Applying for OWP at Border - Temporary Resident with Family Class

[rebeccab]

Hello!

I am in a somewhat unique situation and having a difficult time finding information specific to me. Would be very grateful for some advice.

- I am a US citizen and for the past 2 years I have lived in Canada and have been a temporary worker under a employer-specific work permit in Canada.
- I married a Canadian citizen summer of last year and am applying for Permanent Residency under family class as well as an Open Work Permit. We own property and live together in Canada. My application has not yet been submitted.
- Last month I was laid off from my job due to operational cuts. I was granted and have been receiving EI and it is my understanding that I am allowed to stay in Canada as long as I do not study or work until I have a new work permit. Please confirm if you know this to be true.

My issue is that it seems that it can take upwards of 4 months to be granted an OWP and in that time I cannot work or help pay our mortgage. This could potentially put my EI at risk because I'm not eligible to work during that time.

Question - I live next to a border crossing and am wondering if it might be faster to just go to the border and apply in person. My concerns are that if the immigration officer determines that I'm no longer with the company on my work permit, they may deem me ineligible to be in Canada, kick me out of the country, and invalidate my inbound PR and OWP application.

Please help!!

 

[canuck_in_uk]

Hello!

I am in a somewhat unique situation and having a difficult time finding information specific to me. Would be very grateful for some advice.

- I am a US citizen and for the past 2 years I have lived in Canada and have been a temporary worker under a employer-specific work permit in Canada.
- I married a Canadian citizen summer of last year and am applying for Permanent Residency under family class as well as an Open Work Permit. We own property and live together in Canada. My application has not yet been submitted.
- Last month I was laid off from my job due to operational cuts. I was granted and have been receiving EI and it is my understanding that I am allowed to stay in Canada as long as I do not study or work until I have a new work permit. Please confirm if you know this to be true.

My issue is that it seems that it can take upwards of 4 months to be granted an OWP and in that time I cannot work or help pay our mortgage. This could potentially put my EI at risk because I'm not eligible to work during that time.

Question - I live next to a border crossing and am wondering if it might be faster to just go to the border and apply in person. My concerns are that if the immigration officer determines that I'm no longer with the company on my work permit, they may deem me ineligible to be in Canada, kick me out of the country, and invalidate my inbound PR and OWP application.

Please help!!

Hi

Yes, you can remain in Canada while your current work permit is valid.

As you hold a closed work permit, you shouldn't have been able to get EI in the first place. Since you are already receiving it, you probably won't have any issues continuing to receive it while your current work permit is valid.

No, you can't go to the border. The OWP issued for inland applicants is a different kind of permit and not one that CBSA can issue.

As an American, you should look at the Ottawa thread for outland timelines. Apps can be done is as little as 4 months.

 

[Copingwithlife]

You shouldn’t have qualified for EI benefits. One of the conditions of EI is actively looking for work , and you declare that every week when you do your reports . Your visa was employer specific .By saying you are actively looking for work when you aren’t due to not holding a valid work visa that’s misrepresentation. Bewarned ,ESDC actively reviews all benefit claims , even years into the future for past claims , to ensure everyone was compliant in receiving these benefits. If contacted, the individual must prove they were eligible, if they are unable to prove this , repayment is required , plus interest, it can also effect any future EI claims