus just 1? Any idea??

Also, she already did her medicals, x-rays, etc... I believe the doctor sent those in directly, and we just sent along the receipts for proof of medical exam. It's been a few months but I'm pretty sure that's how it was.

I'll surely wander over to the inlanders thread... looks like there's even more reading to be done!

Thanks,