Given the news about the 2 OWP being refused recently, I have some questions about my status

[HTS_QC]

I submitted a spousal sponsorship app outland and entered Canada as a visitor. I have subsequently applied for OWP. There will be a few weeks where I will be on maintained status before receiving OWP.

However, given the recent bad news from 2 OWP applicants, I have some questions:

1. If I get OWP refused, am I out of status from the day my maintained status started or from the moment OWP letter of rejection is received?
2. Should that happen, can I remain in Canada legally as long as I apply for visitor status restoration within 90 days of loss of status?
3. Also, can I remain in Canada legally while I appeal against the OWP rejection? What would be my status?
4. Would being out of status have any negative impact on my PR application?

I am trying to gauge whether it's worth the risk of staying in Canada waiting for my OWP, or I am better to just leave before my status expires. If going out of status would seriously compromise the PR application, then I will just leave and wait 2-3 years before settling in Quebec.

@armoured @canuck78 @ERCAN, I would like to have your thoughts on this.
Also, @ERCAN were you required to add CSQ to OWP submission as part of the checklist? Did you add any proof that you and PA all live at same address in Canada?

 

[armoured]

I have no idea, but I'd suggest the simple answer is to apply to extend your TRV stay using the usual process:
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

That way you definitely won't be out of status.

Of course, if others have better advice, I'll defer.

 

[HTS_QC]

I have no idea, but I'd suggest the simple answer is to apply to extend your TRV stay using the usual process

Thanks, do you know what is the current timeline to get a response/approval on TRV extension? Is it mandatory to apply 30 days before my current status expire or can I apply 1 week before?

 

[Badge1]

Thanks, do you know what is the current timeline to get a response/approval on TRV extension? Is it mandatory to apply 30 days before my current status expire or can I apply 1 week before?

You can even apply or submit fully completed application even hour before your current status expires.

I was able to submit my previous TRV extension 1 hour before my status expired in March 2023. Got the approval 30 days after and was given a another full year of status.

Just follow the Eastern Standard Time.

 

[ERCAN]

I submitted a spousal sponsorship app outland and entered Canada as a visitor. I have subsequently applied for OWP. There will be a few weeks where I will be on maintained status before receiving OWP.

However, given the recent bad news from 2 OWP applicants, I have some questions:

1. If I get OWP refused, am I out of status from the day my maintained status started or from the moment OWP letter of rejection is received?
2. Should that happen, can I remain in Canada legally as long as I apply for visitor status restoration within 90 days of loss of status?
3. Also, can I remain in Canada legally while I appeal against the OWP rejection? What would be my status?
4. Would being out of status have any negative impact on my PR application?

I am trying to gauge whether it's worth the risk of staying in Canada waiting for my OWP, or I am better to just leave before my status expires. If going out of status would seriously compromise the PR application, then I will just leave and wait 2-3 years before settling in Quebec.

@armoured @canuck78 @ERCAN, I would like to have your thoughts on this.
Also, @ERCAN were you required to add CSQ to OWP submission as part of the checklist? Did you add any proof that you and PA all live at same address in Canada?

First of all, let’s not panic . In both cases I see a potential explanation: in the first case, the applicant is waiting the virtual landing so he seems to have a decision made on his file. This might be the reason - you are either PR or foreign worker; can’t be both. it’s a speculation on my part, but I think this is the reason. Similarly there was a case of trv refusal followed by ppr. In the second instance, it seems that the application was made using wrong options for the grounds of eligibility. Unfortunately, both applicants didn’t answer my questions.

Regarding your questions
1. You’re out of status starting the date the decision is made. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html
2. You are eligible for status restoration and that’s what you have to do should you be refused
3. no idea
4. I think not. There are many people out of status applying for permanent residence. But I wouldn’t risk it.

As of my case, we didn’t apply as we are not in Canada yet

 

[HTS_QC]

I have seen more people getting OWP rejected due to having submitted outland application.

If I send a webform to explain that I applied for owp under new policy announced by Fraser etc, will officer read this on time before making decision to reject? I have submitted mid Sept.

Does anyone have a template or suggestions on what to write? Should I mention that I am aware of cases/people who got rejection due to outland application and highlight the incongruity?

 

[ERCAN]

I have seen more people getting OWP rejected due to having submitted outland application.

If I send a webform to explain that I applied for owp under new policy announced by Fraser etc, will officer read this on time before making decision to reject? I have submitted mid Sept.

Does anyone have a template or suggestions on what to write? Should I mention that I am aware of cases/people who got rejection due to outland application and highlight the incongruity?

