Common law bridging - missing document

[justpeachy]

Hi all,

I have an urgent question about BOWP paper route application. My partner and I have applied for Common law PR and sent off our bridging visa application via paper route before our visa ran out in March. However, it has come to my attention that I was supposed to submit two IMM5710 forms (one for each of us) but we only submitted one as we believed that his name being on my IMM5710 as common law partner would be sufficient. All other forms and paper work are included, both fees were paid and I submitted a cover letter stating that we are both applying for bridging. Has this happened to anyone else? Will they outright decline his application or will they contact us and request for us to send the missing form?

I'm panicking now that they will just take it as fact that he didn't actually apply at all and so his implied status will be revoked...

Any help is seriously appreciated, thank you!

 

[jes_ON]

I have an urgent question about BOWP paper route application. My partner and I have applied for Common law PR and sent off our bridging visa application via paper route before our visa ran out in March. However, it has come to my attention that I was supposed to submit two IMM5710 forms (one for each of us) but we only submitted one as we believed that his name being on my IMM5710 as common law partner would be sufficient. All other forms and paper work are included, both fees were paid and I submitted a cover letter stating that we are both applying for bridging. Has this happened to anyone else? Will they outright decline his application or will they contact us and request for us to send the missing form?

I'm panicking now that they will just take it as fact that he didn't actually apply at all and so his implied status will be revoked...

Oh dear... First, which one of you is the Principal Applicant? I'm going to assume you are, but if he is, the situation is much worse...

More than likely, the lack of an application form for your spouse will mean that he has not applied at all; at best it will be considered incomplete, with the same result - he has not been on implied status since the expiry of his permit.

Note than only the principal applicant is eligible for a BOWP, your spouse would be eligible for a spouse open work permit based on your obtaining a BOWP (but you can apply simultaneously).

Which means that if/when your spouse's application is rejected as incomplete, all is not lost - it is true that he would lose implied status (retroactively), and would have to stop working immediately upon notification. But all is not lost, he would still be able to apply for restoration+apply for a new open work permit (assuming your BOWP is approved).

One thing you could try (with no guarantees) is to submit a case-specific inquiry (using the IRCC Webform) about your temporary residence application. I would submit a letter of explanation about the error along with a completed IMM5710 for your partner. If you submit it in time, there's a good chance that they will consider it.

https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

 

[justpeachy]

Thank you very much for this answer. I am the principal applicant on PR (which was fully submitted 2 months ago today) so all is not lost there. They are currently working on Dec 28 BOWP paper route applications and we only submitted in March. It seems as if they have not opened the file yet either as I am unable to link my paper app to my online account.

My main question is if you have ever heard of this happening to someone before? And if I do submit a case specific query, should I submit the IMM5710 or should I be submitting a spouse open work permit app? or is there such a form? I've also heard that if I get approved and him denied BOWP I can bring him to the border with me and he can apply there on my approved BOWP? Is this true?

My god, what a mess.

Thanks again for the help.

 

[jes_ON]

My main question is if you have ever heard of this happening to someone before?

LOL, in my 5+ years here, I have never heard about anyone thinking that one application form covered two people, but I am sure it has happened. : )

And if I do submit a case specific query, should I submit the IMM5710 or should I be submitting a spouse open work permit app? or is there such a form?

IMM5710 is not specific to the BOWP, it is for anyone who currently holds resident status in Canada and wants to extend or change to a worker. I assume your spouse currently either has a work permit or visitor permit, so this is the appropriate form.

I've also heard that if I get approved and him denied BOWP I can bring him to the border with me and he can apply there on my approved BOWP? Is this true?

Depends - if he is from a visa-exempt country, then he can get the permit at a port of entry (the border). He will need proof of your BOWP and your PR application in the CEC class...