Guidance needed for maintaining status in Canada

[qkhalid31]

Hi Guys,

I have tried to search for answers on this forum regarding my situation but couldn't find anything specific.

My current situtation:
I am currently on a PGWP (Post Graduate Work Permit) which will expire in July, 2016. I got married here in Canada a couple of months ago and have submitted my application for PR under Family Class (Spousal Category) on April 6th, 2016. I also included my application for Open Work Permit with my PR application. I got a very nice job in my field of study in Canada and have been working here ever since I have had my PGWP.

My Questions:
As far as I am concerned, I have made sure that I submitted all the required documents and forms for my PR and OWP application, including a ton of proof of our relationship. But I would like to be prepared for the worst case scenario in case my application is sent back. I only have 3 months left before my PGWP expires, which means that if CIC sends my application back for any reason, it will most likely be after my work permit expires. At that point I will be out of status and will not be able to re-apply for the OWP until I have a valid status.

I just want to know is there anything I can do right now to avoid being in that situation? If there is, please let me know.

If there isn't anything I can do right now, what will be my options if I am out of status? Can I restore my status as a visitor? I know it is not possible to extend my PGWP as it is simply not allowed. Even if I apply to restore my status as a visitor, how can I convince the VO that I will leave or show ties to my country when I already have a PR application filed.


I am just really worried because I really need to be able to work for me to support myself and my wife. My wife is currently a full-time student and unemployed and I have been supporting her ever since we got married.

Any kind of help is greatly appreciated.

Thank you

 

[qkhalid31]

Bumping for visibility.

Any kind of advice is appreciated. Thanks.

 

[canuck_in_uk]

A few days before your PGWP expires, if you still haven't recieved your OWP, apply to change conditions and extend your stay as a visitor. With proof of the PR app and proof of finances there should be no issues. If the OWP arrives, you can withdraw the visitor extension.

 

[Ponga]

Are you certain that you have:

1. Submitted the latest version of all IMM forms in the Inland sponsorship application?

2. Paid the full and correct amount for the OWP, which is $255 (some people fail to include the $100 permit holder fee)?


If so, there's no reason why your OWP would be returned, but...CIC has been know to do things that defy logic. Hopefully, you will receive the OWP by early August (still seems to take ~ 4 months to receive). However...you will likely have a difficult choice to make when your PGWP expires. Do you stop working, as the overwhelming majority of people suggest, or do you keep working, hoping that the Implied Status will cover you. There have been a few that chose to keep working without any problems, but there have also been some that had BIG PROBLEMS, because they were found to have worked without authorization, because as you know, a PGWP is not extendable, therefore the implied status with the OWP would not allow you to `extend' the PGWP either. The implied status would allow you to remain as a visitor.

If your OWP is returned after the expiry of your PGWP, you would then apply for Restoration of Status within 90 days, or...you can apply to change your status to visitor on the last day of your PGWP status. Even though it may be redundant, it's the safest way to ensure that you never lose status before your OWP arrives.

 

[volkov]

bumping for you because we are in a very similar situation, except the permit status expires in less than 2 months, and we sent in the application in March and haven't heard anything at all back yet

I have heard of "implied status" if you have applied but are waiting, but does this still work if they haven't even acknowledged receipt of your PR application yet? also with work permit expiring, does my spouse have to quit work if the work permit expires before hearing back from them on a new work permit? .... and way worse yet, god forbid, have to leave the country before the PR is worked on?

so many worries, I'm losing sleep every night and rushing to the mailbox every day hoping just to hear any kind of notification that they got it, the tracking number for the package shows it delivered, but absolutely nothing from CIC as far as emails or communication

 

[qkhalid31]

A few days before your PGWP expires, if you still haven't recieved your OWP, apply to change conditions and extend your stay as a visitor. With proof of the PR app and proof of finances there should be no issues. If the OWP arrives, you can withdraw the visitor extension.

This seems like a good idea. I will prepare everything for the application so I can quickly submit it.

How would I prove my PR application? Especially if I haven't received anything from CIC.

Thanks so much for your advice! It is greatly appreciated.

Are you certain that you have:

1. Submitted the latest version of all IMM forms in the Inland sponsorship application?

2. Paid the full and correct amount for the OWP, which is $255 (some people fail to include the $100 permit holder fee)?


If so, there's no reason why your OWP would be returned, but...CIC has been know to do things that defy logic. Hopefully, you will receive the OWP by early August (still seems to take ~ 4 months to receive). However...you will likely have a difficult choice to make when your PGWP expires. Do you stop working, as the overwhelming majority of people suggest, or do you keep working, hoping that the Implied Status will cover you. There have been a few that chose to keep working without any problems, but there have also been some that had BIG PROBLEMS, because they were found to have worked without authorization, because as you know, a PGWP is not extendable, therefore the implied status with the OWP would not allow you to `extend' the PGWP either. The implied status would allow you to remain as a visitor.

If your OWP is returned after the expiry of your PGWP, you would then apply for Restoration of Status within 90 days, or...you can apply to change your status to visitor on the last day of your PGWP status. Even though it may be redundant, it's the safest way to ensure that you never lose status before your OWP arrives.

Thanks so much for your advice Ponga. One of the main reasons I have been really stressed out is because I filed my application on April 6th, 2016 and they updated one of the forms "Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)" on April 9th, 2016. However, the date on the form is listed as "March 2016". There is no way I could've gotten that form at the time I was submitting my application because it wasn't even there. I remember I checked it right before sending it off. Not only that, I used "Google Cache" to pull that same page on an older date (April 7th, 2016, a day after I submitted my application) and the new form was not there. I have a screenshot proof of this, not like it matters though. On the other hand, all my fees are of the correct amount.

Like you said, you never know with CIC, which is why I am freaking out a bit and making sure I have a worst case scenario plan.

Apart from that, I have already notified my employer of my situation and told them I will need to stop working when my work permit expires and they completely understand and will have no problem in re-hiring me as soon as I get my new work permit. I don't want to do anything illegal.

 

[canuck_in_uk]

This seems like a good idea. I will prepare everything for the application so I can quickly submit it.

How would I prove my PR application? Especially if I haven't received anything from CIC.

The fee receipt.

 

[qkhalid31]

The fee receipt.

Thank you!

Sorry about all the questions but do you know if I should mention that I applied for an OWP with my PR application? Or simply state it is a PR application.

 

[canuck_in_uk]

Thank you!

Sorry about all the questions but do you know if I should mention that I applied for an OWP with my PR application? Or simply state it is a PR application.

There is no need to mention the OWP app.