one-year pilot OWP for spouses and common-law partners

[Rob_TO]

This program is not for those outland applicants. Am I correct?
I am Canadian living abroad and submitted my application to sponsor my non-Canadian wife, is there anyway to apply for work permit to her so that we would be able to enter Canada before she gets her PR status?

These new rules are ONLY for inland. Absolutely nothing to do with outland apps.

 

[Rob_TO]

In general I imagine a ton of new applicants will decide to now do inland apps instead of outland, to take advantage of OWP after AOR. Inland processing times have been steadily increasing over the past year, so I wonder how times will be with now even more apps to process.

Will be a tough choice for some people. Inland and quicker OWP but full PR could take 2+ years during which is risky to travel, or outland and quicker time to PR but might have to wait bit longer to work.

 

[Smsm81]

Sorry if this doesn't belong here, I made a thread but nobody has responded. My husband and I are just about to send in our application, but these new changes have us questioning whether it is better to apply from inland or outland. We want him here in Canada and working as soon as possible. The PR card is just a bonus, what we really want is to be together and living in the same country. We've been doing the long distance thing for 3 years now and the flights back and forth are expensive, and we're both terribly depressed when the other isn't around..

With these new changes, if I am understanding it correctly, he would have his open work permit in 4 months. It's necessary for us however that he is able to return to Austria to visit while we wait on our application. Is this possible when applying inland? His grandmother is in poor health and it would be beyond terrible if he wasn't able to return to austria should something bad happen. Also, would they refuse him entry into Canada if he told the border officer that he intended on applying inland and staying in Canada on implied status? What about refusing him re-entry into Canada if he had to leave? How does that work?

If travel back and forth occasionally isn't possible, should we go the outland route instead? 4 months instead of 19 is a huge difference, especially as we are at the point in our lives where we want to settle down and start a family together.. any help or input is appreciated! Thanks!

You are the only person who can make your decision. Some got their approval in Vienna office in just 6 months, others in 10 many in 14+... Inland application now have the possibility to apply for and receive OWP in 4month, they can leave Canada but its not advised to do so.

 

[Smsm81]

In general I imagine a ton of new applicants will decide to now do inland apps instead of outland, to take advantage of OWP after AOR. Inland processing times have been steadily increasing over the past year, so I wonder how times will be with now even more apps to process.

Will be a tough choice for some people. Inland and quicker OWP but full PR could take 2+ years during which is risky to travel, or outland and quicker time to PR but might have to wait bit longer to work.

I am guessing inland will take longer time for processing the application... at this moment its taken 24 month, yet no OWP, so imagine after issuing OWP!

 

[beholder69]

If I had to take a guess, I'd say it was simply a matter of perception. No government/government agency wants to be seen as soft on illegals; the general public isn't happy when such people receive any form of benefit, which a work permit definitely is.

They can justify, and I believe most people in Canada accept, giving an illegal person PR status after an in-depth application verifying that they are the genuine spouse of a Canadian citizen/PR. No one wants to split up families.

However, it would be harder to justify giving a work permit to any person that is illegally in Canada, especially if it's issued based solely on a submitted PR application that hasn't actually been verified. That can easily be seen by John or Jane Canadian (who knows very little about the immigration system) as a "soft on illegals" action.


As for such people being able to apply for an OWP after AIP, perhaps CIC allows it because they know by that point that the relationship is genuine and the person isn't trying to use the PR app simply to get some form of status in Canada.

Spot on

 

[Ponga]

If I had to take a guess, I'd say it was simply a matter of perception. No government/government agency wants to be seen as soft on illegals; the general public isn't happy when such people receive any form of benefit, which a work permit definitely is. So is being allowed to remain in Canada!

They can justify, and I believe most people in Canada accept, giving an illegal person PR status after an in-depth application verifying that they are the genuine spouse of a Canadian citizen/PR. No one wants to split up families. Agreed, but clearly some don't want those without status to be able to provide for their families...just like those with status that will get the highly coveted OWP.

However, it would be harder to justify giving a work permit to any person that is illegally in Canada, especially if it's issued based solely on a submitted PR application that hasn't actually been verified.
Perhaps, but if a person without status is merely trying to defraud CIC, their Canadian sponsor would/should be legally liable if they do, since s/he will be signing the agreement to sponsor them.That can easily be seen by John or Jane Canadian (who knows very little about the immigration system) as a "soft on illegals" action. Perhaps they should educate themselves on the fact that those without status were eligible to apply for Inland sponsorship, just like those with status, that may be in a fraudulent relationship. The OWP with AOR really shouldn't be based on anything other than that.


As for such people being able to apply for an OWP after AIP, perhaps CIC allows it because they know by that point that the relationship is genuine and the person isn't trying to use the PR app simply to get some form of status in Canada. Same comment above would/should apply here as well.

Having said ALL THAT, I suspect that CIC saw it the same way.

 

[Smsm81]

Having said ALL THAT, I suspect that CIC saw it the same way.

Ponga
If I was the PM, I would assign you to lead CIC

 

[canuck_in_uk]

So is being allowed to remain in Canada!

