Inland Application Returned now Out of Status - How to re-apply with PR+OWP+Restoration of status?

[superdupersaurus]

We sent an inland application for my common law spouse who is from Australia.

Here's our timeline so far:

Mid Feb - Submitted PR App +OWP
Feb 27 - His work permit expired
Mid April - Application returned as we did not sign in ink next to the electronic signature on Schedule A

Partner's work permit expired Feb 27. Because the app was returned is he now out of status?

I am assuming so and we will have to submit a Restoration of Status as a Visitor so he has legal status and our PR app + OWP again. Because he was on an IEC permit and visa, I don't think he can be restored as a worker but a visitor instead.

Do we submit the restoration of status as a visitor, OWP, and PR application all together at the same time in the same package? Or at the same time with the restoration mailed to a separate place and the OWP + PR together again?

The website is very unclear and it's confusing going from a worker to a visitor. Some of the form as a visitor doesn't seem to really apply or needs extra info like the "Details of Visit" which I would assume would be "Other" and the reason as "To maintain legal status during my application for spousal sponsorship".

Also, when they return an application do they highlight ALL mistakes? Or only up until they find one mistake. I'm now paranoid I missed something else but it wasn't highlighted and it'll be returned again.

Thanks so much!

 

[Eveslm]

Yes unfortunately he is now out of status. Some have said in this forum that one cannot submit the OWP application if they are out of status as they no longer qualifies, not sure if he submits the PR, Application to restore status togehter with the OWP will make him eligible. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

Eligibility
Officers will issue open work permits to SCLPC class applicants if they meet the following requirements:

• a permanent residence application has been submitted under the SCLPC class and is currently being processed, or has been received, by Immigration, Refugees and Citizenship Canada for processing
• a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf
• the SCLPC class applicant resides at the same address as the sponsor
• the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker), or is eligible to restore their temporary resident status, and has submitted the restoration application with their application for permanent residence

If he submits the OWP before he restores his status he might get a refusal and will have to wait until he gets approval in principle.

You can decide to send in the PR and application to restore status, then send in the OWP once his status is approved. Or take a chance

Here is a link to the guide to extend stay or change conditions https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5551-applying-change-conditions-extend-your-stay-canada.html

Application package https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-stay-visitor.html

For the work permit make sure you pay 155 for the work permit and 100 for the open work permit holder (255 in total), most have had their OWP applications returned because they did not know they had to pay for both fees.

All the best

 

[superdupersaurus]

Yes unfortunately he is now out of status. Some have said in this forum that one cannot submit the OWP application if they are out of status as they no longer qualifies, not sure if he submits the PR, Application to restore status togehter with the OWP will make him eligible. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

Eligibility
Officers will issue open work permits to SCLPC class applicants if they meet the following requirements:

• a permanent residence application has been submitted under the SCLPC class and is currently being processed, or has been received, by Immigration, Refugees and Citizenship Canada for processing
• a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf
• the SCLPC class applicant resides at the same address as the sponsor
• the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker), or is eligible to restore their temporary resident status, and has submitted the restoration application with their application for permanent residence

If he submits the OWP before he restores his status he might get a refusal and will have to wait until he gets approval in principle.

You can decide to send in the PR and application to restore status, then send in the OWP once his status is approved. Or take a chance

Here is a link to the guide to extend stay or change conditions https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5551-applying-change-conditions-extend-your-stay-canada.html

Application package https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-stay-visitor.html

For the work permit make sure you pay 155 for the work permit and 100 for the open work permit holder (255 in total), most have had their OWP applications returned because they did not know they had to pay for both fees.

All the best

Thanks so much!

I'm currently in the loop of calling CIC, not getting through, then calling every 30 mins until I get some questions answered by them.

Incredibly frustrating and heartbreaking considering how much time and effort the paperwork took. All we can do is reapply and wait. This process is so incredibly grinding. We were really shocked we missed what we did when we spent ages preparing everything, researching for months, calling CIC multiple times to ask every question possible, attending info sessions by a local immigration non-profit that brings in immigration officers to help.

Hindsight is 20/20. I keep seeing mentions of people applying for visitor status as a worse case scenario fallback and I wish we'd known and done that at the outset.

 

[Eveslm]

Thanks so much!

I'm currently in the loop of calling CIC, not getting through, then calling every 30 mins until I get some questions answered by them.

Incredibly frustrating and heartbreaking considering how much time and effort the paperwork took. All we can do is reapply and wait. This process is so incredibly grinding. We were really shocked we missed what we did when we spent ages preparing everything, researching for months, calling CIC multiple times to ask every question possible, attending info sessions by a local immigration non-profit that brings in immigration officers to help.

Hindsight is 20/20. I keep seeing mentions of people applying for visitor status as a worse case scenario fallback and I wish we'd known and done that at the outset.

Unfortunately not signing the schedule A has become a common reason for applications to be returned. I am trying to look for a thread of a person who submitted their PR, OWP and application to restore status. Perhaps you will be able to get something from them as well

 

[ktmelic]

You can check restore status as a worker at the owp form

 

[ktmelic]

Unfortunately not signing the schedule A has become a common reason for applications to be returned. I am trying to look for a thread of a person who submitted their PR, OWP and application to restore status. Perhaps you will be able to get something from them as well

Any update regarding this?