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Betabr

Hero Member
Mar 21, 2018
224
85
Exactly my point. I spoke to them, they said until the visitors permit is approved, the owp will not be consider. That left me shattered and so much pressure on my partner. I have a job waiting and I doubt if I would ever be able to start. I am waiting till end of February anyway and if by the end of February, I do not hear anything back in relation to the Visitors permit, I will assume they no longer want to renew it.

The status on the visitors permit says "we are reviewing if you eligible for Visitors Permit", and this has been like this for months now. I can no longer be bothered as I do not have control over this, but really unfair.



I somehow feel that the grounds on eligibility for owp is wrong from IRCC. If I am an implied status, and the status clearly states I can continue doing what I was doing if I renewed my visa/stay before it expired, why should I not be eligible for the owp and change of status, as long as I have an existing status (which is the visitors, called implied because they are processing this application).

Furthermore, why do I need the visitors extension approved before the owp can be processed/approved, I am under a status when I applied for a change in status, it is not my decision to keep application under review for so long as the visitors status application has been "We are reviewing whether you meet the eligibility requirements." since October 2018. Considering what their website clearly says below:


"As a temporary resident, it is important to apply to extend your stay in Canada, if necessary, before it expires. Following submission of the application, you are considered to have implied status.

  • If you apply to extend your stay at the latest on the expiry date of your status:
    • you will be considered in status as a temporary resident until a decision is made on your application.
  • If you apply for renewal of your work or study permit at the latest on the expiry date of your status, and your permit expires before a decision is made:
    • you can continue working or studying under the same conditions as your existing permit, as long as you remain in Canada."
So technically, if that clearly says I am in status when I submit my application for renewal, why should my status no longer matter that I am still on the wait of their on decision even when they have clearly stated that I am on the same status but implied. Am suffering I the only one suffering from not understanding English or is it deliberate act from ircc just to frustrate applicants while waiting for their own decision to make.

The facts are, I submitted my application for renewal before it expired. I also submitted my pr application + owp whilst waiting for their own renewal of visitors permit application, why should the owp application depend on the visitors renewal decision, I need a word for this, somebody please help!!

That is really unfair.
Sorry to hear your situation!
One thing I am sure of: there is something wrong with your visitor extension. Many many people applied before you and had a decision made on their application.

Another thing is that the OWP pilot program for spousal is different from the others permits. And if you read the guide for spousal it states that we need to have a valid status to be eligible. And implied status is not a valid status (it only allows you to remain in canada while they process your app). If someone has a valid status and sends off an OWP app and it is not returned, they will process the OWP even though this person has the visitor status expired. Being on an implied status after thry receive the OWP app is fine.

To avoid this type of situation people need to apply for a visitor extension months before it expires so they can send the OWP as soon as they hear back from the extension.

Too bad CIC's website is not very clear about procedures.
 

Geno.uss

Champion Member
Nov 9, 2018
1,108
582
Sorry to hear your situation!
One thing I am sure of: there is something wrong with your visitor extension. Many many people applied before you and had a decision made on their application.

Another thing is that the OWP pilot program for spousal is different from the others permits. And if you read the guide for spousal it states that we need to have a valid status to be eligible. And implied status is not a valid status (it only allows you to remain in canada while they process your app). If someone has a valid status and sends off an OWP app and it is not returned, they will process the OWP even though this person has the visitor status expired. Being on an implied status after thry receive the OWP app is fine.

To avoid this type of situation people need to apply for a visitor extension months before it expires so they can send the OWP as soon as they hear back from the extension.

Too bad CIC's website is not very clear about procedures.
Yeah but from where did you get all this information? And where are the cases/info you are relying on?
I just called CIC and an agent told me that an implied status is a legal status and OWP needs legal status whatever it is to be valid for an OWP and a person should receive an OWP in 4 months even if he/she applied on implied status
What the agent noted is that immigration can not know if you applied for visitor visa extension (especially if applied by paper) because it doesn't show up on their system right away, it needs some time, so when you apply for OWP you should state in a letter that you applied for visitor visa extension and include receipt that you paid for visitor visa extension so when they are reviewing your application (before getting AOR) they put a note on the file that you have legal status and you are eligible for OWP
If you don't let them know by including a letter and receipt then they would think oh you are out of status and you aren't eligible for OWP and they won't process the OWP right away
 
