Expired Vistor Visa, Inland App on Stage 2 - Can I Apply for Open Work Permit?

[Zoidberg]

My wife is applying for PR, inland spousal class. I am a Canadian citizen. We made a huge mistake and didn't extend her visitor visa, it has expired 6 months ago. But the PR application has just recently moved to stage 2 and they have requested medicals from her.

Can she apply for an Open Work Permit?

From what I have been reading it looks like we can. But when i try to do it online, it says we are not admissible because of the expired visa.

However, on the cic page

it says

"Your spouse or common-law partner can apply for a work permit from inside Canada if:

they have a temporary resident permit that is valid for six months or more; OR
they are in Canada because they have already applied for permanent residence from inside Canada AND they have passed certain stages in the main application process; "

Which seems to imply a valid visa isn't necessary.

However, i cant find any forms that I can fill in for an "open work permit" that include an option for people in our situation. If we can apply, can someone point me to the correct form?

 

[hockeyfan]

My wife is applying for PR, inland spousal class. I am a Canadian citizen. We made a huge mistake and didn't extend her visitor visa, it has expired 6 months ago. But the PR application has just recently moved to stage 2 and they have requested medicals from her.

Can she apply for an Open Work Permit?

From what I have been reading it looks like we can. But when i try to do it online, it says we are not admissible because of the expired visa.

However, on the cic page

it says

Which seems to imply a valid visa isn't necessary.

However, i cant find any forms that I can fill in for an "open work permit" that include an option for people in our situation. If we can apply, can someone point me to the correct form?

Hi Zoid,

Yeah, you are able to apply for an open work permit and you should do this immediately. It' the application to extend, change conditions as a worker in Canada or something like that. I don't have a link but it's on CIC's website somewhere. Because you applied inland, it is not necessary to have valid status as long as you and your sponsor qualify for PR for everything else. Applying for an open work permit will renew and give your spouse valid status in Canada. I would renew this as soon as possible as CIC can still kick your spouse out of the country as he / she does not have valid status, but is unlikely because you have passed Stage 1.

All the best,

 

[charliem]

The application form for an Open Work Permit is meant to have one move from the active status of 'visitor' to 'worker', not from implied status to worker.
I suppose that's why online platform is showing 'inadmissible'

 

[Zoidberg]

Ok thanks or your reply. I think i found the form (IMM5710) but it has the question:

I am applying one or more of the following:

• A work permit with the same employer
  A work permit with a new employer
  Restoration of temporary resident status as a worker
  Initial temporary permit or extension of temporary resident permit

So I choose "Restoration of temporary resident status as a worker"?

 

[hockeyfan]

Ok thanks or your reply. I think i found the form (IMM5710) but it has the question:

I am applying one or more of the following:

• A work permit with the same employer
  A work permit with a new employer
  Restoration of temporary resident status as a worker
  Initial temporary permit or extension of temporary resident permit

So I choose "Restoration of temporary resident status as a worker"?

Hmm I think you are past the point where you can restore your status because it's been more than 90 days. I would chose "a work permit with a new employer and initial temporary permit or extension of temporary resident permit." Be sure to include your AIP so they can make sure you qualify for an open work permit.

 

[jenny12345]

Choose "a work permit with a new employer" and leave blank or put n/a on questions like who the employer is , Use paper application and make sure she doesn't leave Canada till her inland application is completed.

 

[hockeyfan]

Choose "a work permit with a new employer" and leave blank or put n/a on questions like who the employer is , Use paper application and make sure she doesn't leave Canada till her inland application is completed.

This makes sense to me, so I would follow this advice.