You can always try. But so far both cases here can be explained. Those occurrences you are talking about - look for insights. Clearly, the policy is there, published and well outlined, there is no doubt it applies for both inland and outland. I refuse to believe that it's a simple negligence or malice.

 

[ERCAN]

I started a thread to gather information about who was successful but unfortunately people are less susceptible to go to forum and report positive cases, more often they are here to seek help or complain.
On the other hand, given the timeframe of the new policy and the processing time of the OWP there maybe too small number of processed cases.

 

[HTS_QC]

I started a thread to gather information about who was successful but unfortunately people are less susceptible to go to forum and report positive cases, more often they are here to seek help or complain.
On the other hand, given the timeframe of the new policy and the processing time of the OWP there maybe too small number of processed cases.

Can you paste the link to that thread, I can't find it and I can't see your posting activity in your profile as it is private. Thanks

 

[Lili611]

I can't answer your questions. However, my uncle submitted his OWP in May 2023 and still no answer. I sent a webform and the IRCC said it's still processing. But their main priority is not Spousal OWP, they focus on pgwp work permit, wp extension and changing to wp from visitor.

 

[ERCAN]

Can you paste the link to that thread, I can't find it and I can't see your posting activity in your profile as it is private. Thanks

Yeah, but there are no replies
https://www.canadavisa.com/canada-immigration-discussion-board/threads/anyone-got-owp-under-new-reunification-program-for-outland-applicants.825094/

 

[HTS_QC]

I can't answer your questions. However, my uncle submitted his OWP in May 2023 and still no answer. I sent a webform and the IRCC said it's still processing. But their main priority is not Spousal OWP, they focus on pgwp work permit, wp extension and changing to wp from visitor.

How long did it take for them to reply to your webform?

 

[Kananaskis]

By my previous experience and also seeing on their website, OWP Inland can take up to 6 months to get an answer either way, regardless if it is based on spousal application, extension or first time.

I think that a lot of people are getting it rejected recently because of what Ercan said as well. There are a few criterias people miss out, or they are close to PPR and it just doesn't make sense to approve one and right after the other.

If you want to renew your status, you can do so up to the day it expires, and if you did lose it, you have up to 90 days to ask for a restoration of status or leave the country before you are considered "overstayed".

Altough I suggest you doing before losing cause the process it smoother.

Also just a quick mention, applying for an OWP or having one does not grant you status to stay in the country. Your timeline is your TRV or Work Visa/Student Visa. If you appeal the rejection, that also does not grant you status. You can go to a judicial review and ask for a deferral in your date to leave the country, but that is almost certainly denied unless you have really good reasons to prove you need to stay in the country while waiting for the appeal to go through. But that's the very expensive route.

 

[ERCAN]

By my previous experience and also seeing on their website, OWP Inland can take up to 6 months to get an answer either way, regardless if it is based on spousal application, extension or first time.

I think that a lot of people are getting it rejected recently because of what Ercan said as well. There are a few criterias people miss out, or they are close to PPR and it just doesn't make sense to approve one and right after the other.

If you want to renew your status, you can do so up to the day it expires, and if you did lose it, you have up to 90 days to ask for a restoration of status or leave the country before you are considered "overstayed".

Altough I suggest you doing before losing cause the process it smoother.

Also just a quick mention, applying for an OWP or having one does not grant you status to stay in the country. Your timeline is your TRV or Work Visa/Student Visa. If you appeal the rejection, that also does not grant you status. You can go to a judicial review and ask for a deferral in your date to leave the country, but that is almost certainly denied unless you have really good reasons to prove you need to stay in the country while waiting for the appeal to go through. But that's the very expensive route.

I would agree on most things except trv vs owp. Trv is just an entry document. Owp on the other hand gives you the status. Even if your trv expired you are OK as long as you either have or applied for work permit. On the other hand, having owp won't let you travel to Canada if you decided to leave it and then return.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[Kananaskis]

I would agree on most things except trv vs owp. Trv is just an entry document. Owp on the other hand gives you the status. Even if your trv expired you are OK as long as you either have or applied for work permit. On the other hand, having owp won't let you travel to Canada if you decided to leave it and then return.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Yes correct, that is what I meant. On your OWP it says it doesn't authorize re-entry, hence you need a trv or any other type of visa. And the status is definitely a case basis, because mine came with a remark saying "it doesn't confer status" so it doesn't necessarily gives you status. As far as my lawyer explained to me, OWP are just for work, and they come attached to some sort of visa. In my case my visa expired before the work permit and I had to re-apply because of that remark.
I really don't know how the OWP based on the family reunification works, and or if that would provide you status or not.