Inland Application: Out of Status and Open Work Permit Application

[filwcy]

Dear all,

I came to Canada on 05/Mar/2015 as a visitor with a multi-entry visa. I married my husband in May/2015 and we decided to submit an inland application for PR with an application for OWP.

We finally got all documents done on 02/Sep/2015, which was quite close to the expire date (i.e. 05/Sep/2015) of my visitor status. At that moment, I learned I should extend my stay at least 30 days before expiry. I though I missed the chance to extend my visitor status so I decided to apply to restore my status directly. As a result, I submitted an application for restoration of my status as a visitor, an application of open work permit and an inland application for PR as spouse all together in a parcel to Case Processing Center – Mississauga. The parcel was successfully delivered and signed in the morning of 03/Sep/2015.

According to the the pilot program, applicant is eligible to be issued an open work permit if he/she has valid temporary resident status.
And another policy grants implied status to application who submits an application for open work permit along with inland application for PR.

In situations where an applicant who has visitor status submits an application for permanent residence to Vegreville and at the same time submits an application for a work permit (pursuant to R207(b)), the visitor may be considered to have requested an extension of their TR status (in accordance with R183(5)). They are considered to have implied status as a visitor, until a decision is made on their WP application.

My concerns are:

1) Which date will CIC take as I submit the applications, the day when the parcel is delivered and signed, the day when my parcel is opened and completeness is check or the day my applications are put in processing?
2) According to your knowledge and information above, am I in the implied status now and eligible to be issued an open work permit?
3) If answer to question 2) is yes, what will happen to my application for restoration of visitor status?
4) If answer to question 2) is no, will the application for restoration of visitor status help me to become eligible to be issued an open work permit under pilot program?

Thank you so much for your attention and your answers are appreciated!

 

[Ponga]

Since your Inland application and OWP were received by CIC on September 3rd, you're good!

You should receive your OWP by early January (hopefully sooner).

If you had not included the OWP and if your ROS application would have been denied...you would have then needed to wait until you had AIP to qualify for the [regular] OWP...which would have been ~ February 2017.

You don't even need to worry about the ROS approval, because the OWP submitted with the Inland application automatically gives you Implied Status, since it was received before your status expired.


Good luck!

 

[Ponga]

Just curious...was it the lure of the OWP that made you decide to submit an Inland application?

Are you aware that the Inland processing time is currently > 2 years, while many people that submit an Outland application (which can be done, even if the applicant is in Canada) complete the entire process much faster [depending on their country of origin]?

 

[filwcy]

Since your Inland application and OWP were received by CIC on September 3rd, you're good!

You should receive your OWP by early January (hopefully sooner).

If you had not included the OWP and if your ROS application would have been denied...you would have then needed to wait until you had AIP to qualify for the [regular] OWP...which would have been ~ February 2017.

You don't even need to worry about the ROS approval, because the OWP submitted with the Inland application automatically gives you Implied Status, since it was received before your status expired.


Good luck!

Thank you so much for your reply What a relief!

 

[filwcy]

Just curious...was it the lure of the OWP that made you decide to submit an Inland application?

Are you aware that the Inland processing time is currently > 2 years, while many people that submit an Outland application (which can be done, even if the applicant is in Canada) complete the entire process much faster [depending on their country of origin]?

Yeah, quite true. I'm aware there is a faster option and the difference of waiting seems not that dominating. I prefer to have access to workplace ASAP to gain experience and establish myself in Canada more independently. As far as I can support our lives, the waiting process could be enjoyable

 

[Ponga]

It is worth mentioning that if either your Inland application and/or your OWP application are returned, due to an outdated form or missing signature (or incorrect fee paid for the OWP [$255, not $155]), you would lose your implied status. Make sure that you did send the latest forms, signed as required and correct fees were paid!

 

[filwcy]

It is worth mentioning that if either your Inland application and/or your OWP application are returned, due to an outdated form or missing signature (or incorrect fee paid for the OWP [$255, not $155]), you would lose your implied status. Make sure that you did send the latest forms, signed as required and correct fees were paid!

Thank you for your reminder. I'm pretty sure I paid the correct fee and signed as required. However, I do sent an outdated form, which is the checklist for inland application. The only difference between the latest one and the former one is the description of receipt. Is that OK?

 

[redherring]

Hi, just wanted to confirm if you're out of status when sponsored, you cannot apply for the open work permit, right?
What if you apply for sponsorship together with the OWP a few days before expiry of your status?

 

[Ponga]

Hi, just wanted to confirm if you're out of status when sponsored, you cannot apply for the open work permit, right?
What if you apply for sponsorship together with the OWP a few days before expiry of your status?

Correct. If you are out of status, you will not qualify for an OWP until you have reached AIP stage.

If you have confirmation that the Inland application and OWP were received by CIC, prior to the day your status expired (and neither one is returned because of an error), you would qualify for the OWP...unless CIC thinks you're out of status...which has happened to a couple of people here.

 

[Aquakitty]

Hi, just wanted to confirm if you're out of status when sponsored, you cannot apply for the open work permit, right?
What if you apply for sponsorship together with the OWP a few days before expiry of your status?

It's a good idea to send in a visitor status extension anyways as a backup plan, even if you make the "deadline". There is always the chance they will return your application if something is missing or a mistake is made. And, as Ponga said, CIC has made errors about this before, and if that happens you'll have a giant hassle on your hands.

 

[Hortie]

Correct. If you are out of status, you will not qualify for an OWP until you have reached AIP stage.

If you have confirmation that the Inland application and OWP were received by CIC, prior to the day your status expired (and neither one is returned because of an error), you would qualify for the OWP...unless CIC thinks you're out of status...which has happened to a couple of people here.

Hi Ponga, I was just noticing this change on the processing time page;

""Spouse or common-law partner living inside Canada

26 month(s) ?

View your application status online

Includes assessment of sponsor and person being sponsored.

Work permit applications may be submitted after 16 months.""

As I am out of status at this time yet, it has been 16 months would it be advisable in your opinion to send in my application for OWP now or wait for AIP?

 

[redherring]

Thanks all! I think it would be a good idea to actually extend the visa since there's an implied status period. I am just a bit concerned about the 2nd extension and I haven't even done the 1st extension. Just a little question, would the implied status period be counted separately from the requested extension? My status expires on the June 1st. I intend to apply mid-May then could I request for June 15th ~ Dec 31st? Or should it be June 2nd ~ Dec 31st? Is 6 months the longest they would give? What if I requested June 2nd ~ February 2nd, what's the likelihood that it would be approved or rejected?

 

[redherring]

Oh, sorry got some follow up questions, what if I applied in November for visa extension then I apply for the sponsorship on Dec 2nd, technically I am already on implied status while waiting for the visa extension result. Would I still qualify for the OWP? What if the visa extension gets refused on Dec 3rd for instance. What if the officer receives the application on Dec 3rd, what if not? Would I still qualify for OWP? What if I applied for restoration? Would that bring me back to implied status?