Common-law PR application returned - Employment /Source of support documents not provided

[Mudkip]

Hi all,

I hope everyone is well and having a good day so far

I am UK citizen who lives here in Vancouver with my common law partner (also from the UK , now a PR of Canada.

I am hoping someone may able to give me some advice on what options I have left, if any, after receiving my common law PR application back in the post yesterday. The letter said that the sponsor needs to provide the following documents NOA (including line 150) and proof of income statement. We thought we had provided what they requested but this seems not to be the case, although the documents that we sent in did have the total income 0 line 150 section that they required. We also sent in bank statements and letters from our employers etc.

This is the background to the situation.

I applied for Common law PR in November when I had 4 months left on my working holiday visa

I applied for a OWP shortly after I applied for my PR , thinking I would be easily able to link the two together online when I received my PR AOR

My working holiday visa expired on the 14th of February. I was previously told and also read that I would be under an implied status and would be able to keep working until hearing back regarding the PR application and OWP application. This was backed up when I read a page on the CIC website that said a person could keep working until a decision on their application was made.

After reading various threads in the past day I now believe this was incorrect and that I have been working Illegally for the past week as it seems that I was not entitled to apply for an OWP. I have now stopped working

What is my best next step? Am I now officially out of status and will I need to apply for a visitor visa ?

Thank you in advance for any insights or advice anyone can provide

Best regards,

Joe

 

[kcward7]

Hi all,

I hope everyone is well and having a good day so far

I am UK citizen who lives here in Vancouver with my common law partner (also from the UK , now a PR of Canada.

I am hoping someone may able to give me some advice on what options I have left, if any, after receiving my common law PR application back in the post yesterday. The letter said that the sponsor needs to provide the following documents NOA (including line 150) and proof of income statement. We thought we had provided what they requested but this seems not to be the case, although the documents that we sent in did have the total income 0 line 150 section that they required. We also sent in bank statements and letters from our employers etc.

This is the background to the situation.

I applied for Common law PR in November when I had 4 months left on my working holiday visa

I applied for a OWP shortly after I applied for my PR , thinking I would be easily able to link the two together online when I received my PR AOR

My working holiday visa expired on the 14th of February. I was previously told and also read that I would be under an implied status and would be able to keep working until hearing back regarding the PR application and OWP application. This was backed up when I read a page on the CIC website that said a person could keep working until a decision on their application was made.

After reading various threads in the past day I now believe this was incorrect and that I have been working Illegally for the past week as it seems that I was not entitled to apply for an OWP. I have now stopped working

What is my best next step? Am I now officially out of status and will I need to apply for a visitor visa ?

Thank you in advance for any insights or advice anyone can provide

Best regards,

Joe

You were right to stop working. The OWP app gives you implied status. If it's returned for any reason you'll be out of status.

 

[Mudkip]

My assumption is the OWP will be returned as I was not entitled to apply for it - Will I, at that point be out of status and will I then need to apply to remain as a visitor ?

Thanks in advance ?

 

[kcward7]

My assumption is the OWP will be returned as I was not entitled to apply for it - Will I, at that point be out of status and will I then need to apply to remain as a visitor ?

Thanks in advance ?

Not sure why you think you're not eligible for the OWP. As long as you did the application correctly and paid the right fees you should be fine. You can always extend status as a visitor to be safe.

 

[Mudkip]

Not sure why you think you're not eligible for the OWP. As long as you did the application correctly and paid the right fees you should be fine. You can always extend status as a visitor to be safe.

I am unsure I will get the OWP as my 2yr working holiday IEC visa is not something that can be extended. As I recently,to my horror,found out by reading these forums

Thanks for your reply

 

[kcward7]

I am unsure I will get the OWP as my 2yr working holiday IEC visa is not something that can be extended. As I recently,to my horror,found out by reading these forums

Thanks for your reply

OWP is completely separate as part of the inland app. You're not extending the IEC. You're worrying for nothing.

 

[Mudkip]

OWP is completely separate as part of the inland app. You're not extending the IEC. You're worrying for nothing.