Agreed, but clearly some don't want those without status to be able to provide for their families...just like those with status that will get the highly coveted OWP.

Perhaps, but if a person without status is merely trying to defraud CIC, their Canadian sponsor would/should be legally liable if they do, since s/he will be signing the agreement to sponsor them.

Perhaps they should educate themselves on the fact that those without status were eligible to apply for Inland sponsorship, just like those with status, that may be in a fraudulent relationship. The OWP with AOR really shouldn't be based on anything other than that.

Yes but allowing a person to remain in Canada illegally when they can't access any form of government social services is a far cry from giving them a work permit, which allows them a SIN and access to social services like healthcare, EI etc. In the first situation, the Canadian public is not supporting illegals whereas in the second situation, they are. Perception.

It's not a matter of CIC not wanting people to be able to support their families. This isn't some evil action that CIC is trying to do to people. As much as it sucks for those without status in this situation, they have put themselves in this position. They made a choice, for whatever reason, to violate immigration law. CIC has to draw a line somewhere and it seems that that is the line that they chose, to not give the same considerations to those who didn't follow the law as they are giving to those that did follow the law. Again, perception.

At this time, a Canadian sponsor cannot legally be held responsible for the healthcare, EI, benefits etc. that a spouse may claim while they have the work permit. As I said, this is all my guess, that CIC is essentially trying to limit access of those without status to tax dollars.

Unfortunately, educating the general public on this is probably never going to happen. Most people really don't care beyond knowing that their tax dollars aren't being spent on illegals.


I know it's not quite the result that you wanted but it is a massive improvement and will still help a lot of people!

 

[Ponga]

Now that makes sense. Once again, you show why you're such a valuable member here.

Oh...and it is possible for a person without status to have health insurance in some provinces...which certainly is a blessing.

 

[canuck_in_uk]

Oh...and it is possible for a person without status to have health insurance in some provinces...which certainly is a blessing.

True but only for the very few such as yourself who know how to fight the system .

 

[w1104]

You would be eligible because you HAD legal status and still have legal status (albeit implied status).

Those that HAD legal status, but did not MAINTAIN that status, either by including an OWP, or Study Permit WITH their Inland application, or by extending their visitor status, would NOT be eligible:

qualifying foreign nationals who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class.

Officers will issue open work permits to SCLPC applicants if they meet the following requirements:
a PR application has been submitted under the SCLPC class;
a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;
the SCLPC applicant resides at the same address as the sponsor; and
the SCLPC applicant has valid temporary resident status (as a visitor, student or worker).

Hi Ponga.

Where did you get this information from? can I get a link for that? I couldn't find it on the CIC website...

My wife was told that this program doesn't apply to her because I am a Canadian citizen. I laughed. but it is really infuriating because this person is also supposed to be helping the employees out with immigration issues.

a recap of our situation.
I'm married to her, she's a TFW.
we submitted a spousal PR with an OWP. (end of NOV)
her TFW permit expires mid January.
we meet all those requirements you posted.

I think we're fine as is right now, and she'll be able to continue working and will soon receive a OWP. (hopefully) We'll also maintain her legal status here through implied status should she not receive the OWP before mid January... so in my head, the problem is solved now we just wait...

but... it gets a lot scary when she starts getting whacked out advice from people that are supposed to know what they're talking about. next thing you know we'll be trying to fix something that isn't broke and end up breaking it.

 

[Ponga]

Hi Ponga.

Where did you get this information from? can I get a link for that? I couldn't find it on the CIC website...

Here's the link:
http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

Then, scroll to the bottom of the page and click on the link that says: Open work permits
http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/open.asp

Finally, click on: Who can be issued an open work permit?

 

[rajjj]

I just spoke to a very nice and helpful CIC call centre agent (for once!) and what Ponga said is absolutely correct. My partner and I are in a situation without status: she had status when she applied, but didn't maintain it through a visitor visa and didn't submit an OWP with the sponsorship application. The agent I talked to confirmed that:

1. If you have a work permit when you applied, and submitted an OWP with your application you would still have implied status even if your work permit expired, and would be eligible for the new program.

2. If you didn't submit an OWP when you applied, and fell out of status during the wait, but you have been out of status for LESS than 3 months, you can still apply to restore your status then submit an OWP with the new program.

3. If you didn't submit an OWP when you applied, and fell out of status during the wait, and have been out of status for MORE than 3 months, you are not eligible and have to wait for AIP.

I am very happy for many others, but also so disappointed that my partner and I aren't eligible. My heart goes out to everyone else in the same boat as us! The only consolation that the agent gave me is that the processing of the new OWPs will NOT slow down first stage processing of sponsorship, because AIPs are processed in Mississauga and OWPs are processed in Vegreville. At least for us people without status, it looks like the status quo rather than an even slower process!

hi very good info thanks
Please update when u going to apply owp

 

[Jamesdavid3]

So just to make sure..

They are still going to process work permits for people that submitted them with their application originally and we should get them in a few weeks?

The whole december 22nd Rule was all incorrect?

 

[w1104]

Thanks ponga...