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Geno.uss

Champion Member
Nov 9, 2018
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scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
https://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-for-visitor-visa-extension-and-open-work-permit-nearly-at-the-same-time-what-would-happen.591265/#XenForo
@scylla applied to this case and said visitor visa extension and OWP are completly separate processes which means approval of one doesn't depend on the other
The purpose with applying for visitor visa extension is to keep legal status and so you can still be eligible to apply for OWP
Sorry if my post wasn't clear. The advice I was giving to that user was to apply for a visitor visa extension even if the OWP is submitted while the person still has legal / valid status in Canada. This is a form of insurance in case the OWP/spousal sponsorship application is returned. If someone applies for the OWP while on implied status, it makes sense that IRCC will wait until the extension is approved before the OWP is issued.
 
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Geno.uss

Champion Member
Nov 9, 2018
1,108
582
Going to create a thread with the same topic to see what happened with people with the same case

Sorry if my post wasn't clear. The advice I was giving to that user was to apply for a visitor visa extension even if the OWP is submitted while the person still has legal / valid status in Canada. This is a form of insurance in case the OWP/spousal sponsorship application is returned. If someone applies for the OWP while on implied status, it makes sense that IRCC will wait until the extension is approved before the OWP is issued.
 
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Nasimj

Star Member
Mar 18, 2015
60
34
Job Offer........
Pre-Assessed..
My husband's OWP just got approved! YAY :)

Oct 19, 2018 - PR and OWP APP sent
Oct 19, 2018 - APP received by CIC
Nov 07,2018 - Received AOR
Jan 09, 2019 - Received MR Request
Jan 10, 2019 - Finished Medical
Feb 12, 2019 - OWP Approved!
 
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Betabr

Hero Member
Mar 21, 2018
224
85
https://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-for-visitor-visa-extension-and-open-work-permit-nearly-at-the-same-time-what-would-happen.591265/#XenForo
@scylla applied to this case and said visitor visa extension and OWP are completly separate processes which means approval of one doesn't depend on the other
The purpose with applying for visitor visa extension is to keep legal status and so you can still be eligible to apply for OWP
It is up to you to believe in what the call center agent said.

If you are interested take a look at many posts on this FB group and read the pinned post. They share a lot of formal information related to the sponsorship PR and OWP applications.
https://www.facebook.com/groups/inlandsponsorship/

If I had more time i would look for the asnwers to your questions, but I did all the research before I sent off my application and even a while after. I already got in trouble in the past bc I followed the call center's information, I know personally I few people who did things wrong because of what they said as well.

For sure you will find the answers in this FB group. Use the very useful Seach tool. :)
 
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Geno.uss

Champion Member
Nov 9, 2018
1,108
582
It is up to you to believe in what the call center agent said.

If you are interested take a look at many posts on this FB group and read the pinned post. They share a lot of formal information related to the sponsorship PR and OWP applications.

If I had more time i would look for the asnwers to your questions, but I did all the research before I sent off my application and even a while after. I already got in trouble in the past bc I followed the call center's information, I know personally I few people who did things wrong because of what they said as well.

For sure you will find the answers in this FB group. Use the very useful Seach tool. :)
Thank you for your reply, it's just so confusing since everyone says different things, I'm getting frustrated, CIC says something and then here you hear something else
What's the name of the group on FB because I haven't joined there yet, Thank you again
 
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Geno.uss

Champion Member
Nov 9, 2018
1,108
582
It is up to you to believe in what the call center agent said.

If you are interested take a look at many posts on this FB group and read the pinned post. They share a lot of formal information related to the sponsorship PR and OWP applications.
https://www.facebook.com/groups/inlandsponsorship/

If I had more time i would look for the asnwers to your questions, but I did all the research before I sent off my application and even a while after. I already got in trouble in the past bc I followed the call center's information, I know personally I few people who did things wrong because of what they said as well.

For sure you will find the answers in this FB group. Use the very useful Seach tool. :)
Just saw the link right now before it wasn't showing
All good, thanks