Inland application returned due to missing doc after PGWP expired, Help!

[aspman]

Hi,

My spousal sponsorship application + OWP have been returned after my PGWP was expired (note: my PGWP was valid when I applied for my PR + OWP application). As the result, I fall out of status and I can't continue to work.

The reason for return was due to incomplete Use of Representative Form IMM5476 - the lawyer's name was missing from the form!!!!!!!. IMM5476 however is marked as "not mandatory" in the document checklist yet the officer decided to return the application.

I'm writing a letter to include in my application when I'm sending it back to CIC, that explains the situation and asking if they can backdate the application to its original date so that I could go back to implied status base on the fact that the incomplete form was not mandatory and was literary the only form that was prepared by the so called lawyer. I have a really good job that pays very well, I'm afraid that my work can't hold it for me for a long time if I don't get my status sorted out.

Should I apply for restoration of work permit at the same time as well, in case they can backdate it? given that I had a PGWP for 3 years and is now expired, am I eligible to apply for restoration of status as a worker?

 

[CDNPR2014]

I believe you need to apply for restoration of status as a visitor, not worker (assuming it has been less than 90 days since your status expired). you can only continue working if you applied for a "bridging open work permit", and looking at the information on the IRCC website, it does not appear the spousal sponsorship OWP is eligible for "bridging". others will confirm if i'm understanding the application correctly.

Technically, the OWP application through spousal sponsorship is a completely NEW work permit, and it's not an extension of your PGWP or a "bridging open work permit". it's not that you are extending or "bridging" your current work permit as a current worker, you are applying for a completely different one as a spousal sponsorship pr applicant.

If I'm understanding correctly, if you applied for a "bridging OWP", then that has nothing to do with spousal sponsorship and should have been dealt separately from your PR application. i'd recommend reading the information on the page linked below. at this point, it does not appear you would be eligible to apply to "bridge" your PGWP.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=676&top=29

If you submmited an application for a spousal sponsorship OWP, then you need to apply to extend your stay as a visitor, since technically your worker status has expired (again, others will confirm if this is correct). you can not work again until you receive the OWP, which takes at least 4 months to get.

you are confusing the "mandatory" language. it is not mandatory to have a representative, so not all applicants need to include it in their package. If you indicate in the application you have a representative, then that form IS mandatory, as they need your permission to communicate through your attorney.

It is doubtful IRCC will "backdate" your application so you can go back to having status. you'll have to apply for restoration like everyone else.

 

[canuck_in_uk]

Should I apply for restoration of work permit at the same time as well, in case they can backdate it? given that I had a PGWP for 3 years and is now expired, am I eligible to apply for restoration of status as a worker?

Yes, you can apply for Restoration as a worker when you re-submit the PR app. However, as this was your mistake, IRCC will not backdate your application. You are out of status and cannot work again until you receive your OWP in about 4 months.

 

[methyl]

You are out of status and cannot work again until you receive your OWP in about 4 months.

Are you sure out of status applicants receive OWP after 4 months? I thought for out of status this is only possible after AOR2.

 

[canuck_in_uk]

Are you sure out of status applicants receive OWP after 4 months? I thought for out of status this is only possible after AOR2.

Yes. There have been several people in this situation who have done this successfully.

 

[Rob_TO]

Are you sure out of status applicants receive OWP after 4 months? I thought for out of status this is only possible after AOR2.

Yes, as long as the OWP app is submitted within the allowable time for restoration (within 90 days of having lost status), and the restoration of status app/fee is also included.

If it's been over 90 days since status was lost, then would need to wait until AOR2 or AIP.

 

[aspman]

Thank you so much for the replies.

I have another question:

When I'm filling out IMM5710, For "detail on intended work in Canada", page 3, question 1, "What type of work permit are you applying for?"

Should I choose "Open Work Permit" or "Post-Graduate Work Permit" or "Other"?


Does anyone know the answer to that?

Thanks

 

[Aquakitty]

Thank you so much for the replies.

I have another question:

When I'm filling out IMM5710, For "detail on intended work in Canada", page 3, question 1, "What type of work permit are you applying for?"

Should I choose "Open Work Permit" or "Post-Graduate Work Permit" or "Other"?


Does anyone know the answer to that?

Thanks

Open work permit.

 

[scylla]

I believe you need to apply for restoration of status as a visitor, not worker (assuming it has been less than 90 days since your status expired). you can only continue working if you applied for a "bridging open work permit", and looking at the information on the IRCC website, it does not appear the spousal sponsorship OWP is eligible for "bridging". others will confirm if i'm understanding the application correctly.

Bridging Open Work Permit doesn't apply. BOWPs are only for those who have applied for PR through economic classes - not spousal sponsorship.

 

[mjustind]

This thread is very very similar to what me and my spouse are going through right now. Any updates from the original poster?

Also, does anyone have experience applying for both an open work permit with a sponsorship application, and a restoration of status at the same time? Is that allowed? Spouse had to quit her job because of this so we are looking for the fastest was to get her a work permit back.

Thanks!

 

[Elvi28]

This thread is very very similar to what me and my spouse are going through right now. Any updates from the original poster?

Also, does anyone have experience applying for both an open work permit with a sponsorship application, and a restoration of status at the same time? Is that allowed? Spouse had to quit her job because of this so we are looking for the fastest was to get her a work permit back.

Thanks!

Hi ! We have the same problem right now. I got sponsorship app back with small mistake and by that time I have already lost my status in Canada.
I am thinking about to reapply corrected app with open wp and restoration of status applications all together.. please let me know if someone went through this already ?

 

[mjustind]

My spouse applied for both restoration and Owp along with her application. Status was restored but we have not heard anything back at all about anything else for over 5 months. You can do it but it seems you might have a longer wait than most people...

 

[Elvi28]

My spouse applied for both restoration and Owp along with her application. Status was restored but we have not heard anything back at all about anything else for over 5 months. You can do it but it seems you might have a longer wait than most people...

Sorry just to clarify; Your wife received a restoration of her status and you are waiting for the OWP? Am I understanding this correctly?

 

[mjustind]

Sorry just to clarify; Your wife received a restoration of her status and you are waiting for the OWP? Am I understanding this correctly?

Yes her status was restored until June 2018 but no open work permit or any other word from CIC since.

 

[canuck_in_uk]

Hi ! We have the same problem right now. I got sponsorship app back with small mistake and by that time I have already lost my status in Canada.
I am thinking about to reapply corrected app with open wp and restoration of status applications all together.. please let me know if someone went through this already ?

Note that there isn't a seperate Restoration app. On the OWP app, for question 3, you select both "An initial work permit..." AND "Restoration...".