Inland Sponsorship Application & Out of status

[Orisk]

Hi everyone,

I would really appreciate if someone could help me with this!

Background: I've been living in Canada for 6 and a half years already. First as a visitor, then as a student, and after I graduated I got an open work permit. My post graduate work permit expiry date was January 26th, 2017.

My boyfriend and I started living together almost 2 years ago and on December 23rd, 2016 we applied for him to sponsor me as common-in-law and submitted a Open Work Permit application as well.

On Friday February 3rd, 2017 I got my application sent back because one of the documents wasn't translated (stupid I know, I didn't even notice). I've translated the document with a certified translator and certified the original copy and did everything and I'm planning on sending this new application for sponsorship tomorrow feb 6th, 2017 but I have questions about my status here. I was supposed to travel on the first week of June, 2017 now I'm not sure on what to include with this new application. As far as my understanding goes, I'm out of status and I'm not eligible for the open work permit until I have legal status in Canada or AIP (which is sucky because it was only by one week). So, now I'm thinking on sending a restauración of status application along with the sponsorship application but what else should I include? Which options is better considering that I need to travel the first week of June?

A) Sponsorship application + Restoration of Status application (as a worker considering I had an open work permit? Visitor?) + Open Work Permit application

B) Sponsorship application + Restoration of Status application (again, I don't know... as a worker? Visitor?) + visitor application?

C) Sponsorship application + Restoration of Status (worker? Visitor?) + Visitor application (so I can travel in June) + OWP application

D) Some other option I haven't yet consider?

Let me know!

Thanks!
Oriana

 

[aspman]

I have the exact same problem.

I applied for sponsorship through my wife as well as OWP before my post-grad work permit expires at the end of Dec.

CIC, however, returned my application because the Use of Representative Form (IMM5476E) was missing the representative name (That was the only form the lawyer had to fill out himself!!!! ).

I have a job that pays very well and I'm not sure what the next step should be. Will I be considered out of status and therefore, have to stop working? Which one of the options Orisk mentions should we do?

 

[canuck_in_uk]

Which options is better considering that I need to travel the first week of June?

A) Sponsorship application + Restoration of Status application (as a worker considering I had an open work permit? Visitor?) + Open Work Permit application

B) Sponsorship application + Restoration of Status application (again, I don't know... as a worker? Visitor?) + visitor application?

When a person applies for Restoration, they must remain in Canada while the app is processing. It takes around 4 months for the inland applicant OWP to be processed, so there is the very real possibility that it would not be processed by the time you plan to leave Canada. When you return to Canada, you would be entering as a visitor. If IRCC found out that you left the country before the Restoration app was processed, the app would be considered abandoned and you would need to apply all over again.

Your best option would be to apply for Restoration as a worker and remain in Canada until you have the OWP in hand.

CIC, however, returned my application because the Use of Representative Form (IMM5476E) was missing the representative name (That was the only form the lawyer had to fill out himself!!!! ).

I have a job that pays very well and I'm not sure what the next step should be. Will I be considered out of status and therefore, have to stop working? Which one of the options Orisk mentions should we do?

Yes, you are out of status and must immediately stop working. Any work from this point on until you receive another work permit would be illegal.

Apply for Restoration as a worker when you re-submit your PR app. For #3 on IMM5710, you must select both "Initial work permit" and "Restoration". You also need to pay the $200 Restoration fee.