Joint BOWP Application - One refused, One approved...?

[Tnopip]

Hello everyone! Let me try to explain the situation here.

My wife and I applied for PR (CEC Inland, I am the main applicant), AOR March 21, and expect an answer anytime soon now.

In the meantime, as her PGWP expired on July 31st, and mine will expire on September 10th, we did a joint application for a BOWP back one June 29th.

When applying for BOWP, two applications were created under my myCIC account, one for me, one for her. We paid the fees together as requested.

This is where things got complicated: yesterday, August 17th, both applications got updated, and we have a message on her application. Her application got rejected and mine approved.
The reason on her refusal letter: non payment of the fees.......

We contacted CIC by phone, explaining the situation, and they told us that we paid $100 less than what we were supposed to pay, and only one application got approved because of this. But we did not chose the amount to pay! It was decided by the website, we just entered our payment information.

Now she has stopped working, but we ended up paying extra to only get one application approved, and we feel this is really unfair as we did not chose the amount. This sounds like a technical issue to us.

Here is what we paid: $410 total, $155 for my work permit, and $155 + $100 for hers. This is listed as such on our "View Application" page under myCIC. The representant we got on the phone said that both applications are $155 + $100, so a total of $510. We paid $100 less according to them, and they put the blame on us.

Did we miss something? Did we really do a mistake somewhere? Can we fix this?

Please help us, as we really could use her income while we wait for our PPR.


PS: On a side note, with my BOWP approved, I did not receive any letter, the status just changed to "Approved" on the application. Am I now effectively on an Open work permit (I am currently on a close work permit)? Or do I need to wait for a letter/flagpole to activate my new status?


Thanks everyone for reading!

 

[jes_ON]

My wife and I applied for PR (CEC Inland, I am the main applicant), AOR March 21, and expect an answer anytime soon now.

In the meantime, as her PGWP expired on July 31st, and mine will expire on September 10th, we did a joint application for a BOWP back one June 29th.

When applying for BOWP, two applications were created under my myCIC account, one for me, one for her. We paid the fees together as requested.

This is where things got complicated: yesterday, August 17th, both applications got updated, and we have a message on her application. Her application got rejected and mine approved.
The reason on her refusal letter: non payment of the fees.......

We contacted CIC by phone, explaining the situation, and they told us that we paid $100 less than what we were supposed to pay, and only one application got approved because of this. But we did not chose the amount to pay! It was decided by the website, we just entered our payment information.

Now she has stopped working, but we ended up paying extra to only get one application approved, and we feel this is really unfair as we did not chose the amount. This sounds like a technical issue to us.

Here is what we paid: $410 total, $155 for my work permit, and $155 + $100 for hers. This is listed as such on our "View Application" page under myCIC. The representant we got on the phone said that both applications are $155 + $100, so a total of $510. We paid $100 less according to them, and they put the blame on us.

Did we miss something? Did we really do a mistake somewhere? Can we fix this?

Well, I'm not sure where you went wrong, but you both applied for open work permits, so you were both required to add the open work permit holder fee.

Since her work permit was dependent on your BOWP, they approved yours. Her application would have been deemed incomplete, so eventually you will get the $155 returned to you.

You can re-apply for her spouse open work permit, based on on your BOWP, but will have to now apply for restoration as well (155+100+200). Unfortunately, she is not authorized to work in the meantime.

Sorry about this trouble. Ridiculous that the system is not designed to prevent such errors.

 

[jes_ON]

PS: On a side note, with my BOWP approved, I did not receive any letter, the status just changed to "Approved" on the application. Am I now effectively on an Open work permit (I am currently on a close work permit)? Or do I need to wait for a letter/flagpole to activate my new status?

Yes, you now are on "open" status. You will eventually receive a new work permit in the mail. Give it a couple of weeks.

 

[Tnopip]

Thank you so much for the answer Jes!

I guess we will have to wait now, as the timing for her to get the WP would be roughly the same as the only we expect to get the PR...

 

[jes_ON]

Thank you so much for the answer Jes!

I guess we will have to wait now, as the timing for her to get the WP would be roughly the same as the only we expect to get the PR...

Well, good luck. But you understand your wife is out of status now, right? And there is no guarantee that your PR application will be finalized after 6 months. And she only has 90 days from the date her PGWP expired to apply for restoration - either as a worker or a visitor. (Of course, if you are from a visa-exempt country, she could just exit and re-enter as a visitor). So just be aware, if you're getting close to the end of the restoration period and your PR application isn't finalized, you will have to do something to restore her status.

 

[fkl]

Well, good luck. But you understand your wife is out of status now, right? And there is no guarantee that your PR application will be finalized after 6 months. And she only has 90 days from the date her PGWP expired to apply for restoration - either as a worker or a visitor. (Of course, if you are from a visa-exempt country, she could just exit and re-enter as a visitor). So just be aware, if you're getting close to the end of the restoration period and your PR application isn't finalized, you will have to do something to restore her status.

+1 for that warning from jes_ON. Adding to that, even if you do get PR approved today and go on to do landing at say a border, you would be asked about current status. And having been refused an open work permit (even when it is a ridiculous mistake on CIC's part) and still not having applied for restoration is NOT A GOOD SCENARIO to do landing smoothly. Although any logical CBSA / CIC officer would see the whole situation and HOPEFULLY ACCEPT it if is with in 90 day limit. But i won't count on that and won't want to risk PR because of a mere application fee.

Processing time is irrelevant. You are fine if you apply today for restoration, get PR approved tomorrow and carry proof of having submitted application. That at least would ensure a smooth landing, which is certainly not the case if you do not apply for restoration.

If i was in the above situation, i would file restoration app right away. I have seen so many gcms notes mentioning "current status in Canada" at various stages of processing of PR app. I wouldn't want a VO to pick my app for finalizing, see that i have a spousal refusal and haven't even filed a restoration.

 

[Tnopip]

Wow, thank you guys for the heads up. We will go ahead and play safe then, I do not want to risk anything!!!

 

[jes_ON]

If i was in the above situation, i would file restoration app right away. I have seen so many gcms notes mentioning "current status in Canada" at various stages of processing of PR app. I wouldn't want a VO to pick my app for finalizing, see that i have a spousal refusal and haven't even filed a restoration.

Excellent point.