Okay thanks for that - I will cease my worrying and wait for the OWP to be granted.

As i precaution I will apply for visitor status in case of not getting the OWP

What are the consequences of exceeding the date of expiry on my work visa by a week ? If anyone could shed any light on this it would be much appreciated

 

[Mudkip]

Just a quick follow up question

Since I applied inland for a common law PR and also later submitted a OWP application , could I have continued working until receiving a decision ? Or was it correct to leave work for now

 

[kcward7]

Just a quick follow up question

Since I applied inland for a common law PR and also later submitted a OWP application , could I have continued working until receiving a decision ? Or was it correct to leave work for now

This is an increasingly gray area that causes a lot of discord. Up until very recently the general (ish) consensus was that you had to stop working, as you did. I have tweets from the IEC account specifically saying this. In the last few weeks there have been some casual but not formal comments about applicants being allowed to continue working until a decision is made in the IEC/inland OWP situation. I'm in a number of other groups for helping with these apps and some fellow admins have asked the question to IRCC and getting answers that even further the confusion. They really, really need to clarify this once and for all because it's vague and causes controversy.

Until IRCC actually comes out and clarifies this properly instead of the spotty and unreliable information out there I will continue to be of the mind to stop working.

 

[Mudkip]

Thanks for your reply kcward7

Yeah, it can all get a bit confusing when there is so much conflicting info out there.

I don't suppose I could ask that you please provide some links to a few of the similar discussions you are part of. This may be able to give me a better overall picture of what people are doing in these situations.

Thanks in advance for all the help !

 

[Greg_Di]

This is an increasingly gray area that causes a lot of discord. Up until very recently the general (ish) consensus was that you had to stop working, as you did. I have tweets from the IEC account specifically saying this. In the last few weeks there have been some casual but not formal comments about applicants being allowed to continue working until a decision is made in the IEC/inland OWP situation. I'm in a number of other groups for helping with these apps and some fellow admins have asked the question to IRCC and getting answers that even further the confusion. They really, really need to clarify this once and for all because it's vague and causes controversy.

Until IRCC actually comes out and clarifies this properly instead of the spotty and unreliable information out there I will continue to be of the mind to stop working.

Would you be able to provide some links as to the comments saying applicants being allowed to continue to work until decision? My Common Law Partner is in a similar situation where her IEC will expire in May. We have submitted PR with OWP and received AOR today but I know the OWP might not come in time for when the IEC expires. Would be good information to have

 

[Mudkip]

Also, I was wondering - When CIC returns an application due to missing documents etc. have they only checked the application up until the point of discovering the 1st mistake/s or do they completely check through the application and then return it to the applicant with a request to rectify ?

It seems to me to be the latter as I have seen people post returned document checklists on this forum that had various missing docs/requirements highlighted by the examiner , which to me would indicate the examiner completely checked through the application in its entirety before writing back to the applicant

Please could someone advise if this assumption is correct

Thanks in advance

Mudkip

 

[kcward7]

Would you be able to provide some links as to the comments saying applicants being allowed to continue to work until decision? My Common Law Partner is in a similar situation where her IEC will expire in May. We have submitted PR with OWP and received AOR today but I know the OWP might not come in time for when the IEC expires. Would be good information to have

There is no links. This is just inconsistent communication from IRCC that continues to contradict itself. There has been no formal confirmation one way or another. As I said above to the other poster, your partner should stop working once IEC expires until OWP is granted.

 

[kcward7]

Also, I was wondering - When CIC returns an application due to missing documents etc. have they only checked the application up until the point of discovering the 1st mistake/s or do they completely check through the application and then return it to the applicant with a request to rectify ?

It seems to me to be the latter as I have seen people post returned document checklists on this forum that had various missing docs/requirements highlighted by the examiner , which to me would indicate the examiner completely checked through the application in its entirety before writing back to the applicant

Please could someone advise if this assumption is correct

Thanks in advance

Mudkip

No, not correct. It depends on the officer, sometimes they pick through the whole app, sometimes they return it at sight of the first error, so don't assume.