Have not recieved an acknowledgement letter from cic and no work permit

[SassyCanadian]

This is my situation and I hope someone can help me out.

My husband is from Germany and we got married December 22, 2012. He has been in Canada since February 5, 2008.

We applied for Spousal Sponsorship Within Canada September 2014. I know that the application made it to Mississauga because we sent it by Xpost and it required a signature.

My husband's closed work permit expired November 2, 2014. The company he worked for went under November 2013 and wasn't able to work or find another company that met the LMO requirements. That is when we knew it was time to apply for the Permanent Residency rather that wait for a work permit that may or may not be rejected. He has been off work since 2013 and we have been living off my salary alone. We did not apply for welfare or unemployment.

We applied for the pilot Spousal OWP and it was received January 8, 2015. The only reason we know this is because we had to contact the Call Centre on May 15, 2015. They have it on record and that it was received and still not processed. They said if we do not receive the work permit in a month to call again.

My only other issue that it has been 9 months since submitting our Spousal Sponsorship Paperwork and we have not received the acknowledgement letter from CIC. Furthermore, when we try to check the application status using the online tool there is nothing.

Should I be worried? Is there a way to request information that the paperwork was received? Two other couples we know that applied in 2015 have received their letters and are able to check online for there status updates.

At this point, I don't know what to think or what to do. I feel like I have been patient and now I am to the point of being paranoid. HELP! :'(

 

[Alurra71]

Unfortunately, if your husband did not have a valid status at the time you submitted the paperwork for the OWP Pilot program he will not be granted the OWP.

If he did have a valid visitor status, assuming you changed it to that prior to his previous permit expiring and/or restoring his status, you will just have to wait and see about the OWP

If this is an inland application you first need to attempt checking the status using you, the sponsors information. Date of birth/birthplace and such.

Alternatively, you can use your husbands previous UCI and such from his previous work permits to see if anything else has been added to his 'files' His UCI will remain the same throughout all of his interactions with CIC.

Good luck

 

[Ponga]

It sounds like he is now out of status, because the OWP was not included with the Inland application that was received by CIC prior to his WP expiring. The OWP would have given him `Implied Status' (throughout the process), which would have also qualified him for the Pilot Program OWP. He will eventually get the [regular] OWP, but must now wait until he reaches first stage approval, known as AIP (Approval in Principle). Based on the current processing times, that could be sometime ~ January next year.

 

[SassyCanadian]

A few questions come to mind...
- How is the pilot suppose to help the families without a valid work permit?
- Isn't there a certain rule of restoring a status with 90 days of an expired visa?
- About changing a work permit to a visitors, how is it allowed to submit 2 paperwork if the Spousal sponsorship is already in progress?
- Is my husband out of status regardless of having a permanent residency application in process and is there a way to fix that?

I tried logging in on the system using my information as the sponsor. My hubby's UCI number does not work when going to look. I assume this because he only had work permits previously and it doesn't show that. Is that because it wasn't processed at all? That could explain why I didn't get the acknowledgement letter, right?

Just to be clear, January of next year is the assumption of us getting through to the Initial Assessment? Does he get this AIP after I have been approved as his sponsor?

Thank you guys for responding to me, I am just so lost in all this. I am a Canadian and I had a Permanent Residency in the States. I was 4 when we moved and my parents did all the paperwork. This is my first time going through all of this.

 

[MilesAway]

A few questions come to mind...
- How is the pilot suppose to help the families without a valid work permit?
- Isn't there a certain rule of restoring a status with 90 days of an expired visa?
- About changing a work permit to a visitors, how is it allowed to submit 2 paperwork if the Spousal sponsorship is already in progress?
- Is my husband out of status regardless of having a permanent residency application in process and is there a way to fix that?

I tried logging in on the system using my information as the sponsor. My hubby's UCI number does not work when going to look. I assume this because he only had work permits previously and it doesn't show that. Is that because it wasn't processed at all? That could explain why I didn't get the acknowledgement letter, right?

Just to be clear, January of next year is the assumption of us getting through to the Initial Assessment? Does he get this AIP after I have been approved as his sponsor?

Thank you guys for responding to me, I am just so lost in all this. I am a Canadian and I had a Permanent Residency in the States. I was 4 when we moved and my parents did all the paperwork. This is my first time going through all of this.

1) The pilot program is for people who have kept their status.
2) Yes, but you must submit an application to restore your status, and pay a fee. If you did not do this, then unfortunately he is out of status and does not qualify for the pilot program.
3) Not quite sure what you mean here. You can apply to change your status, from work permit to visitor. Many people have done without issue.
4) A PR application itself does not give any status. So yes, he is out of status at this point. It is past the 90 day restoration window, so there is nothing you can do, other than leaving the country and returning, which carries some risks.

 

[SassyCanadian]

In other words, if we get his visitors status, is he then valid for the OWP? We just have to leave Canada and come back in to get a visitor status? We are just dependent on the person who is patrolling the border that day?

 

[MilesAway]

I am not certain how that would work for the OWP. I believe you need to have status at the time the application was submitted, but I'll defer to others with more experience with inland applications.

If you leave and come back, then yes, you are leaving your fate in the hands of the CBSA officer you encounter.

 

[scylla]

In other words, if we get his visitors status, is he then valid for the OWP? We just have to leave Canada and come back in to get a visitor status? We are just dependent on the person who is patrolling the border that day?

Yes - whether he is allowed back into Canada is up to the immigration officer you speak with when you return to Canada.

As for the OWP - it's not going to be that easy since it was submitted once he was already out of status. So I'm not sure how that is going to work. CIC won't suddenly process his OWP just because he's left and returned.

 

[SassyCanadian]

Okay, makes sense. How have people in the past been to able keep their status while waiting for their PR? If I remember correctly, a visitor's permit is only valid for 6 months and with a current processing time of 16 months for the initial assessment, that is a 10 month difference. I just know it is HIGHLY recommended to not leave the country while the inland sponsorship is process. When we applied for the Sponsorship my husband still had his worker status. At this point, is it best I wait for the initial assessment to be done, instead of poking the bear by leaving the country to get a visitors?

 

[Ponga]

Most people that submit an Inland application also include the OWP, which is the `magic ticket' that gives the applicant implied status throughout the entire process.

This only works for those that still had legal status on the day that both applications were received by CIC.

 

[MilesAway]

People either submit an OWP with their application, which gives them implied status, or they apply to extend their stay.

 

[SassyCanadian]

If we now get the visitor's status will that put him under implied status or are we kinda screwed here?

 

[MilesAway]

He is out of status, so you cannot gain implied status.

 

[SassyCanadian]

My only concern now if this is going to be a problem with his permanent residency application. Is this going to be considered him staying in the country illegally?

 

[Ponga]

Even though the Inland Guide was updated last September (and again earlier this year) that now states that legal status is required to be eligible for PR, I've not heard of anyone being denied, because of their lack of status.

No idea why that guide was changed, but so far...it's the only place that states this.